My name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom had a terminal illness and was oxygen dependent. My mom studied diligently to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told it was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sued us in unlawful detainer court, they are trying to evict us. My mother was fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing arguments about how we were robbed of our home was irrelevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout that no one might help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff lockout, but to no avail. We were given an additional 24 hrs cos we still had a lot left to pack, the locks were changed but we were allowed to stay until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She cried and he told us that we had known for 2 weeks on what date we had to be out, that was time to have made arrangements. Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like dogs. It was a hot day, I loaded her machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I had no plan. My mom was in shock and had never asked me what we were going to do, she always had it figured out, everything had changed. I didn’t want her see me worry So we went into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere.. So we didn’t have any money for a room and had to sleep in our car, the oxygen concentrator was a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. It was a nightmare. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom was elderly, had a terminal illness and was oxygen dependent, yet was forced to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sues us in unlawful detainer court, they are trying to evict us. My mother is fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing nothing about how we were robbed of our home was relevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout so that there was no one there to help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff and the lockout, but to no avail. We were given an additional 24 hrs because we still had a lot left to pack, the locks were changed but we were allowed until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She was crying and he told us that we had known for 2 weeks on what date we had to be out, Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like we trash. It was a hot day, I loaded my moms machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I really didn’t have a plan. So we got into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and so sick and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere soon. W didn’t have any money for a room so we had to sleep in the car, the oxygen concentrator is a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting for the house, she called wells Fargo requesting relocation assistance, and was wanting to appeal the judgement but being displaced we couldn’t locate the documents we needed or come up with or the money within the 30 days we had to file by, so her hope was fading. She was hospitalized again for a few days and I asked the hospital to please keep her for the weekend and allow me to find a better place to stay, as being confined to a small room with 5 dogs is not going to be good for her. I was trying to make arrangements to go somewhere else or have the dogs stay with someone for a while, the hospital couldn’t hold her any longer and was going to give her a taxi voucher to get dropped off wherever. My mom didn’t understand what I was trying to do and thought I was just not wanting the responsibility so was trying to leave her at the hospital. So she called me on the phone and said “Brooke you can put me in a home if you want to.” I broke down crying she thought I would leave her right then just because it was hard? I had no choice to bring her back to the motel room. And her condition was getting worse and I wasn’t going to have her die in some dirty motel room, just as the manager was pressuring us to go because of the oxygen concentrator and energy costs they asked us to find somewhere else. So I found a house with a backyard that was recently bank owned with electricity on that happened to be in our old area and I got inside and we squatted there. We were only there less than a week when my mom needed to go to the hospital again. She was in ICU and her respiratory was failing. She went in October 9 2013, and my mom passed away October 16 2013, within 5 months of us being evicted. I sued Wells Fargo for the wrongful death of my mother, she worked hard her whole life, was in real estate herself and made principle payments on a property for 23 years only to have to walk away with ruined credit? My mom died a broken woman, she came from a different generation when the middle class was thriving, the American dream was obtainable, and there was protection for consumers against predatory loans like this. In the end there was no justice for us. So I believe that murder should be added to Wells Fargos list of the crimes they have gotten away with. I had representation this time but in the end they prevailed somehow, having their Summary Judgement GRANTED then – CASE CLOSED. I don’t see how the case could proceed while I had been incarcerated for the past 8 months (for stealing appliances out of a foreclosed home in Nov. 2014) I can’t stand the bank, always profiting from what the previous owner invested, it is sickening. So now I have nothing but a lot of pain, and anger. There was no justice for us. Not then when we spotted the fraud and filed our suit, not during the foreclosure when the stole our home and granted a judgement in order to evict us, and even today as I tried to avenge my moms death that was completely the fault of Wells Fargo and every dark hearted attorney that they hire. So now what can I do? I am at a loss and what other way can I fight this? I want to feel like I did what I could to avenge my moms death so that I can let it go someday. I feel very cheated and wronged.
I live in Florida and my house has been in various forms of foreclosure for 6-7 years. It was first held up by the Countrywide/BOA thing and then I hired a “hot shot” attorney that staved off going to court for a couple years then got case dismissed before it ever did. He was great. Bank reopened the case, same attorney staved off again until it finally went to court in August 2016 and we won case on statute of limitations foul-up by bank. Bank appealed in October, 2016. Bank dropped appeal in December, 2016. Is that because of the new Florida law? Am I out of options? Statute of limitations was my last defense. Should I hire said attorney again or is this the end of the road?
Am I right that most of the users of this Board go commando without using top-notch skilled lawyers to strategize and to present and argue the facts, legal points, law, regulations, and case law in educating your judge, and then bitch about when the judge doesn’t give you what you want ???
Are you nuts ?
I didn’t get half of my home for free with my ( now FORMER ) lender ordered to additionally pay my 25% income tax on the amount of my Court-Ordered forgiven mortgage debt BY ACCIDENT, and Ben Howard didn’t win HIS foreclosure case outright with the lender unable to collect a single penny from him AND having to pay all the real estate taxes and property insurance on his property for as long as he wants to stay in his gorgeous home near the ocean by Happenstance, it took FIVE sets of lawyers……including two former Florida Assistant Attorneys General to prepare and present and argue his winning case, and I actually had (free) assistance from the government !!!!
PEOPLE, the legal system is a MORASS stacked against you (you all KNOW that)…. I plead with you to seek out and use the brilliant legal minds who have gone before through the jungle cutting the path that wins.
I have lawyers all across the country available to me who charge me NOTHING and will even represent me for free through trial should anyone else try to sue me for ANY reason, and I dare say my out-of-pocket is less than $20 a month, I can pick up a phone and call a lawyer anytime and pick their brain and have them review things…even make calls and write things on my behalf.
I WILL BE GLAD TO SHOW YOU HOW TO DO THIS !!!
I love law, you all know this, but I dare say anyone who ventures before a judge MUST have an air-tight presentation ready, you must educate the judge and show them that they have no CHOICE but to grant you what you seek ??
If you want me to help you find attorneys to talk to, it will be my pleasure. Pick up your phone and call me !!! 954 781-9300
I am a true activist in groundbreaking Florida, land where I have a well worn path and forged untold landmines in the treacherous waters of uncertainty in this ever changing landscape of unpredictability, home to many, many skilled attorneys and properly educated judges, few as they may be.
I’d love to hear your stories in person. If I can point you in a more effective direction, I will be glad to share what I’ve learned in the hopes you’ll join Ben and I, relieved of significant debt and secure in our ownership – but not after a grueling fight the other guys lost.
I’m retired, anytime 9am to 9pm Eastern is fine to call 7 days a week.
Remember, I started in the mortgage industry back in 1965, and am still licensed. This is NOT a solicitation of professional services on my part… I WANT TO SEE YOU WIN !!!
Congratulations for ‘staying in the hunt’ for justice, not just-us….bankers club. Like they say, if it were easy, everyone would be doing it. When the criminalize us for being homeless….after stealing our homes…uhhh, ‘psss, hey God….this ‘anint right’. Please accept my prayers and best of luck….CHASE needs to be dropped like the criminal cartel they are…..go get ’em! trev
I’m now in my second battle with Chase after 8 years. In the new admissions they agreed they didn’t own the note when they filed for foreclosure. Huh I give you one guess how this will turn out
Thank you Dave….your advice today, is as genuine, straight-forward and worth a try…as it was years agao…when we first ‘met’….Idaho…is so rotten that finding ONE HONEST / FAIR JUDGE who is not brainwashed by the LDS Faith….is a hunt for something rare….but do-able….and I need something to do….something productive.
Perhaps I will be that John Doe….and after I put my rack to the dust…..after I join the Fall RUT of the Ages….I would be John Buck or John Bull. . of Johnny come lately….but better late than never. Christ turned the money changers’ tables…I would like to drop a couple banks to their knees…….like they di so many of their fellow Citizens….at the top…those CEO Slugs….are just people….they have to show up in Court….they have to put their pants on….one leg at a time…like the rest of us.
I just may you up on this, the challenge…..and invite 999 others to party with me.
Time waits for no one…even a traveller.
Thank you DangeroooooseDave…you make it fun….you make seeing just how possible is…fun….your gift.-Trev
The problems are pro se litigants cannot pursue class action suits.-
Instruction- Represent yourself as Class Member 0 and disclose to the judge that you know of other possible members. Make a motion that the judge assign a US Attorney as your litigation assistant to certify a CLASS and properly represent the interests of John Doe and Jane Roe #1-999. He has a Mortgage Fraud Task Force Working Group at his disposal.
The judge will either grant your motion or deny it.
If he denies it, this is an appealable error, probably one of many. You may appeal it immediately, or just save the item for your general appeal.
Hello Ms. Kellie:
First off….no, I know nothing about GMAC but i can bet you silver dollars to donuts that the head criminal at this outfit is connected to the pyramid…he/she has too….and therefore I can get to him/her….think of it like this…..I am the lightening/grounding rod ON TOP of the 7 star lifestyle they are living….thieving from good peole like yourself. So, if the outside antenae want to ‘smack’ the tenant living in the penthouse….well….we are like neighbors…think of it like that….imagine if your cable wires could come into your house and choke you if those wires thought you were a bad ‘tenant of the Word’…mockingbird…..wit me?
I am happy to hear you are in the mid/late stages of holding these bastards accountable….and if there is going to be a tidalshift, I would expect it to come from the Lone Star State…..y’all are independent….take no crap from illegal outfits….yet you still have chalenges with the bench-stench……I have the same issue here in Idaho…as my comments 2009-2017 will support.
Here is what I can do……I can inject myself into the process…..and as the way things stand…I just did….these walls have eyes and ears. I CAN/WILL give a heads up the Magistrate….him/her….in essance I can ‘write a letter to the Judge’ respecting due process….by lending (circumstantial evidence to the claim of FRAUD and misuse of power)…..I would write this letter if you could help me with a name/Judge and address…..I have Senator Warren on stanbye and I think somewhere in D.C. is an ET who could have that Judge make certain you case is heard FAIRLY….without out political influence….I think the Clinton and Obama monsters had a fear grip on all Judges….500+ murders have been atributed to those lushes……so now that the original (real) Hillary is dead…..she is…..I suspect the fear level is greatly diminished…..(think W. of Oz, house on witch scene)…..the Judges can come out now……
same for you…..email me….give me permission…soft…..and I will try to what I can without making anything worse………how could it get any worse…these FOOLS are making up the rules as they play the game……like calling a homerun a touchdown……giving themselves 6 points instead of 1……..yeah, email and I will try to head them off at the pass………old trick.
no promises….but it could not hurt…and will likely wake them stars up……deep in the heart of teh-hAs.
peace….and good luck.
I guess maybe deep down, I want to see one person clean their clocks…or as they used to say in your parts…..’Hang em high at noon’…..’make an example of them’. I have pull, let me use it for the +.
Do you have the connection for GMAC and all the evil that comes with these crooks. ? We have a law suit going on in Texas right now as my mortgage is the poster child for fraud, theft , deceit you name it it’s there. So now we get to fight criminals in black robes. Really pathetic anyway you slice it.
Hello bollivar4…
I would like to help you….my way….but I guess I would like to know if I can? I have had luck getting into the heads of the CEOs who lead this theft…..and idk…i may have some clout as others around the world are getting the ‘little boy horus newshour update’…ww.
Could you please email me permission…your name…any perhaps an account or reference number….my Family has had a Banking relationship with BoA since the 1960s…..and well…I am not too many standard deviations from the top of their House……
I will be civil…I will be ‘nice’…but if I fight for you….their Ivory Tower will shake.
I help to take down/out Met Life Home Loans…..but only recv’d $6k for my $300,000 in losses….it cost me more in nickles, dimes and quarters…to fight the 6 yr battle.
I have a STRONG voice and presence on twitter….so if I can help…please let me know via email.
I am the mercury drummer you see on the ’76 quarter….and the Spirit of the $2 bill.
I would like nothing more than to see one person brought back to financial life….can you list in your email how much you think thier fraud cost you….not line items…just a ballpark round figure.
I make them nervous on Wall Street and am in POTUS’s ear every hour……so mine is: trevor.hitchin@gmail.com
if I hear back from you cool….if it is water under your bridge…I can respect that too.
I am sorry for your pain….i have been thorugh the darkest too…..and it was not easy healing while your home was being stolen……..Boise has a lot of praying to do.
let me know….and Godbless you for sharing your story.
I am sorry America did this to you….to us all.
Not the way GOD had intended it…..but then again….mabe THIS communication will lead to a silver lining….another one.
not trying to be a hero…I just want to punch BoA for you…so hard it hurts them in pocketbook….so they pay you….so you have closue. There are 1000s of stories like ours….and we need to be renumerated/compensated for their white collar crimes.
WE do have people on the inside…ready to help. WE do….10 yrs later…but WE do.
Therefore you do too.
I am with the underdog, always…the Good News Bears.
cpwbtdhk
Thanks a bunch, Trevor, getting old is not a lot of fun. I have not been sleeping much at all for some time. I know what to do as I have always said, it is the simple things in life that sits right in front of our eyes that evades us. I have an order vacating the judgment of foreclosure based on motion to vacate the judgment of foreclosure. Relief sought: Dismiss the foreclosure case; Void the mortgage. The plaintiff never filed: Motion for Rehearing or notice of appeal all of which must be filed (30) days after the court’s order which would have been January 16, 2017. The court’s order is now “Law of the Case” as the court no longer retains jurisdiction. Next thing: file for a warranty deed based on my motion and the court’s order. The next thing I will half to deal with is the plaintiff refusing to sign the release of the mortgage. Motion to Show Cause Why the Plaintiff Should not be Held in Contempt of the Court. I believe will be in order.
I have had a total of (five) break-ins to my house since March of 2011. All of which purpose was to steal my foreclosure defense documents. March 2011, May 1, 2014, March 23, 2015, May of 2016 and the last one December 3, 2017. I have witnesses. I know everything about the man who broke in except for his name. I can’t tell you the reason for the sheriff refusing to investigate on this site. My intel came from a DEA agent. I finally got enough money to pay for a good home security, well I should say, multiple home securities.
I will half to finish getting all my documents together as I am still sifting through rooms of documents thrown everywhere. They alway leave my house in a mess.
I did try to get in on a class action law suit against BoA, but my BoA mortgage number was not a valid mortgage number. Who would have think it? i will be in touch. Thanks a bunch.
Hi Trevor,
Here is deceitful and fraudulent acts Bank of America did to me. In November, 2005 the same year I bought my home, BoA began embezzling money from my mortgage account as evidenced by my monthly payments were not applied to my account through December 30, 2010 for a total of 23 payments for close to $24,000 and charging me interest on this stolen money.
I was unaware of this until 2014 when I received my mortgage payment history from Green Tree Servicing, LLC, another crook. I received a letter from BoA thanking me for allowing them to purchase my home equity line of credit, of which BoA needed my expressed, written agreement. Of course BoA never had my consent stating I should receive an IRS 1099C form. Then, again through correspondence from BoA, I noticed that the home equity balance was added to the interest charged on my mortgage account. Of course I never received an IRS 1099C form. After BoA increased my mortgage payments from $1080 to $2374 a month, on a 30 year, fixed rate loan, and BoA had been charging me interest on all the money they stole from me. After 30 disconnected phone calls to BoA, the rep told me, “that if I could not make the increased payments, they would not accept any more payments from me, and could foreclose on my anytime they wanted”, end quote. I have an email confirmation dated January 13, 2011 from BoA.
BoA filed for foreclosure on me on June 7, 2011, the same day I fell ill to Lyme Disease. I was subsequently approved for disability from the Social Security Administration after starving for some time while the Lyme ravaged my body with arthritis and nerve damage. Before I became ill, I had been working two jobs supporting my daughter in medical school.
Silver lining: My daughter was able to get a large grant to pay for her entire medical school which was $250,000.
Amen to that.
As they say, the Lord works in mysterious ways…and yes…the last ten years have been hell on earth…hell indeed. Your adivce is welcoming….and since those who stole from us…those who abused their power….they will have to answer to GOD…as we enter the 1,000 years of ‘cleansing’.
Now you that you mention it, losing my homes actually has brought closer to Spirit….and I have met the most beautiful people….in my stuggle…….and I would have never met them had I been comfortably home….a tripple edge sword. I literally found myself STANDING ON a blank note card….at the Boise City dump….seagulls over head…..being thrown out of my home….the card read “GOD will take care of you”.
I still like my idea of ONE courageous Lawyer….taking on a multi-defendant class action…..for $ Billions…..but then again…Christ Himself asked for one…..just one good man or woman to stand….and even for him…..no one jumped at the chance.
I see change coming…..lessons learned. I see fairness in our future…..the meek shall inherit the new earth…..the land we cannot see yet. The sea shelves rising…..
Thank you….and IF there is ONE brave attorney….ONE firm willing to fight for all the marbles….please reach out.
If Drug Cos. can do this……..if major Insurance Cos. can do this…SO.CAN.WE.
Hi Trev, you are so correct. The problems are pro se litigants cannot sue for class action suits. That is the law in most states and federal courts. I have been where you are now and it was so bad, I get very upset just thinking about it.
You must be a very good person. “Wherever good does, evil follows”, Master Ling Chi. Circa 1974. “The longest journey begins with the first step”.
Being good will not get you where you want to be. First, I am not a blind faith follower. I believe what I see and hear. Me and others that were present has seen and heard the voice of our Lord and Savior, Jesus Christ on sever occasions. For most of us, even me it takes time to imagine such an all powerful being and to quiet your mind through meditation or any means you can use to connect to Him. It takes time and effort to abide by His teachings. Praying for your enemies is the hardest thing I have had to overcome, but it does work. You will be tested so be prepared.
Good luck in finding a Christian minister that believes in God. They are few. The practice of Macrobiotics will help you rise to level you can’t imagine in your present state. Look for counselors in your area.
I have to leave this post for now. God bless and be in touch.
hi all….still here…and yes…plenty of Bankster Scars to show for the abuse….2 homes…both in ADA COUNTY, IDAHO….Mayor’s Brother, the Judge did not even show to my Summary Hearing….where I lost…..so yeah, well travelled on this road of sloth.
I have an idea….why can’t we just CLASS ACTION (People of United States v Met Life Bank, Wells Fargo…First American Home Mortgage….etc….et al) why can’t we just add our names to a list…..pull a MASSIVE number out of the air…say $10 Billion…and go to town….and make our way up the JUST-US tower…….I am not done fighting…..but I am done hitting my head against the wall…….
How far from reality am I?
I am at the top of the food chain….starving.
I am trevor.hitchin@gmail.com if anyone wants to ‘chat’ 1:1 about this.
Our Country looks pathetic after what was done to us all….writing from a Motel room…and I am lucky to have enough to be here……..lost $1m + to the Boise fraud…..I want my money…I want my slice of the Fairness Pie….I was tortured…I was left to die…they STOLE my homes and raped my finacee on Christmas…the Cops…the Boise Police did…gang raped her 2011….NOT one cop has been arrested yet. Boise = Hell on Earth…..and the ‘mormon morons’ at the helm say it is the #1 city in America. Maybe Amerikkka, but not America.
Not the Country we have called home….me for 46 years.
Cheers.
Never give up……ever.
Trev
You’re the 3rd or 4th World Savings case I’ve heard about in past couple of days. Seems like pattern I’ve been seeing where certain lenders are pushing through theft of homes at certain times. When a county or area is corrupt only option is to make corruption charges to higher ups. Other option were trying is making public and showing any loan is potentially fraud and anyone can be affected not just “deadbeats”. An apartment building, commercial properties, properties not in foreclosure would be powerful and hit them on public opinion side which is only thing politicians care about.
Broker Sharon we are at the next stage and most don’t realize it. With the Wells Fargo scandal and Chase investor revelations, recent cases in CA it’s more and more clear courts and judges are corrupted and our homes are stolen. We still must stay out of the court trap as long as possible but now is the time to come together and demand justice and due process.
How do you fight when the judicial system is broken ( one-sided) especially in Lee county Florida. The judges are not following the he rule of law. We had 7 attorneys followed with corruption or incompetence. When asked to counter sue for fraud they would say what fraud. Had pick a pay world savings predatory loan, improper late charges when all payments paid on time. Have proof with receipts from post overnighting from post office. Forced placed insurance when had insurance and never lapsed, during mod they did not reduce interest for 3 months out of 12 (7.1 to 4.75% on 2,000,000 loan equates to almost $12,500 total overcharge, late charges of $16,000, forced placed insurance $4,700. This was a n induced foreclosure creased by design. The used a realtor to do drive by bpo on a 43 unit apartment building and swore to court property value of $1.3 mil without viewing financials and viewing 30 units remodeled (tiled thru out and 37 occupied out out of 43 units,)
I live in the broke state of Illinois. I know a man that is a semi-retired DEA agent. He told me that disbarred lawyer, Al Williams, the former state prosecutor was selling heroin and cocaine. Al Williams heard he was being investigated for drug dealing, he began stealing money from all his clients including $100,000 from a 97 y.o. nursing home patient and $25,000 from another nursing home patient who was 95 years old. He is now in foreclosure. Karma. I would like to publicize my case. bollivar4@gmail.com thanks.
Disgusted1
August 29, 2017 at 2:32 PM
Same here Bollivar. You know of any LAw firm in Crook County that are willing to Sue Non Licensed Debt Collectors that steal properties here ? New Penn DBA Shellpoint. What a crooked State.
Countrywide began embezzling money from my mortgage payments and escrow account in October of 2005 not long after I bought the house. This fraud was continued by Bank of America through December 30, 2010 when BoA increased my payments from $1080/month to $2374/month on a 30 year, fixed rate loan. BoA rep told me if could not make the increased payments, they would not accept any more payments from me and could foreclosure on me anytime they wanted. (coercion). After my lawyer was disbarred for taking bribes from BoA to derail any defense to foreclosure his clients had, I had to take over. The judge was extremely biased, prejudice and discriminated against me (I am disabled, violation of Americans With Disabilities Act). I was very ill from Lyme Disease, but I kept fighting this corrupt judge until I wore him out. I finally got an order vacating his judgment of foreclosure with a stipulation that I must hire a lawyer to keep his order. The criminal servicers bought every bloodsucker in my area. I will bring this up at the next status hearing. I have other tools under my sleeve. I have lost a lot of weight and several teeth in this battle. I am more than ready to lose more body parts whatever it takes. Being a homeowner is not easy.
Thanks for sharing this. All of us who are on the winning side should take our strongest arguments and share them (privately) with others who are still fighting. Time to tell the banks to stick to the original purpose for which we the people created them.
We have two issues…One, who owns the house, and Two, who owns the mortgage
Now, most people can’t take title to a house without obtaining a mortgage. and In order to GET a mortgage, you have to agree to 1) pay the mortgage off, and 2) keep the property repaired and in good shape PLUS pay the taxes and insurance to protect the owner of the mortgage, whoever that may be o you you fail to do any of those things.. YOU GIVE THE RIGHT TO FORCE A SALE OF THE PROPERTY TO PAY OFF THE MORTGAGE. If you keep your promises, you can sell or pretty much do whatever you want with it that isn’t illegal.
That concept isn’t that difficult.
But when someone DOESN’T keep their contractual promise, don’t think you can distract a judge with confusing them on who is entitled to force the sale…its pretty immaterial. Who is entitled to the proceeds really doesn’t involve you, that’s between others to fight over. If you or a court sells it, if it sells for more that what is owed will come to YOU, if it doesn’t cover what is owed, you could wind up no longer having title to the property…you MIGHT find yourself STILL OWING THE DIFFERENCE, hopefully that won’t happen.
There are only TWO PEOPLE I know personally who actually wound up doing really well.
One is a good friend of mine who WON his foreclosure case, and although the mortgage still is recorded against the property and ‘of record’, the company who tried to foreclose on them HAS TO PAY THEIR annual insurance AND real estate taxes, …..and he gets to stay in his gorgeous two story home right off the ocean without paying ANYTHING other than the utilities !!!.
The other person is myself . I had both a first and a second ( a Line of Credit ), both of which were approximately identical in amounts still owing. My first promised to roll my low initial “teaser-rate” three year ARM into a fixed rate for the remaining 27 years at no cost to me, and after telling me not to make the January 2008, February 2008 or March 2008 payments or they would cancel their offer, and promised they were setting my next payment to be April 1, 2008 – the filed a foreclosure against me just prior to April 1, 2008..
I sued everybody. The foreclosure case the first filed was ordered to be modified to a fixed rate, and the second, which then went to federal court, and with the help of the Justice Department, the bank was ordered to forego all interest and forgive the balance of $82,000 and pay $20,500 to cover the federal income tax on the canceled $82,000 debt, leaving me with about half of my property for free…half is better than none.
Both my friend and I did extensive investigation and legal work.
That’s what it is going to take YOU if you expect to defeat something and collect damages.
to read
Remember the law is CONSTANTLY changing and the whim of a judge can never be absolutely predicted….
In Florida, where we both are, the Bartram decision basically said the SOL stands, but ANY default that hasn’t been past the SOL, the right to foreclose stands. HOWEVER, you need to carefully read the recent 4DCA opinion in Sandefur v RC.
My friend used five different attorneys including two former deputy Florida Attorney General, to win his case, but because he won, his five figure attorneys fees were fully paid for by HEBC, who tried to foreclose on him.
I did all my own legal work, but I have been in the mortgage industry since 1965 and read Appellate decisions for a hobby, and I was going against Wells Fargo and BofA who both have done so much wrong they made it easy for me…. but it was painstaking ( you can pull up my case in the Broward Case Search)…pay attention to the Order signed by the head judge Jack Tutor !!!
(I was given the green light to separately sue Wells Fargo !!!)
If you have ANY scoop of misconduct by Wells Fargo or their alias American Servicing Company (ASC) now moved around to under their Wells Fargo Home Mortgage, or HSBC or “ACE SECURITIES”, please let me know…we could very well be of help to each other
Would you happen to know of any cases or individuals, including their attorneys, who have had any success against US Bank in attempted wrongful foreclosure actions. I am in a non judicial state in the 11th Circuit. I need any useful insight I can get at this critical juncture. I had/have a solid TILA rescission claim that the courts have conveniently bypassed.
I am in NJ and motion of summary judgement was recently denied, first of all US Bank as trustee *(if that is your case) can not foreclose as they have no rights. I need more info on your exact situation like who originated your loan , who is named as plaintiff, is there a trust/trustee involved and was your loan “sold” at any point. If you’d like the details of my case feel free to email me at d.casey17@yahoo.com Best of luck, don’t give up the fight, we are making headway in this charade
Payments could have been kept up easily for most people if the banks had not gambled away our economy. Read, “The Big Short” and “Fool’s Gold” and “All the Devils are Here” all available on audiobook to understand.
RE Broker (Sharon)
July 20, 2017 at 12:37 PM
also, “House of Cards” and “Too Big to Fail” as well of course of ” Chain of Title” all available on audiobook. Listen to it in the car.
Finally, the judge, sensing there are “material issues of fact” hahaha, has denied Plaintiff’s motion for Summary Judgement, and has asked counsels to contact the court to set up a trial date. The question for this group: Should we ask for a jury trial or go with the bench trial? Any info. is appreciated.
Here’s a chance to have an impact. Please sign petition to stop eviction of Purple Heart veteran and his wife. Wells Fargo claims they can’t do anything as Mr. Sexton tries to survive Leukemia and had $30,000 to $40,000 stolen from him by sham operation. Eviction scheduled for Tuesday.
A review of public documents shows the worst cast of characters MERS, AWL, Fidelity/LPS (Lorraine Brown). 12/16 Fidelity was in settlement talks for robosigning for $60 mill on top of LPS previous settlements.
Appears to be worse than usual broken chain of title.
The trustee doesn’t have many foreclosures in area of the property or even CA but very active relatively speaking in Midwest, South and East coast. https://www.gopetition.com/petitions/urgent-stop-unfair-eviction-of-senior-purple-heart-recipient-and-his-wife.html
So sorry to hear sharon. I surrendered my house in bankruptcy after chase reneged on 2 loan mods because they could not figure out ownership of the loan. How can they give loan mod if they do not have right lender on mortgage. I should have contested it more but after 6 years, i had enough I hate i had to file a bankruptcy just for the house but they kept adding on all these unexplainable fees and i has other assets that their criminal lawyers probably would have come after and could not risk it. I believe obuma wanted to break down the middle class and this was his way of pushing us down so he just insulted us by diverting monies that should have went to help homeowners. Never trust the banks, your realtor. They r only out for themselves prices for homes now are back to pre 2008 prices and buyers really need to beware
This is exactly what continues to upset me. How can the banks get away with this? In my opinion your home should be returned to you, regardless of what you were forced to do in bankruptcy court. You can look up on youtube, just type in “Bernanke questioned about trillions” and see that money was given to banks all over the place, even in foreign countries after the crisis yet people like us couldn’t get new loans, modifications, etc. Justice has still not been served to the American people at all in this. Many of these homes still sit unoccupied. I pray our government will finally realize these homes need to be returned to their rightful deeded owners, not the banks or investment groups, but the people who lived in them and bought them for their families. I pray our government will have the ability and desire to do this because it is the right thing to do.
Except Obama was left with fixing the financial crisis and the “war on terror” and people are still falling for it. Republicans wanted to let foreclosures go forward no matter what then both parties with the bribes of the banksters corrupted HAMP and the bailouts which every politician now needs to come clean on. We can’t just believe whatever we want, we need to challenge this crime on on our country wherever we are are and no matter what party we’re from.
RE Broker (Sharon)
June 14, 2017 at 9:40 AM
Hammertime, I’m not sure about what politicians are complicit. I think it is individual. The people that wound up taking my house were the bank or group of investors, the judge and the sheriffs department. They are directly involved. So the problem seems to be a failing in our Judicial and Law Enforcement Departments.
This is how the banks operate thru fear, intimidation, trespassing, trampling homeowners property rights, fraud. They use whatever evil means they have available to them which are plenty because as we know the banks also stole the money that should have helped the homeowners. They f$$ked up and the taxpayer gets screwd and they keep sticking it to us. They just want to make it go away anyway they can and the only way they can do that is to keep on with their corruption they started. They have to bully u out of your house so they can start over abd if they get you out with fc judgement and dump deficiency debt on you, they will bully you until you stop fighting or they put fear in you until you go away. Why doesnt our current president mention anything about this. All u hear is about the 2008 crisis, but no one really talks about all the people who lost their homes. They want us to forget and go away, but anyone who fought to save their home and see how corrupt the banks truly are will never forget and we shouldn’t. In fact there should be a history book approved in public schools explaining how the banks brought the crisis on themselves and how they wrecked families and their lives by forcing us out of our homes. Most of us are forever scarred. We are casualties of the foreclosure civil war!
All so true. It comes in waves, just when I think I might be starting to heal, I become obsessed again. This tells me, it isn’t a scar, it is still an open wound. I attend to it by learning what I can, trying to go on with my life and writing letters to those who I believe may have authority to do something about this. We can’t be left behind destroyed and empty handed. There is no justice in this outcome and it will bother me until the wound is healed with justice. I don’t know where it will take me but I know I can’t let it go. I believe at this point that the banks could be declared an, “enemy of the state.” for the upheaval they have caused on American turf and the destruction and weakening of American families that has been the fallout.
How do we know that spies, terrorists or organized crime, gangs etc. are not using these homes that good American citizens have been driven away from? How do we know that a foreign entity is not buying up huge lots of them for nefarious activity? How can the government be letting this happen? We are told that our country is so concerned with National Security. The banks have opened us up to the greatest security risk of our time, in my opinion, millions of homes in which good citizens of the United States have been driven away from that are sitting waiting to house invaders. Was it planned? That is a good question. How can I believe it was not planned when I tried again and again to get a modification, to pay them back and they refused. When I was threatened in front of a room full of witnesses and driven out of bankruptcy court by a government trustee? The only thing they wanted was my home. My little 800 square foot home. How does this make sense? The government must intervene to give these people back the control of their homes. Read the Reuters article I have placed here. http://www.reuters.com/article/regulations-zombie-idUSL2N0MA0Z520140313 I waited in my home. They had to remove me. What happens there now is the responsibility of the Sheriff’s Department, the local judge and ASC/Wells Fargo/US Bank until I receive notice that my home has been given back to me. We should all receive these notices. It is the only right thing to do for the future of our country and our people. The only safe thing to do for all of us..
…maybe someone didn’t like his neighbor so much because they had a low level job, was poor, didn’t mow the lawn enough, used foul language, whatever, but they were regular people. American fabric, neighbors. How is our government giving control of huge lots of houses to banks who have very little government oversight? Who were handed billions of dollars (Too Big to Fail) with no restrictions and simply “trusted” to fix things. Really?
Ims53. Are you going through a foreclosure or did you loose your home?
RE Broker (Sharon)
June 12, 2017 at 9:10 AM
The Sheriffs came and removed me from my home last May – 2016. 4 Sheriffs came to my door. They proceeded to place all of my belongings into a container which remained on the street overnight then was brought to the local dump the next day. I called the town and begged them to hold on to it so I could bring a truck to retrieve my belongings. I spent a May Spring Day as an American Citizen retrieving my belongings from a local dump after a half a Trillion Dollars was given (lent?) to foreign banks by my own government as I begged for years to be granted a modification only to be told by the bank that they cannot give me a modification because they do not participate in government programs.
Bobbi Swann
June 12, 2017 at 11:32 AM
@ Sharon (RE Broker). I am truly sorry for what you had to go through! A police officer dies outside of the line of duty and people flock to donate monies for the family left behind. A long parade of a funeral session where the streets are closed down BUT no such help is provided in a situation such as yours. It is truly sick that the fate of the ‘living’ continue to suffer and no help is provided. Have you or did you try reaching out to your local TV stations on your story or the plight that you faced? Or place a Utube video on line as a means of ‘warning’ others? Jamie Dimon recently made a statement to his stockholders that more needed to be done to provide housing for the lower class…made me puke! He will live his life in luxury now, but the Almighty will be his final judge.
RE Broker (Sharon)
June 12, 2017 at 3:05 PM
Bobbi, thank you for your support. It is truly a lonely place to be, still embattled in the 2008 Financial Crisis nearly 10 years later, picking your things out of a dumpster after doing everything you could to try to help a bank to give you a mod who was claiming to try to help you. So wrong. Kindness and kind words do help in the healing process while we wait and continue to speak up until justice is done and the homes returned to the people.
Mick. Fyi. I had to file bankruptcy after fc judgment and the interest adds up quick and by the time they sold my house, they claimed the deficiency to be over 180k. Liars and thieves and if i wouldnt have declared bankruptcy they would have taken my rental property which i now live in which is worth anout what they r claiming in deficiency, but unfortunately in bk. You have to disclose assets or they can not give you the discharge. What a racket. These banks knew that we could not win or would not have the money to keep fighting them and their crooked lawyers based out of tampa are so incompetent or stupid or both. I would have been living in my car because I know they would have come after me for deficiency because they knew about rental. It has been a nitemare and separated me from my one and only child. I have to believe we will get justice someday and I hope i am living to see it.
Are You prepared to LIVE in YOUR CAR? If not, FIND SOME MONEY! Have a list of attorneys (the best don’t stay cheap long, and like former posters, when You’re ultimately staring at a Deficiency Judgment (where they cay can take everything, including Your current SALARY with garnishment) because (at least in Florida) that Judgment hangs waiting for ANY Thing You OWN or EARN for the next TWENTY[20] YEARS. Costs those collection attorneys (who paid pennies on the dollar for the FC Judgment) are willing to invest now are increasing, for anyone STUPID Enough to remain here (in FL) AFTER a FC, IF You didn’t negotiate Deficiency Judgment WAIVER in the FC Judgment Process. These blood suckers are going to be after You whether YOU FIGHT or NOT….so why Not Fight? All You save Yourself(here) is a few more decades worth of GRIEF!
Just file for bankruptcy: In general, a mortgage deficiency judgment is treated like any other general unsecured debt (such as medical bills) in bankruptcy. This means that whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, once you receive your discharge your personal liability for a mortgage deficiency will be wiped out.
My daughter had me listed as the beneficiary for her life insurance. She has since had several “accidents” assaults and close calls. Sure they can say I’m crazy. That is how they fight. They call you crazy. Just like Lynn on the plane in “Chain of Title”, random threats, harassment and worse. You can’t prove anything unless someone talks who is involved in their evil dealings. I have since begged her to reassign her beneficiary and thankfully she has. I can only assume the FBI just watches them do this. They know all about you. All they care about is money.
RE Broker (Sharon)
June 2, 2017 at 1:37 PM
I have already read “Chain of Title”, “The Big Short” and “Too Big to Fail”. I am just about to start “All the Devils are Here.” I am going to start to send more letters soon and these books help me to be better informed when I write to the Attorneys General offices, Congress, Senators, etc. As I said in a previous post, money has gone back and forth from the government to the banks but very little if anything truly helpful for the homeowners. This is terrible injustice and I will not be quiet about it. If anyone has another book to recommend please let me know. Thank you.
Some questions if anyone knows the answer, chime in! How do you find out what pool of mortgages your loan might have been grouped in? Also, were loans re-amortized, not sure if that is the word… When a HAMP modification is done? As in, did I go back to making mostly interest only payments? Sure seems like it. I’m fighting my foreclosure sale. I’m going to fight like hell but I don’t see much evidence that homeowners have been able to win.
did you get a complaint , who is the plaintiff, there is a lot of was to find the trust info ,
RE Broker
June 1, 2017 at 8:12 AM
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
RE Broker
June 1, 2017 at 8:26 AM
Sorry I put this on the wrong thread.
Ashley
June 5, 2017 at 5:43 PM
US Bank, originated through National City but from my research it looks like my loan was sold to US Bank before I even signed the papers. Dated September 7th, 2007. It was a first time homebuyers loan if that makes any difference.
Ashley, we all fought like hell due to uncovtthe fraud and forgery being accepted by the courts.. nothing matters! The banks sold our mortgages many times over and lost the NOTES so they have to remove you to sell it to another in order to create a new NOTE! Get a huge setttement and get out, if not, you’ll fight, spend money chasing your tail as well as sleeplessness! It’s a crime by the big boys and we never win
RE Broker
June 2, 2017 at 8:27 AM
I have no money to fight yet I will not go quietly into the night.
Theresa
June 8, 2017 at 7:00 PM
We do win. I won. I’m working on a site to give people specific information on how to win…and a book detailing my experience through the five year wrongful foreclosure battle. You must stand firm. You must be organized. You must research and educate yourself. You can win. Many others have…and will.
daninwestpalm
July 25, 2017 at 6:29 PM
I like the part about “get a huge settlement” JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did.
-News Flash- -News Flash-
FLORIDA FC Victims
I need each and every one of You to put out the word….Desperately NEED to hear from ALL or Any that You know who’ve received 1099’s after FC judgment & also rec’d notice of, had attempted, (or worst of all) actually executed Deficiency Judgment against them as well? Liens on other property? Even Better; Garnishment on their wages? Best. Have a mean thing working, need victims. Taking bull by the horns (& no prisoners when done).
Ask them to please email me: petemichaels1@comcast.net Ask them to CALL ME 352.246.7483 anytime between 0800-2100 EDT
My house was taken, NY, Sheriffs showed up. I waited them out. Then received tax document that I owed the balance of a sale that took place back in August from one banking entity to another. Received this doc after I was removed in May. Supposed sale happened the August prior. Never received tax doc until after I was removed, well after the April 15th filing date for 2016.
RE Broker
May 28, 2017 at 6:38 AM
I wrote to Attorney General of Suffolk County, NY State and US, under last administration. Received letter back from office of Eric Schneiderman and off office of Loretta Lynch. Letter back from US Attorney General stated that my case was referred to FBI for investigation. I have not heard since. Letter back from US Attorney General was from Ian DeWaal, Senior Counsel, Fraud Section.
RE Broker
May 28, 2017 at 6:43 AM
Faxed this letter from Attorney General’s Office to Mr. Anderson at ASC/Wells who had responded to my CFPB complaint where the NY State Attorney Gen had referred the case for me. Shortly thereafter the WELLS FARGO fake account scandal broke.
RE Broker
May 28, 2017 at 6:48 AM
The letter I wrote to Attorney Gen. Loretta Lynch and cc’d the Atty Gens for NY and Suffolk outlined my story of pain and suffering and highlighted how my RE career was ruined by the posting of my name in public under foreclosure. How I had gone to 3 separate workout programs physically and applied for modification again and again producing every bit of paperwork they asked for. How each time there was a different reason given as to why I could not get a modification finally culminating in only, “the bank does not participate in government programs” I contested this in my letter to Atty General. I’m a American. I should be able to have access to American government programs to save my property.
RE Broker
May 28, 2017 at 6:50 AM
Please feel free to contact me with comments or replies. I think I forgot to check the boxes on all of the replies I left. Thank you.
RE Broker
May 28, 2017 at 7:21 AM
In the letter from Ian DeWaal, US Attorney General’s office, he acknowledged receipt of my letter stating that I was wrongfully denied a modification and that I was verbally abused in front of a courtroom full of people as a Pro Se Individual by a Trustee in bankruptcy court and that the matter was being referred to FBI for investigation. I have the letter. Interestingly, the letter was obviously ripped open and crudely taped back together. The local Post Office said it was delivered to them that way. I have pictures of how the envelope arrived. I am unafraid, probably to a fault.
RE Broker
May 28, 2017 at 7:27 AM
Everything was taken from me. My home, My reputation and My Career! I have no fear at this point. I will stand up for this cause even if threatened with death, jail or whatever else they want to threaten me with. I am a Real Estate Broker and private property ownership is very important to me as a principal.
RE Broker
May 30, 2017 at 7:15 AM
Additionally when I went down to the town in Babylon I was prevented from paying any taxes and having anything to do with the tax liability for my home. I was treated as if I were a non entity, a random non- interested party and blocked.
RE Broker
May 30, 2017 at 7:48 AM
I wish I could attach the letter from the US Attorney General’s Office here but I don’t know about the legality of publishing this official doc from DOJ or if it would harm a pending lawsuit if I could ever find an attorney to take my case. Here is the piece of the letter that is most important, I think, and I quote, “This is in response to your June 6, 2016 to the Department of Justice regarding your complaint, that your home was foreclosed, in part, because your application for a loan modification were wrongfully denied, and that you were subject to verbal abuse, by a bankruptcy trustee in public.” It goes on to give me resources to help me with the case citing that the DOJ takes very seriously how Court Bankruptcy Trustee’s behave toward the public. It goes on to refer me to the Albany Legal Aid Society and the Suffolk County Legal Aid Society. i had contacted several of these types of entities in the past, never a returned phone call or response. I contacted Albany Legal Aid and referenced the letter. I was practically laughed off the phone, however, I did get the indication that they recognized my name. I contacted Suffolk Legal Aid via email to make it more official. No response at all.
RE Broker
May 30, 2017 at 8:05 AM
I did everything the bank requested of me. I gave them all the paperwork they requested over and over again. ASC never seemed to know that US Bank had brought me to court, when these court dates were, etc. I was working with ASC and US Bank was taking my house. while I was going along thanking them for their patience until I finally wised up. Like the people in “Chain of Title” I was not looking for a free house, I was looking to pay them back, but they blocked me, prevented me, strung me along, caused irreparable harm to my children from the constant strain and stress of becoming homeless at the drop of a hat, irreparable hard to my career and yet I still believed they were good, all their commercials said they were. I even referred them for a loan for my last Commercial RE Deal I brokered in 2014. No mercy, no consideration, no humanity.
Not only was I blocked from a modification, but I was also told I could not pay my mortgage, or contribute in any way financially to the mortgage until I had a modification in place. Completely unjust! I have the check they sent back to me to prove it.
I was still working with CFPB at the time. I received what seemed like hundreds of documents from Wells Fargo trying to defend their case. CFPB considered this adequate answer without even consulting me and just closed the case. When I tried to reopen I received word from CFPB that even if the party I am complaining about did something illegal, they may or may not inform me. Case Closed.
Theresa
June 8, 2017 at 7:25 PM
I see posts about CFPB and Attorney General. Know that whatever you send to them they WILL give the bank an exact photo copy of what you sent in. This can give the bank a “heads up” that you are coming after them. However, you can also use this to your advantage if you know what you are doing.
I have printed emails. I have the letter they sent to me when I demanded in writing their answer that, “the investors of the loan do not participate in government programs.” which is the reason I was given for not receiving my modification. The letter is very vague, of course. They still claimed I owed them hundreds of thousands of dollars, after taking my house and I have the letter from US Bank in response to my letters that they refuse to forgive me the debt. I try to move on with my life but as the people in Chain of Title were unable to move past it, no matter how much time I pray, spend in the church pews, enjoy my family and new married life, I can’t let it go. It gnaws at me, particularly now that both my adult children are in need of the home for their residence. My daughter recently broke her leg and lost her apartment, my son was evicted when I was.
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
Does anyone have any suggestions for me? I have already gone to the Attorney General of the United States in 2016, can’t afford an attorney and have already had my house taken. Have already reached out to legal aid societies at the suggestion of Attorney General’s Office and there is no reply. Have already had a CFPB complaint closed simply because the bank answered me. And still I am told I owe several hundred thousand dollars.
Why doesn’t the government use the penalty money to fix MERS and give the people back their homes? It may be a naïve question. I am just getting into all of the information about it now. I was holding out that the banks were good for a long time. I needed this to be true in my heart as a Real Estate Broker. I was doing my best to work with them. I never took on a lawyer, until I wrote to DOJ after they took my home. To me, that was taking on a lawyer. I never fought the bank, only tried to work with them. Even gave them more business. They didn’t allow me to pay. Sent back two checks I sent them and told me I could not pay when I inquired. So I sat helpless in their jail for over 10 years all the while trying to modify my loan with them. They didn’t allow me to pay and yet now they say I owe several hundred thousand dollars. How does any of this make any sense at all? Where is there any goodness in this?
JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Ready for the nightmare to end. Bought the house in 2005, I have been fighting Ocwen since 2013. I know that there are major issues with my paperwork and though I have Not made a payment in over 30 months and I have stopped foreclosure over 10 times I need to be able to get this done soon. I have self taught all the defense and ways to stop them in Ga. But I now found that the trust my mortgage is so-called in hadnt had activities since Jan 2006 when it was suspended by the SEC. But on EDGAR I found my trustname . Ocwen claims to have the original note yet no assignment to my file. They have even sent me copies of the note but iddly from 2 different workers and each note has different endorsement names and a allong. Please contact me if you have any way to help. I’m not able to get a fancy lawyer, but I have a great cas
e. Jennie.Elle23@gmail.com
I am looking for a non attorney to research a satisfaction filed by Indymac Bank. The signatures and more look bogus. This was done in Florida.
Please help.
John bestpaj@gmail.com
trevor, yes at some point you have to weigh where u r at. The banks were and still are so messed up that you dont know really who u r paying and if the payments are being applied correctly. I filed BK because I didnt want the tax implications of short sale, but not sure what bk 13 does. I surrendered property so there should be none. the banks have raped us all. If you have to throw your money out the window so to speak, make sure it is worthwhile and in the hands of crooked lawyers and irresponsible banks would not be my first choice.
if I could ever go back in time….ten years…i would have played my cars differently….my win yesterday was not so much a win per se….but less of a loss….95% ‘less loss’ is to me a HUGE win……like staying at the beach long enough to see the next tidal shifts……together…we are all putting light on the dark……and perhaps our rewards for never giving up are still to come…you never can tell…..but I am glad i mouthed off like I did……I am fortunate to havei understood the entire wheel….so if I am ever in charge…I will know what not to do……scars add value…and are very expensive. when good people do nothing/say nothing…..this is the fear. . . this the pledge I took while standing on the ahes of my ancestors in Germany….
i am now thinking of this as the first year of my battle….not the last.
fight for every inch…..stay till the luck turns. pce. Y
aH….BOARD….my port of sanctuary….again we meet….again on choppy waters we sail…but we are still above not below the horizon line… i have news to report…again. to recap i was early in this shell game of RICO and collusion….and bankrot…and greed…and boise judges who are brothers of Mayor who ruled in favor of the Banks even though 50 US Attys smelled rotten foreclosure fraud..2007..2008…2009….so today…literally after ten years of their daily bs ….Met Life Home Loans and others….making my life….my credit….my everything a living hell……including IRS Tax hassels…liens…garnishments….credit destroyed…..friends and family bailed…..TODAY…i received notice from the IRS that my $375,000 fraudulent tax bill from 2007 was adjusted back down to $8,000 and that I can refile for my refund if one is owed….i can also audit my Federal and State Returns for the past 10 years…..thus changing the tidal waters…….it was like winning the lottery……it set precedence……never let go…never give up…my next stop is Qui Tam Federal in the State of Idaho…..v. Met Life Bank….. Hell is freezing over. Idaho is about to be taught a valuable lesson.
Shame on Met LIfe…Cudos to the IRS for seeing through their lies…abuse…and fraud and making the credits in my favor…finally….been a tough ten years….today was a miracle. The Met Life bastards stopped at nothing…now the 2 x 4 in Court. Never Again. @cfpb was worthless to me… as good as in on it.
GBLS….keep fighting…..the truth is killing the matrix….the light is burning it up…veil lifting. Amen!
Yeah….Today I felt like Charlie and the CC….my last piece of IRS hatemail….a HUGE WIN for the light….Forward.
ten years…then / overnight….it all changes. peace on the earth. Trev
obviously it shoud have read: ‘Charlie and the Chocolate Factory….’ the bankrot shitshow is still playing……the chocolate factory still broken….but the good guys won a big game today…..one for the little guy….but for me to have paid that 10 year fake bill would have taken me my whole life….after losing my life savings in 20 min to a compromised Judge….poetic justice. … never let go.
I am currently in the foreclosure process and the lis pendens was filed 2/22/2016. At the time the lis pendens was filed, they filed a copy of the mortgage and the note. The attorney had one of their own employees filed a “certification of possession of original note” as an original document specialist with the complaint, which was signed on Feb 4 2016, but a certification by a person with a fictitious title is not an affidavit and the person has no knowledge of the original documents, as they were not a party to the transaction or agreements. On March 28, 2016 they filed what they claim to be the original note and mortgage and this filing post dates the date of the date the complaint was filed. I have been fighting this pro se. I know fraud was committed. Mortgage electronic registration systems inc. has been the sole assignee of the mortgage and the note since 2005 and they are not a beneficiary, nominee, trustee etc. The mortgage assignment that was recorded literally states that Mortgage electronic registration systems inc purchased both the mortgage and the note for the sum of 10$. February 8 2013, Nationstar Mortgage removed the mortgage info from the mortgage electronic registration system and we believe it was done to hide information. There have been multiple servicers since the original loan in 1994 and there are only 3 assignments of mortgage recorded in the county records. Aurora Loan services inc had it in 2005 and then it went through multiple servicers then in 2010, Aurora loan services inc got it back and I know they did not have a license in Florida. The MERS system look up tool states the investor was lehman/fnma (Fannie Mae). Nationstar denies this but we have the min #. The fannie mae look up tool states they do not own the mortgage or the note but we know the note was securitized because they admitted it was in a REMIC trust and now they are denying it. The mortgage remained assigned to mortgage electronic registration systems inc. from 2005 until 2016 when Nationstar mortgage had their own employee assign the mortgage from mortgage electronic registration systems inc to Nationstar mortgage. There is no corporate seal, no witnesses and no corporate resolution recorded for the assignment from Mortgage electronic registration systems inc. The plaintiff Nationstar mortgage is relying on the holder rule. They claim to have the original note and the original mortgage, which I have viewed and I know it is a fabricated copy which was made by a laser ink printer. The color of the ink does not match any of the original documents that were signed and there is a twist as well because I personally signed the mortgage in a different color ink than the rest of the people. I signed the mortgage but not the note. My husband signed both. The blank endorsement is a copy of a signature, not a wet ink signature and not a stamp. The endorser signed as “attorney in fact” and there is no power of attorney recorded to prove the person even had the authority to endorse the note. The company that allegedly endorsed the note has been out of business since 2002. I live in the home with my two adult children, my 5 year old son and my 3 year old grandchild. My husband does not live in the home. I feel I am entitled to monetary damages and attorney fees. I do not want the money. I want to keep what is rightfully mine, which is the real property, my homestead and residence.
I need help. We do not have adequate foreclosure defense in escambia county florida. Please help me
T. Plott,
Look at your original trust deed or mortgage deed. Does the wording on the deed state that the security instrument secures to the lender the repayment of the note? If so, who does the instrument state the “lender” is? Does the instrument make sole provision for the “lender” to be the loan origination company/ bank, or can the “lender” also be an assignee of the original lender?
What i am getting at, is that when you took out the so-called loan, you conveyed legal title to the property to a trustee to hold as security for payment of the loan. You created a trust- as the grantor/ trustor/ or settlor of the trust. The trust res or rez, (the property put into the trust) was legal title to the real property. If the trust indenture- the security instrument/ deed indicates that the instrument secures payment of the loan to [only] the ‘lender’, then if that original lender is not owed any more money, (which it is not since the loan was sold off), then the deed is no longer valid for any purpose- because the trust has terminated! Once the purpose the trust was created for became extinguished, then the trust itself became legally terminated.
HOWEVER, the alleged note holder will not wish to acknowledge that the mortgage deed- which implemented and governed the trust, has actually become an invalid instrument, and that the original trust has for all practical purposes terminated. Nationstar wishes to enforce the deed as if the deed protects Nationstar as the “lender”, but in reality Nationstar is not the lender, and the trust terminated when the original “lender” sold the loan years ago.
Anyway, write back to me privately, and let me know what the scoop is.
Paul peggli@cox.net
daninwestpalm
July 25, 2017 at 6:36 PM
I did what you said and looked at the original note/deed. JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Not sure how far you’ve gotten at this point. You have to put that information on record in court. Put it on record with affidavits and do it correctly. If you are owed money or damages then get it and don’t feel bad about it… feel great about. That’s money for you and your family. I have no sympathy for the bank. Stick to the facts in court. Be straight to the point…leave your emotions out of it. Hope this helps.
Is anybody here looking into the role being played by 501C3’s in foreclosures? We are being sued for foreclosure by a 501C3. The loan originator got merged with a Big Bank (BB), then the loan was “sold” to a 501C3. (Loan was non-performing (NPL).) We have a “pool” designation from 2015 that appears to designate both the 501C3 and the BB. HUD started auctioning non-performing loans in pools in 2010, FreddieMac followed suit in 2014 and Fannie Mae joined the fun in 2015, all auctioning off NPL pools and SAYING (hah!) that they really, really hoped that not-for-profits and minority/women-owned businesses would be the winning bidders. (Disgusting!) In reality most of these pools have been bought by various BB’s or investment houses, and the not-for-profits are complaining that they can’t get into the game because the BB’s outbid them. Goldman Sachs buys NFNMA NPL pools through a “subsidiary” (as partial fulfillment of their obligations under the mortgage settlement agreement). My question here: what if a BB creates a “subsidiary” that is a 501C3 and sells loans that the BB is already servicing into the 501C3? Do they get additional credit on their settlement obligations? Do they get additional tax write-off’s from foreclosures that are brought by the 501C3?
Need some help!!! In Texas they don’t recognize robo signing unless you have exact proof. I have docs that were signed by Judy Fabre. How do you find out if your loan was in the groups that she was caught and admired tadmitted where robo signed. Those should be fraudulent and null and void. I do I get this info for court ?
dual tracking again after these banks and mortgage servicers ( which are generally the same) this is not going to end anytime soon. I dont understand why trump does not speak out on this. no wonder home ownership is down and prices are too high anyway. should go down with the rise of interest rates. sorry to hear this happen to you. the courts just issue a deed of their own fabrication, called certificate of deed or some fake name like that. they are just walking all over hard working americans, stealing our homes, part of the NWO. Wake up or they will rob you of everything you THINK you own. B******s
LMS,
1-Dual Tracking! Excellent! There’s grounds alone for their Complaint!
2-While I love where we are vs. where we could have been (LOTS Closer to full blown socialism, w/HRC clearing out the shelves of the already exhausted FED like Russian wives in the ‘grocery’ on Americans depicting ‘shopping’ under Communism in the former USSR), Trump is keeping his word, on the issues addressed prior the election. His Sec. of Commerce is bad news and Sec.of Treasury is an absolute nightmare, who RAN a Mtg.Mod. Company and LIED about his company & all the mega-banks when giving testimony B4 Congressional Committees.
3-He (Muninchyn or however You spell it) said “Banks DIDN’T WANT TO FORECLOSE, and modifications were far more cost effective to their bottom line” (I call BS, because they reigned down the FC’s in Florida INSTEAD of mods, and worse WHILE DOING THOSE MODS! They got their CAKE, ATE IT TOO, then turned around and re-sold the CRUMBS! I can only speak to FLORIDA, however I’ve read where it happened (and more importantly STILL IS HAPPENING) nationwide.They’re not only too big to fail, their too corrupt to jail (for fear they’ll educate all the small timers in adjacent cells!). & Now we get to use printed money with this LIAR’S name signed on it for the next 4-8 yrs.
Not saying Geithner was a BIT Better, but we were voting to DRAIN the SWAMP, not stock it with LARGER gators.
Trump coulda done a lot better, & then again, his sister’s a lifelong Goldman-Sacks Higher Up (yep, the same folks that underwrote & UNDERWRITE the Insurance, on the derivatives, for the Trusts, for their Trustees, for the Holders and Servicers of the Trusts Assets, all those MBS, which are founded on a failed concept from the outset….A:Real Estate always goes up, B:the stock market always goes up, C:people always pay their mortgages, and D: people NEVER, EVER REfinance those mortgages….any recent history contradicting those philosophies of biz? Ultimately, like before we’ll lose & they’ll win, even on the most STUPID WRONG Bets, because they Are…’the system’).
jmho,
-Michael
I have a question I am hoping to find an answer to. After the death of my mother the mortgage servicer refused to recognize me as successor in interest and basically demanded the due on transfer clause on an exempt transfer. The property was underwater but after a long struggle we managed to get refinancing. The loan was in foreclosure and scheduled for trustee sale. A month and a half after the new loan closed we were notified that the trustee had auctioned the property anyway, four weeks after the new deed had been recorded. My question is, how could the trustee have auctioned a property without a deed? The property was sold to the mortgage company. It all got straightened out, as far as I know, but does anyone know if this is legally possible? I’d appreciate any information.
Hi Terry,
No it is not ‘legally possible’. It IS Highly ILLEGAL. It’s another in the millions of clouds on titles that has been caused by bank corruption and judicial collusion throughout the country. You have a case, depending on Your state there are laws against this, as well as Federal Laws covering every state. It really doesn’t MATTER whether the Mortgage “SERVICER” ‘chooses’ to do, it matters what the Mortgage SAYS, and whether even that section (or the entire mortgage document) was legal, in Your state? IF (and that’s a really big word) the OBLIGATION inures (passes on to) upon all heirs and/or assignees (which is usually the case for all debt instruments, on ALL Parties thereto), normally spelled out in the FIRST and Second and LAST Paragraphs of All Mortgage/Deed of Trust Instruments (& elsewhere therein as well), You were automatically ‘successor in interest’, unless either a state probate, or federal bankruptcy court determined OTHERWISE? The “Due on Sale” (You called it ‘transfer’ & it can be titled that way) Clause usually EXEMPTS Death, Mental or other Incapacitation, because 1 of the fundamental freedoms our country was FOUNDED ON, was the right to OWN Private Property/aka REAL Estate, and the ‘estate’ part of that term meant ‘in perpetuity’ which means For-Ever, which means it ‘inures’ NATURALLY to the Family, Decedents, Estate Administrators, HEIRS of the estate. To State otherwise IN A CONTRACT would violate every tenet of the fundamental foundation of the concept of OWNERSHIP, of REAL ESTATE, <-making same an 'oxymoron'?
They Clouded Your title. Their TITLE SEARCHERS, 'didn't'. You can SUE THEM, You can SUE their Attorney/Title Company/Title Insurer. You will WIN, and every dollar and cent that You spent defending and refinancing is claimable as a damage, plus the full value of the property, ESPECIALLY if You wound up with a "Special Warranty Deed" from the former Lender? Here's the best part, and nearly all R/E & Litigation Atty's already know, ALL Costs and Atty FEES When (not if) You Prevail. Start shopping attorneys. Any who says "You have no damages" just doesn't want to take on the 'system'. Find a Good Litigator, they'll know better.
Be glad You aren't in Florida. Nearly Our entire Judicial Branch all the way to our Supreme Court has been bought and paid for with either former bank lawyer Justices, or their pension plans are so heavily weighted with BANK Stocks, they don't DARE overturn the stone covering the corruption You have documented IN THE PUBLIC RECORDS, in Your complaint.
HTH,
(& I Am NOT a Lawyer, I'm NOT giving You legal advice, I'm recommending You Seek OUT a lawyer, because even Bill Handel of 'Handel on the Law' would tell You, "YOU HAVE A CASE!".
-Michael
The trustee did not know that the loan was paid off prior to it “selling” the property. You better be certain that the title to the property is clear of the old lien now.
Oh and my friends have called around. So far no attorney is available to take on the case. At least in its current status. Post judgment. But I so agree, what attorney wouldn’t want the free publicity that this case would give? They would get rich or more rich on just this case alone. The amount of clients they’d get would be unbelievable. So many people out there are using owner financing and they are getting screwed and probably don’t know about it.
I think about those folks that lost their homes and couldn’t get a bank loan with a gun. They are all possible victims of fraud. The sellers inflate prices of homes to hide interest a lot. That is pretty obvious just from searching Craigslist for owner or seller financing. The house price is outrageous. Reminds me of those buy here pay here lots. Some say they offer 0% interest but the price of the car is 80% higher than it should be. Crazy!
I think my friends have a call into Mr Sawyer. It would be nice if they could take it on a contingency basis. The seller is not poor and owns a lot of real estate. The case could be huge.
But where are the law firms to take this to federal court? I guess they must be rich enough.
If anyone thinks of another firm, please let me know. I am passing information onto my friends who are so down and out about all of this. How the judge could not listen to a word that was said. How it could have gotten this far is what blows me away.
Has anyone ever threatened bankruptcy or a lawsuit to the opposing counsel? This is not something they have mentioned to me, but I am a bit more ruthless than they are.
Soltis, You’ll need to check further back in the thread, grab her gmail acct. & email her directly? I tried (3x) & she said It was going to spam, but still never replied offline. I’m hoping whoever her friends are didn’t get hooked up with a shylock, because they’ll spend thousands and likely still lose (since they’d already ‘lost’) & get an immediately scheduled sale date. I know folks both in the area & across the state, that, IF their Equity was sufficient (& it MUST have been for Seller who’d given them loan in the 1st place, to go to IMMEDIATE FC Proceedings), would LOAN them the funds, regardless of credit, as long as they had ability to pay back and again, that ‘sufficient equity’. That’d get them breathing room, & the dirtbag seller (& their dirtbag collections attorney) out of the picture, for-ever.
she was a ‘1-hit-wonder’ who came, got her answer(s) & likely will never return (although I hope I’m wrong).
HTH,
-Michael
Hi Carmen. Thank you for the update. I know the lawyers mick mentioned are fairly decent. I actually spoke to bruce jacobs and ice legal Ice legal has alot of green attorneys. I really dont recommend them unless you get tom. And bj is going to be very expensive. He is in the high rent district of downtown miami. I really wish your friends the best and hope they kick their a$$.
So, say I get really lucky and get a Summary Judgement with attorney fees paid. With a CRAZY GOOD case, is there a Florida attorney who would then file a Wrongful Foreclosure Personal Injury type case on a contingency basis? All the big banksters, servicing companies who have paid heavy fines in other cases, and law firms who have been caught, are all involved in my case.
ALL of the ONE’s I named for Carmen, PLUS Morgan & Morgan & dozens of other ambulance chasing, class action filing big named types would SALIVATE at the opportunity to SUE YOUR FORMER LENDER for wrongful FC. We have a guy named Sawyer Smith here in Ft.Myers, who SUED BoA and WON over a fraudclosure filed by them against folks who’d PAID CASH! Not only did he get Summary Judgment, he Got a LIEN on BoA’s PROPERTY and pulled up with DEPUTIES and a MOVING TRUCK to remove and SEIZE their Assets at a BRANCH in Ft.Myers! When, after locking the doors, the branch manager realized the jig was up and the movers were going to be taking EVERYTHING out of the branch, because corporate still hadn’t paid settlement costs (including, of course ATTY FEES), he CUT a CHECK….point IS that it MADE the NEWS here and is STILL on YOUTUBE. Just Search it. And tell me what attorney DOESN’T Want to be FAMOUS?! ON Prime TIme Local Nightly News W/O having to PAY for the Commercial for same?
Sooooo, stillfighting, HellYes! Like I said they’d be KNOCKING YOUR DOOR DOWN to represent You (and a bunch more, maybe like us?) and others wrongfully FC’ed by the Same Megabank(s).
Point is, can You GET summary judgment? Can You PROVE Wrongful FC to these atty’s? If so, What in the Heck are You waiting for, old age? Jeez, Louise, I’d just love to read the filed complaint!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Happy Valentine’s Day & Here’s hoping You get motivated soon, because busting the FRAUD is about a DECADE past due?
Most Respectfully,
-Michael
Bobbi Swann
February 14, 2017 at 4:14 PM
LOL! Living here in Pinellas county I remember the news and the truck pulling up to the BofA branch. You’re right….that went on national news. And I can bet that attorney got a lot of business that came in from ‘free’ advertising for his process serving…!!
Carmen Caparelli-Wintworth
February 14, 2017 at 5:33 PM
HA! That put a big smile on my face, Mick. I agree with you guys. Pay off what the summary judgment is. Then sue the losers for fraud. I am going to call them right now.
Oh my email address is wintworthllc at gmail (dot)com I am sorry about not including it. These people are my friends and I am so glad I found this website.
I didn’t know Morgan & Morgan handled wrongful foreclosure cases. Just looked up Sawyer Smith. Giving them his number. I wonder if he would work on contingency?
This lender owns a lot of property…. so there is a lot to be had!
If any attorney is reading this and wants to jump on a money heavy case you got my email address now.
Carmen.
Carmen Caparelli-Wintworth
February 16, 2017 at 2:23 PM
Hey Michael! I got your email and it has disappeared. Very strange, it is no where in my Gmail account. Must be gnomes! hahah Can you send it to me again. I am at work and I am interested in the lenders you know. My internet at home is crap and not working properly.
Cheers,
Carmen
mick
February 16, 2017 at 8:12 PM
Carmen,
Check Your inbox (then hit PRINT!, then have a pow-wow w/customer service 2gmail!)
Hey guys all is good! They found an attorney who is just itching for this case. I don’t know the name, but they are finally smiling! Thanks to everyone, for your help.
Carmen
imo, its all part of the globalist agenda, to further dumb us down and to control. all the TBTF bankers are globalists, along with apple, etc. I have a feeling that the housing crisis could be just the start. they want to control population, your money, everything……. they are a bunch of elite sickos that need to be removed from this earth.
After reading this post of disbelief that a bank can foreclose and steal your home and that our courts allow it is just so sad! You people who are not “getting it” really need to understand that this is exactly what is happening! It’s unbelievable but true and why?
URGENT CALL FOR HELP!
I have some friends who are looking for one of the best foreclosure appeals defense attorneys for a case in southwest Florida. This is a wrongful and fraudulent foreclosure.The property is owner financed and violates the Dodd-Frank Law at the time of the closing, the usury Law and plenty more. Basically, the seller and her so-called debt collecting attorney have lied all the way through the case. The homeowners had attorney that was incompetent with foreclosures and cost them the summary judgement hearing. A sale date has been set and they need help now.
If you are an attorney please email me directly with your information and experience with this sort of case. Then I can pass it along.
The homeowners have been through hell already and still going through it. The facts of the case are insane. How can people get away with stealing people’s homes?!
They need an angel to help them. Not someone who wants their next born so they can buy a new Mercedes and a $2,000 suit. That wont work here. These people are amazing, genuine, full of compassion, and would drop everything to help someone in need. Now they need that help returned to them. Time is ticking away FAST please hurry before they lose everything.
how can a bank steal a property that is owner financed unless, the new owner took out some type of secondary loan with a bank or perhaps, the seller that financed to the new owner has debts they have not payed and whoever their bank is is coming after seller’s assets which would include the income stream from the seller financed mortgage, otherwise the property could not be touched by anyone except the seller to foreclose if the new owner is not paying them. sorry carmen, there is more to this than you know or or saying. we know the banks are complete aholes, but there has to be a paper trace somewhere for this to fly!!!!!!
Bobbi Swann
February 14, 2017 at 3:55 PM
Owner financing, for the most part, is exempt from Dodd Frank in that unless the seller has financed more than 1 property per year they are exempt. Violation of usury is very, very hard to prove let alone get any kind of relief. In south Florida, where judges are more or less indebted to the banks for their support in re-election campaigns, are still not abiding by the law. Talk about corruption!!! Mark Stopa and Legal Ice are probably going to be their best bet in representation but they will need to act fast. No amount of ‘angels’ (unfortunately) exist in this nation’s court system. Best way to stop corruption is to vote out the sitting Judges and vote in those that stand by the laws of the land and not by the $$$ in their campaign funds.
Carmen Caparelli-Wintworth
February 14, 2017 at 5:17 PM
Hello! Sorry that I didn’t include more details,it was quite late when I posted it. There aren’t any banks involved. The property was free and clear without any liens. The owner financed it and they hand an official closing just like a bank. The home is in the buyers name legally. The Dodd-Frank law section on Residential Mortgage Loan Origination Standards covers owner financed properties. In a nutshell, property owners who sell less than three properties a year are exempted from becoming a licensed mortgage originator. Only IF they follow the the guidelines stated by the law. Here’s a link to the public law https://www.gpo.gov/fdsys/pkg/PLAW-111publ203/pdf/PLAW-111publ203.pdf
Page 763 & 764.
And here is a snippet:
A mortgage originator:
“(E) does not include, with respect to a residential
mortgage loan, a person, estate, or trust that provides
mortgage financing for the sale of 3 properties in any
12-month period to purchasers of such properties, each
of which is owned by such person, estate, or trust and
serves as security for the loan, provided that such loan—
‘‘(i) is not made by a person, estate, or trust that
has constructed, or acted as a contractor for the
construction of, a residence on the property in the
ordinary course of business of such person, estate, or
trust;
‘‘(ii) is fully amortizing;
‘‘(iii) is with respect to a sale for which the seller
determines in good faith and documents that the buyer
has a reasonable ability to repay the loan;
‘(iv) has a fixed rate or an adjustable rate that
is adjustable after 5 or more years, subject to reasonable
annual and lifetime limitations on interest rate
increases; and
‘‘(v) meets any other criteria the Board may prescribe;
The issue here is that the seller violated rule (ii) and (iii). They have spoken to several attorneys all of which state that the seller did violate the law after reviewing the case facts.
So need an attorney to file an emergency stay and an appeal.
Not related to this case. If someone seller finances a property and they still have a mortgage and fails to pay the mortgage, even if the buyer is paying. The bank can foreclose on the home. There have been a number of cases where this has been an issue. They see it as fraud because the seller is committing fraud by keeping the money. Here is a link to a story where this happened to http://homeequitytheft-cases-articles.blogspot.com/2011/10/builders-contract-for-deed-scheme-used.html
Carmen,
There’s Bruce Jacobs in Miami. There’s Ice Legal in Miami. There’s Kevin Jurisinski in Fort Myers, There’s Mark Stopa up around Tampa. There are plenty of great lawyers who will help them out IF THEY HAVE A CASE. I don’t know who their ‘incompetent’ atty was, or How “incompetent” he was, however in Fort Myers & Naples (aka “SW Fla.”) Your friends already have a HUGE UpHill Battle, as, shy of murdering the FC Defendants, FC Plaintiffs prevail about 99.999% of the time here, with both LOCAL and Appellate justices nearly UNANIMOUSLY being former ‘bank lawyers’ (just the way Florida BAR and Judiciary Appointment Committee Want It). That said, THEY aren’t going to acquire representation for ‘free’ because YOU THINK They’re “good people’. They sure as heck aren’t going to get GOOD representation for a CHEAP price. They may wind up in the hole, however IF They still have significant EQUITY in Said Property, I know folks who will refinance them RIGHT NOW….by like, NEXT WEEK, and they can deal with everything else, later, while simply paying off the ‘scumbag’ & scumbag’s lawyer/fees/court costs, and then PURSUING a Separate (or SERIES of Separate) Action(s) against the Plaintiff & Counsel for the purported frauds on the court, etc. IF Your friends have EQUITY, (aka their house is worth $350k & this FC is for $150k) I KNOW People who can help Them immediately (& Don’t CARE About the circumstances, as long as there’s sufficient EQUITY, and a reasonable expectation that the borrowers, Your Friends will PAY THEM BACK).
I’m guessing Your friends need an immediate motion for rehearing, or to file a notice of appeal. I can help them prepare either, if they need to start of pro se (initially representing themselves, while they secure counsel. I WOULD NOT Recommend, ESPECIALLY HERE, they attempt to ‘defend themselves’ in the appellate realm….that never ends well) however moving to the appellate realm only works IF their attorney wasn’t Completely incompetent?
There are also multiple FEDERAL AGENCIES who’d love to hear how their rights were violated (I’m concluding TILA violations, GFE Violations, and a fair # of D-F violations if this is their primary residence)? Is there a particular reason why they didn’t/haven’t COUNTER SUED for fraudulent FC and damages? IF They’ve really been ‘hoodwinked’, there are a SLEW of Attorneys who’d take BOTH the APPEAL and the Fraudulent Foreclosure Case on CONTINGENCY because if the attorney sees fraud having been committed, IN THE RECORD, he/she know they can prove it, expose it, and reverse Your “friends” existing summary judgment.
Usury in Florida is EITHER: Charging Interest exceeding the State Maximum allowed on Real Estate (read=18%, yes, You read that right, EIGHTEEN percent), or charging interest for periods of time either before the owners held title, or after they surrendered title? Usury is a pretty high threshold to meet/prove?
FYI, I am NOT an Attorney (or paralegal) and only do legal research for a few FC Defense firms. IF they have a case, any of the 3 named above will take it and save them their home. Sale Date is immediately suspended with the filing of a notice of appeal. Appeals take about a YEAR, average, and probably will cost them $10-$20k. Keep in mind that IF the “Owner” who did the “Owner-Financing” broke State or Federal Law, and that can be proven, as well as the “Owner’s Attorney” making false representations before the Court, they not only have 1heluva case, they GET THEIR LEGAL FEES and COSTS awarded (both at the district and circuit levels) if what You state can be PROVEN. nobody “can email You directly, unless You make Your email address available to us.
Please consider NOTHING I have TYPED above (or below) “Legal Advice”, as again, I am NOT licensed to practice law in Florida (or any other state). The Underlying SUGGESTION is that You have Your ‘Friends’ begin calling/emailing the above named suggested ATTY’s for some LEGAL advice. Let THEM tell YOU (or more aptly Your “Friends”) that YOU HAVE A CASE.
The FIRST bit of NON-LEGAL Advice I would give Your Friends is to REFINANCE RIGHT FREAKING NOW…close Next WEEK. Get the scumbag outta their lives and breathe easier (again IF THEY HAVE EQUITY, & I’m betting the probably do….usually landlord mindset mortgagee’s jumping the gun on FC’s are AFTER that EQUITY!)
The Second bit of NON-LEGAL Advice I would give Your friends is to GO to the COURTHOUSE, Clerk’s Office and shell out the $100-$500. to get a copy of the ENTIRE Complaint & Action, including the summary judgment ($1. per page, statewide cost). Take it to Kinko’s/Office Depot/Staples w/a THUMB Drive (or do this at home if they have a scanner) and create a chronology of “.pdf’s” keeping them to about 2-3mb ea. and number all files/including motions & orders by DATE, or other numerical procedure so the entire FILE makes Chronological Sense. HAVE it on a thumb drive when meeting with the atty’s. Let them READ the case. IF It’s winnable, the ATTORNEY will see that and tell them so. I can also share simple online format to transfer up to 2GB for free to those atty’s.
Carmen, I hope something in this helps both Them and You?
My 2 cents
Happy Valentine’s Day,
Most Respectfully,
-Michael
352.246.7483 anytime
PS:lms53…actually private lenders/owner financiers are now regularly SELLING their NOTES, so don’t assume that just because an agreement started out ‘1 way’ it couldn’t take a serious turn, ‘another way’ after a new servicer begins handling the note & pmts? Not saying that happened here, but it DOES Happen, all the time now.
Carmen,
Went trying to find You online (looks like You’ve been posting all over the place?), however WE can’t contact You via this discussion board, any more than any of the others You’ve posted at, unless YOU reach out to us?
I’m no scammer, and only aim to help Your Friends if it’s not already too late (which, by filing a notice of appeal, even up until midnight tonight may still be timely if the Summary Judgment was on the 30th, the day all Your other postings show?) Actually, Again, IF they Have significant Equity, a refinance, supplying the Clerk of Court with the Funds, EVEN THE DAY OF THE SALE, Prevents the sale. A MOTION for an extension of time to reschedule the sale would likely be acceptable and approved by the COURT, IF they have a LENDER who’s supplied an APPROVAL Letter and specific Date and Time their ReFinance can be CLOSED! I know folks who bail people out in circumstances such as theirs’, EXACTLY. It ain’t pretty, but it keeps them from losing their home and gives breathing room to consider options (like counter suit, funds for legal fees, etc.) Sitting on Your hands, Them Sitting on Theirs, only guarantees 1 outcome…a UHaul Truck in the driveway and soon (& ALL their equity going to their former seller)
CALL ME,
or better yet, have them call me.
-Michael
352.246.7483 up until 10pm.
Carmen Caparelli-Wintworth
February 14, 2017 at 5:38 PM
Hey Mick, I am at work at the moment. My email is wintworthllc at gmail (dot) com Feel free to shoot me a message. That goes for anyone who knows of an attorney or are an attorney that wants to take this on.
This is a case that would set precedents across the nation. No doubt about that.
I just wanted to wish ALL YALL a GREAT turkeyday <3,,, I lost my battle,but DIDNT loose myself,,,CHASE is the devil,& I hope ALL affected by this virus of a so-called bank finds STRENGTH,PEACE,<3 OF A BETTER DAY <3
Back Atcha Angel!
Actually me thinks it’s BoA, Chase, Citi, Duesche, (<–misspelling INTENDED, TYVM!), AND Wells Fargo who make up the big 5 "SATANS", that desperately need to be broken up, forever. They aren't a virus; they ARE a plague. 7 TRILLION Now in clouded titles in the USofA ALONE! God help all the owners when they go to sell and find out the NEED for all the "Special" Warranty Deeds they Bought in to (While Goldman Sachs funded all the TItle Insurance for the worthless deeds millions snatched up thinking they were getting gr8 deals…..thank GOD we now own a Never been SOILED by the UNCLEAN HANDS of MERS property. It shall stay that way until we and our children DIE, to boot. Black Clouds of a BAD Time are coming folks, hunker down, prepare for the worst and hope for the best….we're going to need a SERIES of miracles to make it through unscathed in the next 18 months as a Country. & Like Angel, I WISH EVERY READER A HAPPY THANKSGIVING, don't forget to give those thanks Yourself, to Your God, because it could always be worse. my 2cents (& no, You didn't have to overpay to get it!) -mick
You’re so right! Thank you for sharing such kindness especially after fighting so hard for what you know was criminal. It’s tough to pick ourselves back up and move forward, I know. My battle was for 7-years, trust in our judicial system spending every last dime of our savings. Extremely naive thinking our courts would no doubt find the lender guilty of illegal foreclosure and fraud, I was made a fool.
However, the wealth of knowledge I’ve gained through this battle shockingly has taught me a huge life lesson that many people go their lifetime never having to experience.
Many Blessings to you and your family! Happy Thanksgiving 🙂
Kelly,
IF You filed Your Lis Pendens at the same time You Filed a Lawsuit (Complaint)against Your former lender/servicer (or ‘pretender-lender’) rather than a motion for rehearing (or even With a Motion to the Previous Judgment) that has not yet been ruled on, for a Fraudclosure rather than Foreclosure, You’d better be prepared to fight it until You win. You haven’t ‘slandered’ title if the party that obtained it didn’t have lawful RIGHT TO IT.
IF the buyer at that foreclosure sale didn’t bother to check the court records, inside of those ‘courthouse steps’, prior their winning bid, it’s ‘caveat emptor’ (let the Buyer Beware) with ANY and EVERY FC Sale & Purchase. In addition, IF You can PROVE that You notified the ‘pretender lender’s Attorneys BEFORE that sale, You have zero things to worry about. THEY Clouded (read=Slandered) the title long in advance of You if for some reason they (can be proved after the fact to have) Foreclosed without standing or with other flaws in Their purported chain of title/ownership. I’m sure no lawyer, and this isn’t legal advice, but I can tell You we’re in nearly EXACTLY the same scenario, where we also filed an LP with a followup motion to vacate a void judgment, and we went 1 further….we served a copy of that motion, the 84 pages of attached addendum evidence, AND THE LIS PENDENS, On The Buyer. They, after committing 2 counts of Mortgage Fraud Before Service, Committed ANOTHER TWO Quickly “re-fi’ing” AFTER Service….and their Lender apparently didn’t do a Title Search? Oh Well, as Sophocles said nearly 2300 years ago: “Time Reveals Everything”. Good Luck on You and here’s Praying You & all family members old enough to do so are both registered and Voting for Trump today. A Criminal, for Thousands of Counts of violations for the Espionage Act, not to mention treating our military personnel like disposable diapers (both active duty AND Retired), and Knowing where she stands on the Whole Bill of Rights(starting w/Amendment 2) and the Next President getting a power play not seen since FDR(& he had 15+ YEARS as POTUS to get the ability) of APPOINTING 4(FOUR) SCOTUS JUDGES, possibly even 5(FIVE). It’s a staggering responsibility, and IF HRC’s granted that effort through election today, we, the fighters against fraud, are done. <-Period behind that for a reason. & If anyone out there thinks She'd do anything to Goldman-Sach's, & the rest of the plethora of Mega-Banks after Obama FUNDED their Buying out of all their competition (when both They And Their Former Competition Were Supposed to be Helping US in SOme FOrm or Fashion With that Financial Assistance) That WE the Taxpayers, provided…..well readers, not in Your grandchildren's lifetimes do we recover from a 9 Judge Liberal "Living Document" Left Wing SCOTUS deciding anything, much less Everything. Voting for HRC, is kissing the American Dream goodbye (Communists and Socialists don't approve of 'private property ownership' in case You didn't know?).
You only vote for him because you LIKE him,
and you only LIKE him, because you are…. LIKE HIM!
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Even Hitler had massive supporters. Didn’t make him right !
Mick
November 8, 2016 at 7:49 PM
By That line of THinking, Hillary Felon in Waiting Rodham & Shaftem Clinton Supporters are ONLY VOting for HRC because they’re Fellow FELONS in Waiting? Your Quote works exceptionally well when reversed, because WHO we vote for Speaks VOLUMES for WHO WE ARE. Criminals (Either Sexual Predator Husbands who Raped, and Sexually Assaulted all those around him EXCEPT his Wife, OR the Enabling, obviously Chiild and Woman/Victim Hating Attorney Wife of our Former POTUS, who’s running for POTUS, who made a Career of Destroying the Reputations of those victims OF HER HUSBAND), then hid and deleted 10’s of thousands of emails each in violation of FOIA (AFTER receiving Subpoena for preservation of same….imagine if YOU or Me did that? Hmmm?) Are You an Elite Millionaire, who’s given a pass with EVERY Lie You tell, Including those to cover the former, former, former (add 30+ yrs worth) LIE? Do YOU believe the US Constitution and BIll of RIghts should be Shredded? Do You HATE ‘common people’? IF SO? Well, then You DEFINITELY Need to be voting for HRC. No question about it. If not, well, then You still have some time and some choices. You get to determine what kind of Country Your grandchildren inherit, today.
We fought the eviction but had some corrupt county judges in Fort Worth. Judge Don Pierson. Also got a judge who is leaving office and not running again so she could careless about justice. I totally get what your saying about all your complaints to other departments. I have a 15 yr paper trail of mortgage fraud. You name it I got it!!
Working with some extreme cases to do group complaint and/or collaborate, share info. This site is first stab. Very basic, will probably do basic complaint for my own case and/or a couple of other CA cases. Goal to make it public and ongoing. A TX homeowner has been in touch and tells similar story. If want to participate or contact can leave info here http://www.getyourhomeback.bravesites.com/homeowner-status
That is my thoughts. After we got the very first evic notice I called him and let him know there was a Lis Pendens filed the morning of the sale. He said I’m getting my check back! 21st Mortgage aka GMAC. Mortgage would not return his money. Not new buyer has possession of property and put it in the market and is u set contract. He found out that he could not get financing wanted me to sign off. LOL!!! He said if I didn’t he would sue me for Slander of Title. I told him talk to me lawyer and my lawyer said I don’t think so buddy. We lost the TRO but hopefully we will this since he purchased property as is.
Interesting,so far no one is touching MY property, though unlawfully evicted. Still purportedly NON bank owned after 1 yr+. barely will be getting to file lis lendens. May be all my complaints with every agency, local offiicial had some effect
Hello,
What do all of you know about filing Lis Pendens before your fire closure sale. I filed one after I filed my law suit that morning. Let attorney know and the sale went through. Attorney did not inform new buyer. Filed another suit and a new Lis Pendens now buyer wants to sue me for slander of title since I won’t remove or cancel. What are your thoughts ? I’m in Texas.
ATTENTION READERS!!!! This site has been created for foreclosure fraud, which we are all aware of is the worst crime to ever be perpetrated in American History!!! However, we know there is enough corruption to go around but tThe ONLY way to rid it….
.VOTE OUT ALL THE CONGRESS AND SENATE…….JUDGES…..ATTORNEYS GENERALS…..GOVERNORS! It may take 4 years but this corruption is allowing the banks to steal our homes through fraudulent means!!!! Stop the insanity!!! Vote Clinton for these next 4 years cause Trumps now bought by the Pence corrupt backers, those pesty Koch Brothers!!! Don’t let them into more power, this is the closest they’ve been and all you’re hearing are lies to decieve! Give her 4 years, please, I know this will work!
Firstly, I am almost done reading ‘Chain of Title’, and wanted to say Kudos to Lisa E. and Mike R. for their life’s work here. Next a shout out to all the others here who are helping one another via this forum.
Now a few thoughts:
If you look back, most people voted for Trump in the primaries NOT because he had a flawless personality (far from it), but because he brought up issues that were (deliberately) suppressed for decades by the political establishment in DC. I still believe Obama and Hillary are good people at heart and want what is best for our country, but given their circumstances (receiving campaign contributions) they will not be able to go against Wall St which still controls much of our econo-political system. Recall Obama’s meeting with the 13 bankers at the White House where he caved in and let them keep the status quo? This is documented in Ron Suskind’s book – Confidence Men. And then you take a look at this public link about HRC’s top donors https://www.opensecrets.org/politicians/contrib.php?cid=N00000019&cycle=Career
and you can see why she cannot ‘rock the boat’ even if she wanted to. It’s a shame because had Hillary not had this baggage, I would have happily voted to make her the first woman POTUS. And as significant as that is, I realized that reforming our political system takes precedence over everything else.
So, yes, I am a life long democrat who is voting for Trump this time. There is always the chance that he too will cave in like Obama, but given what we know about Trump’s independence and fearlessness that seems less probable.
I respect and admire everyone here who is sticking to their own reasons for voting for their favorite candidate, nothing wrong with that. And let that not stop us from working together to ensure that Wall St, K-Street, and Main Street all play their proper roles in our society.
Be well.
This site, the Livinglies site, and Chain of Title have helped me educationally and emotionally during my 9 year battle to same my home. I will continue to support all of them.
But…I’m checking out for a while now that you have all turned this message board into a rambling mess of opinions.
It doesn’t matter who gets elected. It only matters that we work together with the common goal that we have had for the past decade.
Thank you Michael Redman, Neil Garfield, and David Dayen, for all that you do! I’ll be back in a couple of weeks!
Yep, guess Obama was the Republican president in 2008 when the banks were given the bail out. I suggest you vote for the racist, homophobic, sexist, child molester, rapist, adulterer, voyeur, misogynistic, tax cheater, liar, xenophobic Donald yourself. Keep your suggestion to yourself. Shaking my head.over your comments as well as the other person who implied that Obama is dumb because he has not stopped the hacking. It appears that there is a lack of basic information technology knowledge on this board. I must unsubscribe from this website. Thanks to the creators of this website but I think some people have veered off course.
Mick! I believe it has been widely announced on all media formats that Benghazi was closed as it came to light during the investigation that the Republican Congress was responsible for further expenditures…. Mrs. Clinton was cleared, case closed! However, you mentioned it as if you believe she is responsible after a 3 year investigation? If so, it’s pretty difficult to have an intelligent conversation with someone like you who believes what he believes and screw facts!! wow!
The Donald has made it VERY plain that Hillary and Bill do the Banksters bidding for them, and he is committed to putting the bank fraudsters behind bars, unlike Bill and Oback Barama who let the banks and courts get away with (financial) murder of we citizens which is what put the entire WORLD in financial chaos, where it remains.
MORE than THAT, Trump will straighten out the crooked judges that gift the Banksters YOUR properties even though they don’t have a penny invested in the mortgage…remember banks make THREE to FOUR times the profit of these stolen loans whose original investors were wiped out to conceal the evidence.
Any reader of this site who votes for Hillary is absolutely insane, and you’ll get what you deserve….TAKEN.
I say TRUMP THE ESTABLISHMENT…The Donald is running against the Establishment, folks, – he deserves ALL the support we can give him, starting with EACH OF OUR VOTES
Unfortunately you opened up a conversation expecting most to accept your statement as you wrote, portraying as you have the last and final word.
Agree, to disagree. Although I do agree with one comment you made 🙂 most of us are in real need and desparate for advice and knowledge pertaining to foreclosure since our government has failed us all. We should be coming togather helping one another more so since our voice has no sound and have been forgotten by our government who hopes the more we are ignored we will go away.
Remember…..the DEVIL has many faces and is getting rewarded by putting a wedge between us when in fact we need to come togather and strongly fight to be heard and recognized of the losses we have experienced!
I agree. We went the whole election season without much political rhetoric until now. Someone opened the can of worms and now wants to close the lid. . LOL!
————————————————————————————–
IMO,
The “divide and control” tactic is in full effect by the oligarchy. They continue to pit black against white, both against Hispanics, while we all have one thing in common. All us are HAVE NOTS living from paycheck to paycheck. Fighting to keep our measly homes, while most of them own 3 or 4.
Lisa, unfortunately we are too ignorant to come together and they know it. They make the Blacks seem scary and violent, the Hispanics deadbeat illegals, and poor whites the victims of both. Ahhh, what a brilliant plan, keep us fighting among ourselves while they continue to screw us. This scheme has worked for generations and still works today. They get richer while we fight over their leftover crumbs. Begging them for their predatory mortgages, car and student loans. All while hoping, believing that one day we will be them. The American dream! Just sad.
If we had any brains we would have stopped complaining and started raising money years ago to hire a lobbying firm to represent our interest in Washington. 8 million foreclosures/ donors! But nah, we are too consumed with building walls to keep out those who were here long before us, and reading hacked emails given to us by our enemy.
We can blame all the banks, judges and politicians we want, but when it really comes down to it, there is one main party responsible for our situation. US ! and this election proves it.
We the people… get the leadership we deserve.
Ok, I’m done…have a foreclosure to fight. Enjoy.
Hammertime
November 2, 2016 at 1:48 AM
You nailed it Walter. We could still be the front lines. We are all united in getting screwed from “inner city” to the “heartland” to all four corners of our country.
No matter who’s elected we need to demand justice. Some of us are going down the road of forming an association that’s going to take a common sense approach and not have anyone speak for us.
It’s just a handful of us and we’re fighting our own cases with whatever we have but we’re gonna give it a shot without any going back and forth or blame game distractions.
VOTE ALL….ALL of the current Congress and Senate and Judges OUT!!!!
We know it’s a web of deceit with the government working with the banks so VOTE THEM OUT!!!!! It could take 4 years as elections are staggered but some of us have been fighting much longer than 4 years!!! Every State!!! It’s a direction of hope cause “they’re winning!”
Enough is enough on this site for airing political views. There are desperate people out there who are looking at this site as a means of HOPE. Please don’t discourage them with all this political raging and ragging. Show some respect. And for God’s sake let’s all try to remember that the one thing that is still precious is the Freedom of Speech but you don’t need to bash another citizen just because they don’t have the same opinion as yours. Just please, you’ve all made your opinions public ~ now just leave it at that. On Nov. 8th you get to share that opinion and that’s a right that a vast majority of the world does not share.
I don’t really care for either candidate, but I’m leaning Hillary. So if any of you can tell me, SPECIFICALLY in detail, what Donald Trump plans to do to address the big banks, that will help us facing foreclosure I will vote for him. Will he help me save my home?
I don’t want to hear anything about Hillary. I know her plan. I just want to know how Trump will address the Banks and help me. If he has a good plan I will consider voting for him. Have no clue what he thinks about the banks since his plans are all secret. Maybe he’s already told one of you guys at a rally.
And how is that going to help you fight your foreclosure? Every administration was and is corrupt to some extent. Its the way a REPUBLIC / so called democracy is. You crying bout emails given to you by Russians? When the Candidate’s former campaign manager is a KGB affiliate? Wow…You don’t care about this country…you care about politics.
Just in-case you forgot…
Prescott Bush was an Opium exporter that almost ruined china. Criminal !
Reagan admin. illegally imported drugs, sold them in the US inner cities (causing the crack epidemic) then used the proceeds to buy military weapons for our enemy IRAN. That was called the IRAN CONTRA scandal which got 3 top ranking Reagan administration officials convicted and imprisoned ( OLIVER NORTH) and almost got Reagan impeached. HUMMMM? Did you forget this when you call Hillary a criminal ?
Yep, then he and Bush Sr. conveniently pardoned them for those crimes. WOW! So, do think Obama shouldn’t do the same for Hillary? Even if they somehow found something incriminating, the DOJ would still have to bring charges, which they won’t.
FACT: Donald J Trump is on Trial for RAPING a 13yr old girl, to which there is an EYEWITNESS! Yet, you are more concerned with Russian emails about Donna Brazil ? HUH?
Moreover, are emails about someone giving answers to debate questions and gossiping about who’s stupid and who’s smart, equivalent to the President selling arms to our enemies, or a candidate Raping a 13yr old?
Oh, and lets not forget Bill Clinton, or Nixion (Criminals) for which they were PUNISHED. Unless you have HILLARY on video with a hammer smashing verified court ordered documents you only have allegations. And what is it’s all dis-proven in the end? Then what? Convict first, trial later, that the American way!
Not that any of this matters anyway. Demographics, Demographics, Demographics !
My friend, this whole government is one big sham, and dumb-bo Trump wouldn’t know where to began to fix it. It will take a VIOLENT revolution to change this country (for good or maybe bad). Last one was the civil rights movement that almost ripped the country apart.
This time, China or Russia wouldn’t sit by and let it happen without their influence. Just like we try to influence Russian politics, they are trying to influence ours. Unfortunately we have a president to dumb to know how to stop it, and citizens to dump to recognize it.
There are CENTURIES of fixed legislation in place to keep those in power, in power. The oligarchy that runs this country has and always will be in control. They have the money, which now (thanks to the SC) controls our politics! We are the peasants my friend. When you understand the basics of capitalism you will see why is believe this.
Our politics are predicated on our ” capitalistic=Greedy” economic system. Economy first….politics second. Money makes this country great. Not politics, now that money also controls the politics so we are really screwed. This is why no one cares bout your foreclosed home. As long as it’s not hurting their money that pays your politician to keep letting them make more money, they could care less. Hurt their money and you get their attention. https://en.wikipedia.org/wiki/Bilderberg_Group
I’m not saying Hillary is perfect. She’s a crook too! I just chose not to support a 7 time bankrupt, con-man, rapist and sexual predator, who’s posing as a brilliant businessman ! You make your own choice. But you can’t piss on my leg and tell me it’s raining! I may have been born at night….but it wasn’t last night.
No SUCKER here! Again…Neither gives a rats=azz bout us.
You can’t connect the dots by skipping over 8 years of not only a catastrophic war but privatizing our military and everything else to Wall St. And Trump has no problems starting a war or siding with Russia. How many widows will we have then? It’s rigged because we have no good choice but the truth is coming out and w Sanders and Warren we have a chance to make things right not depending on Clinton or Trump.
Trevor,
I wish I had a nickel for every time I’d heard statements such as Yours above over the course of the last 10 years? While lame duck administrations don’t have much to lose,they DO have further employment opportunities and those are invariably either as lobbyists or ‘consultants”. Further invariably those Lobbyists and Consultants WORK FOR THE MEGABANKS. The game is Rigged when from the top down (including the AG herself) our system has become SO CORRUPT that the Chief Law Enforcement Officer of the United States Casts Appearances of Impropriety Over HER OFFICE (Loretta Lynch) by meeting for 39 minutes, secretively with the spouse (Bill Clinton) of a Party (Hillary Clinton) under US DOJ Investigation. Our system of “Justice” provides us with Judges (by Design) Who have pensions heavily vested in Bank Stocks, who are former attorneys, who worked for firms, that represented BANKS, or were attorneys, employed directly FOR the BANKS, and yet we are prohibited from finding out that information, and are Told, They Are Unbiased. We have the Best MegaBank JUSTICE, MegaBank Money Can Buy. Trevor, I can only speak for Florida, Yet Here, Res Judicata has been “Suspended” with Bartram flopping about on the dock like a mullet out of water for well over a YEAR now pending their decision. Bartram argues that words, in statutes actually MEAN WHAT THEY SAY (ergo, res judicata). Our SCOTUS can’t make up their minds if a Letter of Acceleration actually means what it says, and whether a statute of limitations (specifically FOR Mortgages) also means what it says.Their (Lack of an) Opinion has been upheld by the US 11th DCA so it’s FEDERAL Law for the time being as well. I hope You’re right; I believe based on the actions of our COURTS that You aren’t.
Thanks Mick but you are wasting your time in responses here. Far too many have eluded themselves and drank far too much of the koolaid doled out by the present and past administrations. Basically, you’re talking to a brick wall. When you look at the total corruption of our justice system who favors the bankstas and then tie the bankstas directly to those in the political arena there are those who just cannot connect the dots. You and I have the same thought process but unlikely that we share that amongst the greater population.
After loosing 2 homes to forged and fraudulent foreclosures in both California and Florida, after 7 long years of fighting, I came to understand that there are only 6 Banks in America and all others are connected to those 6 ! They are all part of the 6! Those 6 banks own your State senators and congress and attorneys generals and judges! It is the largest crime in American history and it will only change by voting every sitting officials out of office as well as the Judges!!! It’s as corrupt as could ever be! No jury for a foreclosure trial???? No court reporters during a foreclosure trial unless you bring one on your own…. and good luck finding one as the Banks millions of law firms have them stopped!! It’s unbelievable that I still read that millions of homeowners are still fighting the same way and that nothing has changed??? My heart bleeds for you all cause the rigged system is rapid and your only help is to believe me when I beg you to vote all of them out! It will take 4 years but that’s where we can help the millions that are behind us that haven’t a clue!
First let me say that neither of these Candidates will do anything to assist us! Neither give a rats azz bout our situations, but since you guys want to go there… here we go!
It’s astonishing how many women want to be ” Grabbed by their puzzy” and even more astonishing is how many mothers and fathers approve of their daughters, mothers, nieces, sisters and aunts being grabbed by their puzzy. When you approve of this RAPE CULTURE that Trump represents you will get more RAPES. So go buy your daughter a gun and tell her to be prepared. Cause Trump says it’s COOL.
Birds of a feather? His advisory team…. Newt, on his 3rd marriage, cheated on first two wives, and left his cancer stricken 2nd wife while she was in the hospital getting cancer treatments. Rudy, cheated on his first two wives and now cheating on his 3rd. Rodger Ailes, fired by Fox and pays 10 million to setting sexual harassment chargers. Oh, and Ole Don Juan Donald himself. Cheated, abused and raped first wife, then cheated on second wife, with now third wife, and admitted to sexually assaulting numerous women who have come forward accusing him of doing what he bragged about. Oh, but now they all are liars and he’s going to sue them. HOW STUPID CAN YOU BE!
Yes, Hillary is just an opportunistic politician who will do and say whatever to win an election. But she’s not a CRIMINAL and has never intentionally hurt people like Trump. Trump is a PROVEN vindictive, dangerous, bully that picks on the weak!
He is a racist, he can’t help it, it’s just the era he grew up in. He learned if from this father. I think his discrete racism is what “sub-consciously” appeals to white men. We are afraid of anything different from us. Afraid of losing our privileged to automatically earn more than a woman, or get a job before more qualified minorities. Why we mostly hire people that look like us. That’s who we grew up with and feel most comfortable around. Nothing intentional, just an inherent bias we we have and Trump represents.
Trump is a 70 yrs old, rich white guy, who’s father was a racist arrested at a KKK rally in NY. He taught his son everything he knew including racism and housing discrimination. Is he tolerant of others? Yea, maybe? But does he see them as equal humans! HELL NO! And that’s a problem for a president. Just to prove how “sub-consciously” racist we are….answer this. If Obama had did any of the things that Trump has done, would you support him as you do Trump. Answer honestly ! NO YOU WOULD NOT! WHY? Think hard ! SEE WHAT I MEAN?
IMO….Trump is a
Rapist
Racist
Sexist
THREE STRIKES!
Moreover he’s a dumb idiot that will get us all killed or have us speaking Russian because he thinks he already knows everything. If Hillary was running against anyone but Trump, I would vote for them. Just can’t support a Rapist, especially when they have no coherent policy solutions to offset their obvious character flaws.
Yet, I’m an American, and unlike Trump and his supporters, I WILL accept any decision my fellow Americans make. Even if its to destroy this Great nation and elect a greedy, serial sexual predator, and narcissist !
Tony,
650,000 emails.
650,000 Felony Violations of the Espionage Act.
Hillary Clinton is Guilty.
She’s going to be the 1st President in History who’s allowed to PARDON Herself!
We’re heading to Banana Republic territory.
Our Legal System has been Corrupted by Clintons since the 1990’s.
Allegations of guilt are simple.
Subpoena for preservation of records is received.
Deleting 33,000 emails begins THE FOLLOWING DAY.
Private Server, Illegal and DANGEROUS to protection of National Secrets
Lying to Congress, Each is a FELONY.
LYING TO THE FBI…Remember Martha Stewart?
& that was over a measly stock transfer.
God Help Us with an OPEN SOUTHERN BORDER and BRIDGE over the Rio Grande, Unconvicted Felon(s) in the White House, who’s primary agenda is to stack the Nations’ highest court and dismantle the Bill or Rights, STARTING w/the 2nd amendment, however if they get the 2nd, they’ll take all 10.Never thought I’d see this in my lifetime. I was wrong. Trump does stink; But he’s head & shoulders above a Corrupt Career Criminal who’s already guilty of at least 33,000 Felonies, more than likely 600,000+. That boggles the mind, and yet there they are, on Anthony (the Sexter to minors in front of his own baby) Weiner’s computer. He’s creepier than creepy, yet Huma & Hillary had no problem w/Even HIS Conduct until Caught Red Handed? You’d advocate for our own Female Caligula? Your argument terrifies every sane Constitution Clenching American Patriot.
What gets lost amidst all the outrageous things Donald Trump says is his record of criminal activity and alleged criminal activity. It is as if the media and public assume that Trump cannot be both an outrageous buffoon and a criminal. Here is a summary of the most notable allegations against Donald Trump, conveniently all in one place.
-Trump and his father were sued by the federal government for housing discrimination in the 1970’s for refusing to rent to blacks after an uncover investigation. They lost, signed a consent decree, and were forced to desegregate their properties, which they later violated.
-He is being charged with fraud in connection with Trump University. Eric Schneiderman, the Attorney General of New York, who is prosecuting Trump, told CNN, “If you look at the facts of this case, this shows someone who was absolutely shameless in his willingness to lie to people, to say whatever it took to induce them into his phony seminars. Telling people who are in hard economic times — we’re talking about 2008, 2009 — people desperate to hold onto their homes, to make some money, convincing them that he will teach them his entrepreneurial secrets.”
– Trump Tower was built using undocumented Polish laborers to demolish the building that previously stood on the site. At trial, the workers testified they worked without basic safety equipment like hardhats and gloves and they were supposed to earn $5 an hour from Trump’s low-bid contractor. But court documents show that for weeks, they were paid nothing. An NBC News story in which numerous witnesses were interviewed showed that Trump knew about the undocumented, unpaid workers. Yet under oath, Trump testified that he knew nothing, thus adding perjury allegations to the labor law violations.
-Trump is alleged to have violated immigration laws in hiring foreign models for Trump Model Management. These models worked illegally, and he failed to pay them fairly. Two of the former Trump models said Trump’s agency encouraged them to deceive customs officials about why they were visiting the United States and told them to lie on customs forms about where they intended to live. “It’s like modern-day slavery,” one model told Mother Jones. Senator Barbara Boxer has called for the Department of Homeland Security to investigate Trump for human trafficking in relation to Trump Model Management.
– Trump’s charitable foundation appears to have repeatedly broken IRS rules, according to the Washington Post. In five cases, the Trump Foundation told the IRS that it had given a gift to a charity whose leaders told The Post that they had never received it. In two other cases, companies listed as donors to the Trump Foundation told The Post that those listings were incorrect.
-His charitable foundation violated tax laws by giving a $25,000 political contribution to a campaign group connected to Florida’s attorney general, Pam Bondi, in 2013. As a registered nonprofit, the Trump Foundation was not allowed to make political donations. He paid a $2,500 fine.
-Trump is accused of bribing the Attorney General of Florida, Pam Bondi to drop her investigation of Trump University. She successfully solicited a donation from him before the fraud case, and afterward, he held a fundraiser for her at his Mar-a-Lago resort in Palm Beach.
-In 2007 and in 2012, Trump and his wife bought two gifts for themselves at charity events for his foundation, totaling $32,000, breaking IRS rules. One gift was a $20,000 painting of himself.
-A deposition describes him raping his first wife Ivana, pulling out fistfuls of her hair in a fit of rage, stripping off her clothes, then penetrating her forcefully without her consent, after which she hid in a locked room and cried all night, as revealed in the 1993 book Lost Tycoon: The Many Lives of Donald J. Trump, and described in a Daily Beast article. The divorce was granted on grounds of Donald’s “cruel and inhuman treatment” of Ivana.
-He is currently being charged with child rape in a case for which there is an eyewitness and credible information to support the claim. The woman filing suit in April 2016 claims that as a 13-year-old in 1994, she was enticed to attend parties with the promise of money and modeling jobs at the home of Jeffrey Epstein, a Level 3 registered sex offender (the most dangerous kind), after Epstein was convicted of misconduct with another underage girl.
The woman alleges Trump initiated sexual contact with her on four separate occasions, with the fourth being a “savage sexual attack” in which he tied her to a bed and forcibly raped her while she pleaded with him to stop. He threatened that she and her family would be “physically harmed if not killed” if she ever revealed what was done. The eyewitness, Epstein’s party planner wrote, “I am coming forward to swear to the truthfulness of the physical and sexual abuse that I personally witnessed of minor females at the hands of Mr. Trump and Mr. Epstein . . . I swear to these facts under the penalty for perjury even though I fully understand that the life of myself and my family is now in grave danger.” Trump told a reporter a few years ago: “I’ve known Jeff for 15 years. Terrific guy. He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side . . .”
In sum, this history and these allegations alone would disqualify someone from a job as a camp counselor, bank teller, or any position of trust. Imagine what Human Resources would say to this record. Perhaps Trump could get a job pumping gas. But President of the United States? I don’t think so. Many have served prison time for doing a lot less.
it’s ironic that all of these allegations start off with ‘allegedly’? Wouldn’t that mean….NOT A SYLLABLE of it’s been proven yet? Unlike Hillary’s dead bodies of evidence that seem to be pooping up everywhere like a flooded graveyard. I, myself have for many years….actually my whole adult life, paid as LITTLE Federal Income (or any other) TAXES as I could legally get away with. I have not filed Corporate BK, but if it fit the situation, and was recommended by financial advisors and attorneys, certainly would have to protect my personal and family wealth and name. Women? Men? Those drawn to wealth and power are like moths to a flame….like groupies to rock stars; when rejected (often, not always) re-frame history in their own minds and after reciting same enough, actually believe the lie (on Both Sides of that interpersonal relationship). Nobody’s perfect, yet corrupt to the cells in one’s marrow, a radical socialist who wants to (continue to) transform America from a Representative Republic, with Democratic Principles, Governed by the Rule of Law scares the sane of us out here, to death. We supported Bernie, We may have even supported Cruz, Jindel or Other Conservatives who planned on breaking the system in their own ways (Cruz advocated dissolution of the IRS, DOE EPA and ripping apart of the regulatory state, Bernie would have broken up our nemesis, the MegaBanks), however Hillary’s in their Pockets, and seeks only to enrich herself, family and supporters while the rest of us are relieved of whatever wealth we have left, and utterly destroyed under the boot of tyrannical gov.org, run by our first criminally corrupt POTUS who even Al Capone could have taken lessons from. From Donna Brazille to Debbie Wassermann Schultz, to now even Bernie….the game has been rigged from the outset, for at least 1 party. God Help us All, and Trump’s no savior; I’m the 1st to say it. YET he has a glow behind his head like an ANGEL compared to HRC.
You seem to have forgotten that Donald J. Trump is headed to “criminal court” for his “criminal fraud case” on his Trump University scam which is far, FAR, worse than anything Mrs. Clinton has been falsely accused of!!!!
Plus, let’s not forget how he boasts he’ll make America Great Again yet fails to bring his thousands of outsourced jobs back to America, continues to buy all his hotel sheets, pillows and furnishings from China as well as Chinese steel for his buildings rather American!!!!!
Only blind American would vote for a real criminal as opposed to Mrs. Clinton who has been under attack for 30 years but all proved to be false allegations!!!!! Don’t be fooled, Vote Blue across the board, that’s where the corruption is located!!!!!
I haven’t forgotten. Really you think what Donald has done is far more worse than that of the security of this country with her personal server and classified information? My opinion is what it is and I have the right to have one. You have yours. Whatever is the outcome on Nov. 8th we all have to live with the results.
Hammertime
October 31, 2016 at 4:30 PM
Pure deception like the banks have done to make us out to be deadbeats. How can people be focused on emails where nothing in terms of a national security threat or crime has been tied to Hillary while the Russians are hacking US to help Trump? How is working with an enemy government not a security threat? It’s treason!
How many American Warriors did Trump ALLOW TO DIE in Benghazi?
How many American Warriors FAMILY MEMBERS did Trump LIE to about a VIDEO Causing that Assault on the Benghazi CIA Compound?
How many Pakistani’s did Trump LIE TO in Commercials that Aired All Over Pakistan for Weeks After that Benghazi Slaughter of our American Warriors?
Did Trump have Susan Rice go on FIVE (Count ’em FIVE) Sunday Morning News Shows and Recite that it was a “VIDEO” that caused the Death of our Wariors (while they SAVED 39 others through their efforts, while at least in the backs of their minds, knowing there might be a chance they didn’t survive the rescue mission their Secretary of State had ordered them to stand down from executing)?
Is only BLIND America seeing what REALLY HAPPENED there?
Is only BLIND America smart enough to see that it was HER Policies that now have millions of refugees wandering the middle east, europe and even here, along with the entire region a total ‘cluster’?
If so, color me blind, as re-writing history is left to the victors, and Hillary Clinton is a murderer sure as I type this.
Semper Fi,
-Mick
I’m going to try not to be too political on this thread, but for Hammertime, I’d rather have a shrewd businessman on my team than a down right criminal! And remember, this businessman is NOT the one under a FBI investigation, which BTW if you’ve not heard, is now re-opened. Criminal VS Businessman……? Not much of a choice there. And on the flip side, with all of her power she’s had why have we not moved any closer to an accountability for these banks, CEO’s, crooked Judges that has destroyed the whole theory of The American Dream? I can tell you why. They are all in the pocket of Hillary, tied to her foundation and she’s not going to rock her boat not for you, not for me, not for any American citizen.
Unfortunately, I only see 2 recent comments regarding politics and seemed light hearted from a reader’s perspective. Although your comment is somewhat aggressive, degrading and disappointing that you could make a judgment call from hearsay from what’s reported on a News station. Especially to folks such as ourselves that have experienced such criminal actions by fictitious entities claiming to own many of our homes. Such as Trump who publically admitted to taking advantage of our unfortunate situations buying up Real Estate. Last I heard Clinton is NOT a proven criminal yet and the FBI agent that requested the investigation to be re-opened is a known republican who supports Trump. The way I see it Trump is for Trump and been able to dishonestly utilize every tax loophole possible including filing bankruptcy several times, having a significant impact on those of us that are barely able to support a family and he again refers to this as smart business. Trump has NO integrity and the only boat he is going to rock is that little button to set off a nuclear war. I do agree we don’t have much of a choice however, I still have some life to live.
Please don’t take this wrong cause we live in America that’s the great thing. It’s okay, really, to have a conversation and agree to disagree. But commenting as if you have the last word in whos right and whos wrong, especially from someone such as yourself with a large presence on this board was somewhat disturbing. Ms. Swann you made the soapbox, we can’t all be like Trump and be set off by small triggers. Now I’m exiting the soapbox. and again please no I mean this in all good intent, just different perspective.
Mick
November 1, 2016 at 9:17 AM
HRC will dismantle what’s left of our Bill of Rights, Constitution and Bill of Rights. She’s advocated for same since college. Why would she have a change of heart at 70? 650 THOUSAND Emails? Child Sexual Predators “Sexting” 15yo’s in front of their OWN child? A woman who made a CAREER out of destroying (further) the VICTIMS of Her Husbands’ Sexual Advances and Rapes? A Secretary of State who SOLD Favor and US Foreign Policy to the Highest (Foreign) Bidder? The Democratic Party Needs to LOOK in the MIRROR for Blame, as TWO of it’s Heads (both Debbie Wasserman-Schultz AND Donna Brazille) have been CAUGHT LYING and FIXING the party nominating process so that for the First Time in HISTORY, an UnIndicted CRIMINAL, under FBI CRIMINAL INVESTIGATION (THREE, not just 1….1 for Server and Emails, 1 for “Quid Pro Quo/Pay to Play, BUYING the favor of the SECRETARY OF STATE and US Department of State Favors for Foreign Policy, and Finally, Misappropriation of Funds via a “Charitable Foundation for Personal enrichment”….ALL AT THE SAME TIME?!?!?) Jeez; I step down from the soap box only pointing out that the Clintons have lived beyond the Rules since the Whitewater Land development Scandal in Arkansas, making $!115,000. on a $1000. investment in the cattle futures market (dozens of experts said that was ‘impossible’ for an ‘amateur’? ) to Vince Foster’s Death (former Clinton Attorney & WH Attorney who somehow levitated himself all the way across Fort Marcie Park getting not the first trace of DNA from the Park on his Shoes before Sticking a pistol in his mouth? YES, the LIST IS Long and could melt the servers for this website (just imagine, 650 THOUSAND emails that weren’t proffered when subpoenaed?) The stack of bodies and evidence around HRC has been piling up like cordwood all the way back to her self appointed position of bimbo-eruption suppression co-ordinator where she headed up the destruction of ANY person willing to even utter what had happened when her husband had assaulted another victim, going all the way back to being AG of Arkansas? Unproven Allegations? No, the coverup is always worse than the crime and we’re dealing with a serial socio-pathic egomaniacal, paranoid power freak. Everyone IGNORES the fact that a ‘private Server” was illegal and exceptional steps were followed to pursue ‘plausible deniability’. That plausible Deniability is founded on one hand, that mens rea (intent) was absent, and that HRC was IGNORANT of the technical aspects of violating the Espionage Act, classification and handling/preservation/protection of classified documents and ALL Government EMAILS. So HOW can the “Smartest, Most Qualified Person for the Office”….simultaneously be so STUPID/Ignorant of the LAW (as a LAWYER to boot?)? It’s simple….the plausible deniability goes out the window, the corruption is in FRONT OF YOUR FACE, and Debbie Wasserman-Schultz after having to step down from the DNC joins the HRC CAMPAIGN! Guessing that’s where Donna Brazille is headed next too? KEEPING a Den of CORRUPTION in the white house only guarantees more (and More and MORE) of the same. NO ONE has ANY FAITH in our JUSTICE System, right here, on THIS BOARD. DO You expect THAT to Improve by voting in MORE OF THE SAME?
If so, why?
I’m really trying to get my head around Your thought processes?
I would start by researching every name on your assignments from the time you bought your house. Make sure they have the original note and that they own it
Yeah the first one we fought for 8 years and now they picked a different default date different than the first suit. I have a sign in sheet that shows how many times they broke into my house The last time they left unsecured and my house was vandalized
Wow a second foreclosure action on the same property? I am currently at the writ of possession phase however I had a robbery from the third party when my neighbors asked who they were they said we are from the bank.
Anyone knows any case law that responds to non disclosure of a forged document to obtain a signed note. We were negotiating what it would take to get a new note signed in the negotiation they did not disclosed the forged notice of cancellation.
What is the best and most cost efficient way to subpoena two robosigners for deposition, from another state? They work for same company, and should be in same office.
There is some serious fraud with how SLS (Specialized Loan Servicing) is handling my moms mortgage. Does anyone know of a lawyer in Southern California/LA County that has knowledge about the multiple law suits with this company SLS. If so please contact me at ocbeautygirl@gmail.com
Angel,
We feel ya, been there, done that, going on 9 years now.
WF is Citi Is Deusche, Is JPMChase is BoA is….
they’re all scum and we’ll never do a dimes’ worth of biz w/ANY of them ever again.
We bank w/a credit union now, have a private mortgage (on a never MERS involved property),
and in our case WF sold away their standing (ADMITTING FRAUD in the Answer Brief to Appeal), almost 60 days b4 FSJ here in FL. The Court didn’t CARE. Who cares about ‘standing’? That’s a silly notion of the past that purported to give non-theives, an appropriate venue in the courts for recuperation of losses. Now our courts are a farcical semblance of their former selves, mere TOOLS of the greedy thieves who at no point will be satisfied until the LAST DROP of blood has been sicked from the former financial giant called the USofA, including both You and Me.
Good Luck with Your Appeal (and Plan on losing THERE too, because only will You enjoy the victory, IF You were Expecting the likely Kangaroo Court You’ll most likely wind up with).
Sincerely,
-Mick
I lost:(… they stepped up with a forged COPY of note only,,,,my evidence meant NOTHING,I have 30days & my home will be sold…..TRUTH,HONESTY,PROOF got me no-were…DEVESTATED:(
I’m filing an appeal…..this is BULLSHIT..NOT MY LENDER,NEVER HAS BEEN,JP MORGAN CHASE ARE CROOKS…,,WERE ARE THE GOV,OFFICIALS TO STOP THIS CRAP….I HATE,HATE,HATE CHASE……!!!!!!!!!!!!
As Defendants begin to win more of these fraudulent foreclosure cases, will Personal Injury Lawyers begin to sue for pain and suffering for Defendants? Contingency Fee represention would be affordable for us to pursue the banks for pain and suffering and for destroying our families.
I would like to hear more about defendants winning foreclosure cases, and the possibility of personal injury lawyers to begin to sue banks for pain and suffering?, on Contingency fee representation basis, and aggressively pursue the banks for fraudulent foreclosures
Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid. John 14:27, NIV
Dear Father in heaven, we thank you for holding open the way into our hearts and for bringing us the peace of Jesus Christ. Help us to keep this way open. Grant us peace in this tempest-torn world. Grant us peace when many struggles and uncertainties try to occupy our hearts. We have no strength in ourselves, only in him who is standing at our side and who will never forsake us, who lives and gives strength. His light will always break in anew among us. His light will shine on many people and lead them to the promised day, the day that will bring all our hopes to fulfillment. Amen.
“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their Fathers conquered.” – Thomas Jefferson
“For the word of the LORD is right; and all his works are done in truth.” – Psalm 33:4
You are exactly right. I think we all should make a copy of a 100 dollar bill and say well I made this copy of it but now I’ve lost it but here’s a copy for me to spend. That’s exactly what they are doing. The layer for Chase kept reporting to the court that they could produce it at anytime but never did. Now at my deposition their attorney tried to introduce a copy of it and my attorney objected. Fun thing at the end he asked was I prepared to pay this in full today. So asked him how much was it He fumbled through his paperwork and said I don’t know. My response was then I can’t answer that question. He looke puzzled. I’m thinking to myself well if it’s a dollar yes Lol !
Wow this is so informative, I just received a 60 day extension to stay in my house with no further continuanc ES. I’ll leave but I am learning more and more here in PA
If the “bank” can use copies of your promissory note and mortgage/deed of trust to steal your home, then the homeowner should be allowed to copy $100 FRNs and pay off the loan. We all know who would be arrested. In most foreclosure cases, the bank never submits the original loan instruments into court, because they do not possess them. There is a good chance that the bank has already been paid either by an insurance claim or the selling of the mortgage into the secondary market. If this is true, then it is the lawyer that has purchased your private information (illegal) and is trying to steal your home. About 5 years ago, we tried to get a Bill through the state legislature that would require the banks to produce the original instruments before proceeding with foreclosure. As you can imagine, the banks sent their lobbyists out in droves. At one of the hearings, I heard a lawyer/lobbyist tell the judiciary committee that the reason that the banks were against the Bill was because it would be too expensive for them to produce the original instruments, because most of the original instruments were held in a vault in New York. (I understood this to mean The Federal Reserve) Since a mortgage/deed of trust is a security, making a copy of a security (counterfeit security) and trying to exchange it for property of value is a Class B Felony. See Title 18 USC 474 I went to the court a few months ago and got certified copies of my promissory note and mortgage from the court file. (It is illegal to give a certified copy of a security) What I got proves beyond any doubt that the court used a counterfeit security to grant a foreclosure judgment. So who is guilty of counterfeiting? The credit union’s lawyer? The court clerk? The judge? Or all of the above? We have contacted several Secret Service offices around the country, so far all of the Agents spoken to agree that this is a major counterfeiting scam. So have some fun and call as many Secret Service offices as you can. See also Title 18 USC 472,473,474,474A,475,492,493,494 Another thing to consider is credit default swaps. Have you seen the movie “The Big Short”? My loan(s) coincide exactly with the movie. The person that started the action against me, has a classmate that is a VP of Goldman Sachs in San Francisco, right where the movie takes place. At 30 to 1 odds, he could have made $7 million. Do you think that is enough incentive to steal both my business and my home?
A foreclosure fraud group here in Santa Barbara created a way to make a tender offer to the bank. In my case, I thus forced them to produce for examination what the bank claimed was the original promissory note and DoT. The bank’s lawyers had no idea who I was bringing to examine the docs for authenticity. The docs were pretty good forgeries, but my expert took three hours for the exam with hi-tech equipment, and their docs were found to be obvious forgeries. The bank and their lawyers knew it and never asked for the tender. Interestingly the only law enforcement agency that would take on an investigation was the Secret Service.
Our politicians should have to read these blogs everyday as part of representing their constituents. I know how you feeling Angel. On any given day, i feel that way myself but please don’t give up. That’s what they’re counting on I never want to give the bansters anything else, ever again. We’ve already given to them, now it’s our turn.
I won’t ever give in to this 🙂 I get knocked down but always get back up,,,I would never harm myself but I sure do know the ”lost’, feeling ,frustration is an understatement,,,I have 100% disproved all chases claims,now they’ve created a new default date,,NOT the bogus default date that started this &landed me in foreclosure…would say how is this legal? But its the banks,NOTHING THEY’VE DONE IS LEGAL,so I fight on:-)
Then Jesus said to them again, “Most assuredly, I say to you, I am the door of the sheep. All who ever came before Me are thieves and robbers, but the sheep did not hear them. I am the door. If anyone enters by Me, he will be saved, and will go in and out and find pasture. The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly.”
John 10:7-10
I’m trying so hard to remain positive,I’m fighting the worst EVIL entity..scum bag lying law firms,& no matter the proof of all the deceptive actions,forgery,altered EVERYTHING…I’m coming out as loosing….I see why people blow their brains out….I wish all y’all peace..:(
Thank you Ben! I am sure I will get attorney fees. I was excited years ago with BofA vs Nash, where she got done, but it appears that it was overturned on appeal.
I was hoping that when the case is dismissed with prejudice, I could get attorney fees and then go for damages for the pain and suffering of 8 years of hell for my family with the fraudulent foreclosure. Numerous of big banks and foreclosure mills involved in this crime.
Imo as long as their seal is on the doc. I would think it would be fine but i would also think any doc that is notarized by same should be consistent in the way they sign
Well good luck getting heard under 1.54 fl statute. I went back to broward county courts after all the fraudulent docs and errors albertelli made on my foreclosure. Watch out. I filed wellwithin my year to file and albertelli stalled me saying they did not have my file on court day and got it continued until after the 1.54 no longer applied. Scumbags. I figure all their incompetence is still in court file and i am praying for the day i can go back and sue the hell out of that crooked law firm.
Dave,
Do You have a rule, or case law in support of fraudulent documents inveigling[sp?] the Court negating the SOL? Wouldn’t that also fall under Fl.R.Civ.P 1.540(b)1 thru 4?
hi kent many of us are fighting that long. we are going on 8 years. very sad to watch your house being stolen. i have some usefull info i just found please email me at sssssssister@yahoo.com. not sure why i didn’t think of it at first. about the SOL. a lawyer told me that the SOL starts when you make your last payment and they have 5 years from then to start a lawsuit the rest i am not sure who is right……….if they start a law suit and it is dismissed the sol goes back to the original date but if they start another lawsuit it starts the sol all over again????? that crazy.
I tried to email you and the address doesn’t work so here’s mine kenelad@aol.com. The argument in front of the Supreme Court is that every missed payment restarts the clock but it can’t. Once the loan is accelerated with no dea celebration clause in the mortgage the sol remains in place. Well that’s at least the argument
I had a foreclosure back in 2011. Does anyone know how to request a review to confirm it was processed legally? I would like to know if there is a way to remove the foreclosure from my credit.
I live in Pennsylvania and I have had several lawyers but no one actually helped also had a housing counselor in the beginning now have to leave in less than 21 days. I tried to stop from being put out but now nowhere to turn. Does anyone know any solutions or advice thanks.
its not that its void. i am not a lawyer and not giving advice but foreclosure defense lawyers and pro se use that fact as an affirmative defense to dismiss the case. most cases are dismissed wtihout prejidice which means they can refile (in florida they can refile for 35 years how nice) so it is not necessarily void but the assignment has to be filed prior to filing suit. please defend. if we do not defend and walk away they lose. if we fight the foreclosure machine we can win. great book http://www.fightingtheforeclosuremachine.com/ftfm-estore.php
Oh, I am defending! For the past 8 years… All the BIG BANKS are involved. A couple of Fraud closer Mills and infamous thieving Law Firms. It will be a joy to name names in the end, as they have ruined our lives ON PURPOSE!
Thank you to everyone at 4ClosureFraud, LivingLies, and Chain of Title, I have a PhD in foreclosure fraud!
Krys
July 25, 2016 at 1:10 PM
I live in Pennsylvania and had two lawyers no one actually helped now have days to leave. Do you have any advice? Thanks
Kent
July 29, 2016 at 5:14 PM
I also read the book My case was dismissed last year and we haven’t heard anything since. I guess everyone is waiting on the Supreme Court ruling on the 5 year statue of limitations I was just on an attorney blog with live chat and asked about damages and the response was they would need a 50,000.00 retainer. I just about fell over. So if uses when the time comes I will fight them myself since now my wife and I both are on disability. I forgot to mention a year ago in February she tried to commit suicide
1-The Assignment isn’t ‘void’, merely void’able’.
2-When You say the assignment is DATED 11 mos. later, is that the DATE of the Transfer, noted IN the Assignment, or the date recorded, ON the assignment (as noted by clerk of court)?
3-As a dual FC Survivor (1 lasted 8 yrs, current entering 7th), I salute Your fortitude, and will tell You, HOW they look at Your AOM depends ENTIRELY on WHERE You are. in D.O.T. states, they tend to blow it off as the DEED trumps everything else. In Florida and most other mortgage/lien theory states, You MUST:
A-Challenge the Assignment during discovery/hearing/trial(& Have plenty of case law)
B-File Motion to Dismiss for lack of standing (whether the document transfers the mortgage to the Plaintiff on a date BEFORE or AFTER the initial Filing, based on the RECORDING Date) & just know…about 80% of the trial judges in Florida will STILL Rule against You, even when Your evidence of a ‘faulty’ assignment is overwhelming.
Remember, the system is RIGGED. You ARE going to lose, so the best to hope for is preservation of objections, issues and evidence for APPEAL.
See (at least in Florida), even in the Courts of Appeal, the odds are dramatically stacked against the pro se defendant/appellant. The RULES alone are entire semesters in law school for the JD’s. Also, MOST if not ALL of the Judges, in (Circuit/District/Supreme) All Courts, are nominated. The NOMINATING Committees are weighted (Dramatically) with BANK/Plaintiff Firm JD’s who are Picking their Future Judges. The Current (& Thereby Future) Judges keeping the benches warm in Fl. as an example are more than 78% FORMER BANK/Plaintiff FIRM Counselors….which means 78% of the time You Are DOOMED, before walking in the room. They absolutely WILL NOT rule against their former employer firms or their clients…ain’t gonna happen. When using an attorney (as a rule, $5-$10k) for Appellate work, Your odds double in Your favor for prevailing….up from less than 4% to just a hair under 8%. The other 92-96% get ‘PCA’ed” (per curium affirmed, where they tell You, You screwed Your own pooch, and we’re not even going to tell You how, or why…there IS No Opinion,and You have nothing left to challenge).
Govern Yourself Accordingly, and realize that 80% of the time, preservation of error, regarding that bogus assignment, Still won’t get overturned, even at the district courts of appeal. Like I said….the game is rigged. They can’t be happy winning 90% of the time….it Must be as close to 100% as possible, at any cost.
Ask anyone who knows about law and the court system in Miami Florida and they will tell you that our brand of judges and their judgment is unique. Far beyond that of any city or state in the union. Here is a minor overview:
1. Judges here are well known and involved in taking money for results. Some doing it for more than 30 years later.
2. To ascend you must be discrete in these dealings while willing to openly destroy anyone that dares stand against giant law firms like Carlton Fields and Greenberg Traurig.
3. Giant corporations are always able to get away with anything they want and demand.
4. Vindictive retaliatory plots here are at play at all times and the victims have the doors to justice shut in there face.
Let me give you an example, mine:
1. Grandson of a former judge and son of a former developer who also became a developer I was anti corruption. A novel idea for a boy raised in some level of comfort. Illusory comfort. When I grew up I realized our finances where like a deck of dominos about to collapse and my daddy had to pay everyone off even when he could not afford it, in order to survive while indebting himself.
2. I stood against bribing bankers, building inspectors, commissioners (one is now the clerk of the court and has been for about 25 years, wow the voters love him? or the ballot is rigged?), mayors and judges. Our State Attorney does not presecute these persons or even answer our calls to do it. Her father was my dad’s business partner and owned a key on the way to key largo. I had a lot of respect for this lady until I realize she wants nothing to do with my cases which call for prosecuting white collar crimes of politicians, lawyers and giant corporations. Funny, she continues to be reelected and has been in office for about 25 years. My reputation of anit corruption spread cutting my business life short.
3. As an example of two disputes I have fought:
a. My home was burned to the ground when I decided to ask for permission to occupy it with elderly residents in a non ambulatory environment. Just homes for the aged. Just like one neighbor rented rooms, another had 12 family members etc., I wanted to be allowed to have a nice environment for the elderly which I felt a passion to care for. All I wanted was to allow them to live there instead of just regular families which the city allowed 6 homes for. The young gay man standing up to the powers at be looking for votes was met with opposition that was unintelligent uneducated and for the most part did not know what I intended to do. I was even physically attacked by one lady and could not defend myself against her as she was a lady and that would not be tolerated in our Cuban neighborhood. I was defeated when the fire struck and the city actually connived and contrived with insurance investigators to scare me and shut this down thru delays. The insurance company was AIG division called Lexington Insurance. The most dishonest property insurance company I have ever heard of. Officer Lake of the police in charge of the investigation would not do anything inappropriate and so he had to retire. He was scandalized by what years later he confided in me he was told to do by the insurance company working with non police city officials. But when I called to report their misconduct he did not answer my calls. Eventually in court a great judge left the case without stating a reason. A insane judge who was later discovered to be on Lithium and Prozac took over the matter and dismissed the case. I was warned she was the one assigned to destroy the cases thru an order no one would dare put their signature on. Since she was crazy the judiciary would assign cases to her and she would be told what to do. On day one without an attorney there as no one wanted to stay on the case with her present, she warned me that she could not only dismiss and enter an attorneys fee sanction but she could do many other things if I did not accept the settlement offer made to “get rid of you”. Weeks later she dismissed the case. She was the perfect patsy. She was crazy. My former partner, a doctor told me she would not live long given the medications she admitted taking during a law suit by a lady involved in a divorce. She always sought to help the husbands and took it out on the ladies and earned a reputation for this that landed her in the news papers many times. This judge died years after dismissing my case while in her 60’s. Before she passed she did the perennial trick done in Miami, stopping you from going before the jury ever thru a motion to dismiss the judges grant. How was the perfect judge meant to help them put on the case? The clerk says we have a random system that randomly assigns judges. That is not true. I have witnessed first hand clerks in putting the case number again and again each time getting a different judge and stopping once they got the judge they wanted. I appealed but the court of appeals did nothing. Even after I discovered perjury and a bribe paid to a witness, they did nothing. Then they claimed I should have raised this during the prior hearing. How could I if I did not know of it and this is basic law. Fraud discovered later requires they restart everything. In Miami and in Florida in general you only have one appeal and that is it. I level. I was stuck. In defense of these judges, audio recording made by a PI I hired show that these judges are never at work. They drive in about 3 days a week for a few short hours yet get paid for 40 hours of work. Shortly after my case was over my career came to a close and I ended up in bankruptcy and lost everything. Once an honor student, with a masters in finance at 20 and 300 homes by 23 I ended up with heart disease and working as a sex worker. Something that I fear is to embarrassing to talk about.
b. While that case was going on my bank on my new home I was forced to get a loan to buy decided I had not paid my mortgage and filed for foreclosure. I was not in default. I had made my payments and they kept loosing them so finally I sent them via DHL, stuffed in by a Notary Public who attested to this and where made via bank cashier’s checks. An amount equal to 6 months worth of payments. But they still claimed they did not receive the payments. I was lucky to find one attorney who frustrated was retiring into being an ethics teacher and would help me. But he only appeared twice in court. He did yell and scream at the bank lawyers threatening to report them to the bar they admitted receiving the money but then said the checks where without funds. The bank which issued the checks responded that the money was set aside for these as they do with all cashiers checks and the checks can be deposited. The lawyer, a typical Miami lawyer except for his great service at two hearings, continued with his teaching career while dealing crystal meth to the gay community is South Beach. Trial came 5 years later and days before the checks where mailed to me which I cashed. Proving the checks where good. At trial the judge ignored this. In fact he started by asking who the lead attorney was, the famous well connected Marshal Watson, who has since lost his license and gotten into a lot of trouble for fraud that ran all over the new wave of foreclosures in 2008- . When Watson identified himself the judge told him on the record that had Watson not thought he was such a big man and had returned his calls he would have shown him how he could have taken this house in a few weeks instead of a few years. Not only is this one on one communication without me present illegal but it also signaled I would loose the case. I had to file bankruptcy to stop it during a lunch break. In the other court system, Federal Bankruptcy Court, still unjaded as they are now, I got a solution, made some payments and got my home paid thru a sale to another person. I had no choice and no longer wanted to be a target.
But now years later, after a hurricane and sale of the home to a bank insider at BankUnited FSB, the home was resold and I still am owed some money. The bank who agreed to a joint venture on the damaged home with my money as the only loan, fabricated a fake mortgage and claimed it had priority before mine. This was key when the market collapse came. Even after being restricted and shut down thru another case in federal court where they got some money, the FDIC restricted these same lawyers pretending to represent this bank from continuing to try to take the home away. This bank claimed that the damaged home was the subject of a conventional home loan and had no damage despite insurance payment of $200,000 for damage, photos and more. And despite a joint venture agreement and no signature but only a forgery on the note they presented. Worse of all they continue the foreclosure process despite the FDIC federal restriction. This fight has been going on now for 11 years worsening my heart disease. The title has been granted to the bank. This is so crazy that I sued the new bank that claimed to be the owner of the note and mortgage while the process was going on and they came back and said they where. While at the same time the other case continued on with the old bank claiming they where the owners and later they even signed an assignment over to the new bank, years after the new bank claim din my case to be the owners. Its a shell game and what the judges say to all this? Its to confusing and give the bank what they want. The main judge was counsel for infamous murderer drug dealer and my competitor in the building business (we he used with the judge to launder money), Leonel Martinez. Martinez was arrested and the judge ascended thru his clients contacts being nominated to judge before the arrest. Good security for his client. He sat in office for about 20 years. See Dirty Money article in the New Times archives. The judge lives off loans from this very bank and others.
c. In another case a broker for Meryl Lynch admitted to lying to me causing me losses of $250,000. A hearing was held without notice to me except notice to come in one afternoon when the hearing was held in the morning. When I came I had lost. Of course no court reporter was present and the judge did nothing even after I told him to help me. Without a record of what occurred at the hearing, even assuming the court of appeals was honest, the appeal was impossible.
This is just a small example of how you are buried alive in a system of corrupt judges not found anywhere even in Panama or the most corrupt places in Latin America but right here is the US. It is sad how so many come here from Latin America to look for justice only to find corruption. Beig honest here does not pay. I married a Norwegian and moved away. Now divorced and with aging parents who refuse to leave Cuba land, I am stuck like a dog in a tiny cage without food or water. For me it is probably too late. But if you want to investigate these players I can help you and maybe we can stop them once and for all. But please do not let some pretend federal investigators f…. things up like they did once before where most judges got away with no time in the one isolated instance they decided to pursue them. Operation Court Room Sweep.
Yes, it is a violation of securities laws. It’s also a common violation of securities laws. The commoditization of mortgages and removal of property records from county agent has led to extensive fraud in America, including most often fraudulent representation of PETE, the Person Entitled to Enforce. We have a case on appeal here in Cameron County TX (seven years in litigation) on exactly those grounds, where an admittedly sleazy attorney (BBDFTE, llc) is presenting himself as both the PETE (Plaintiff) and the Owner’s Trustee (Defendant). They stay up late at night negotiating with themselves, and earn some generous fees. It’s quite complex. Since the judges, bankruptcy trustees, SEC regulators are all part of the scam, the battle is uphill for the owner who cuts the grass, repels thieves, and pays school taxes, and generally some technicality results in a forced sale. Here in Texas the average is 28 days. The only advice I give people now (and I’m not an attorney so I only give advice, I don’t sell it) is GET A JURY. GET A JURY. GET A JURY. BURN DOWN THE TOWN…. 🙂
I am in florida it is just as bad. we have a new foreclosure law from 2013 that the note has to be certified by penalty and perjury before a foreclosure case can be filed. but te judges are looking the other way. then when you bring htis fact up they do not dismiss cases they blame it on procedure error???? what??? state statute is clear what the certification is suppose to say . there is no messing with it. feeling sick about now.
Dangeroos and everyone else out there,
I just read that in May, the BofA vs Nash decision was reversed, and no attorney fees or damages were awarded.
Does anyone know of Florida foreclosure cases, where damages were awarded for the Defendants of fraudulent foreclosure.
Thank you!
Keep Fighting!!!
and…read Chain of Title if you haven’t already. Amazing book that helped me and my attorney realize I am not crazy!!!
I can sign as an attorney in fact for you, if you are inconvenienced. Of course, I could go to jail if I use my attorney in fact masquerade to steal money or property. Fo banks, this leads to the odd situation occasionally of the same party appearing on the foreclosure as both plaintiff and defendant.
Inside a pooling and servicing agreement, or a collateralized debt obligation, there is no such status as a performing or unperforming mortgage. All individual collateral obligations are surrendered by the underwriter on formation, and all components must be in hand within a limited time period, such as 30 or 60 days. From that point on, either the entire asset is solvent, or it is not. Either the entire cash flow is being produced and paid to the investors, or it is in the hands of the bankruptcy trustee and no longer exists.
Here are the details: I have been battling a fraudulent foreclosure for almost a decade. Many of the big banks are involved, as are a couple of foreclosure mills. They have played all of the tricks of “recreating” a chain of title. The latest one is a new bank “ABC Bank” has stepped in as Trustee for “ABC Trust” and they assigned the Mortgage to themselves, as “Attorney in Fact” for a non-related party who was fraudulently pretending to own the Mortgage and Note. This was done to continue the smoke and mirrors of the chain of title.
My question was, can a Trust assume or purchase a mortgage that they know is in default and has been in default (non-performing asset) for almost a decade? I thought I read somewhere that that was a violation of securities laws. If so, it is just another fact that we would like to present to the court.
imo a bank can sign their rights over to themselves if there are multiple entities within their organization, but it is a disguise and they are hiding or covering up something but probably it is a stall tactic to get themselves together to better defend themselves. Everything these banks do is to cover their fraudulent tracks. dates are important, reconcile all your paperwork to the mortgage. sounds like you are being scammed as the rest of us are.
1) Can a bank sign an Assignment of Mortgage to themselves (Assignee), and sign as Attorney-in-Fact for the Assignor, without the Assignor signing the Assignment?
2) Is it true that a Trust cannot take-on or purchase an asset (Mortgage or Note) that is not performing and is in “default”?
that could easily be used as a defense i have seen some wins in florida because of an incorrect address it might work in NY. hope you have a lawyer or are going to fight pro se?
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zip Code. I was also able to find my original signed mortgage documents.( they were almost impossible for me to get my hands on) I was also able to find out my loan originator used someone else’s financial information to approve my loan.
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zipcode
Happy Independence Day!!!
I have a JP Morgan Chase Loan #, internal Commitment #, and internal Reference #. Anyone know how i can find out if my loan was securitized and bundled, in a simpler manner than the secinfo.gov process? I will buy you a copy of “Chain of Title?” if your answer works!
I am fighting LNV MGC-Dovenmule for six years now some wins mostly losses I need a real lawyer in Pietland Oregon fast who understands fraud and I mean fast. Any body know whos real my last attorney took tons of money and did zero.
Hi I know some people in Washington state and I know someone in Oregon please post you email address and I will give it to them for you. Ps if you don’t want to use your regular email please create a new one with yahoo or Gmail ok . I understand I have been fighting since 2009
I live in L.I. NEW YORK -I am in foreclosure since 2007 – are there any good pro-bono lawyers out there?? I have just defeated banks motion for summary judgement! I truly don’t know what happens next. please help if anyone can. thank you for reading
Down in Cameron County we had the bloomberg audit recorded by the property clerk (103 pp.), to offset the fraudulent document created by BBDFTE trying to be a PETE. The proper place for for property records is in the clerk’s files. Naturally, one document is fraudulent and someone needs to go to jail for five years but that is for the US Prosecutor to decide. For dividing up money that is for the jury to decide, which fact is truthful, and which fact is fraudulent. If you judge is making such decisions, without personal knowledge of the facts and issues, that is just another error. Appeal it. 🙂
I had the audit done in my California case and even brought the witness who conducted the audit and the Judge refused to allow his testimony or the audit to be entered!!!! The banks are being allowed to fraudulently steal our homes and the judges are permitting it to be done! You cannot demand a jury trial, you must bring in your own court reporter, which was nearly impossible to even find and my judge cleared the courtroom so people couldn’t witness the wrongdoings!! It’s the worst crime to ever be perpetrated in US history and the DOJ, CFPB, FBI and the OCC are doing nothing to stop it?? I lost 2 homes because the banks have convinced lawmakers that they really are Too Big To Fail…..
I’m a real estate agent in SW Florida and have seen lots of very egregious stuff. Is anyone here familiar with the addition of LPMI by the bank, AFTER CLOSING. Like 1 year and 3 months later??? I discovered it last year and BOA admitted in writing to the CFPB they had done so, as if there was nothing wrong with that. To my knowledge, nothing was ever done. Because you would never know if this policy had been placed on your loan until you try to refi or sell (or in this case short sale), I suspect this will be the next big wave of fraud, in place since 2006+ with untold numbers of mortgages affected. My research has turned up very few cases like this but experience has taught me if the bank can make money on it, they’re doing it. All behind the scenes, telling no one and laughing all the way to the bank. Only in America can banksters break our laws and not go to jail! #WhoDoYouCallWhenTheBankRobsYou
Does anyone know of any federal cases in which the TILA 1640(e) SOL was equitably tolled in favor of the homeowner? Appellant decisions denying the use of the the 1640(e) against the homeowner enabling the homeowner to survive Motion for Summary Judgment or Motion on The Pleadings would be most helpful. Thanks!
Here’s a case pf how NOT to plead it and report with possible references; I’m looking into this as well
https://casetext.com/case/strong-v-countrywide-home-loans-inc
“Finally, both TILA and RESPA are subject to equitable tolling, which suspends the limitations period until the point in which the borrower discovered or had a reasonable opportunity to discover the violations. See id; Merritt v. Countrywide Fin. Corp., 759 F.3d 1023, 1036 (9th Cir. 2014). Here, equitable tolling is not appropriate. A party seeking equitable tolling must establish: 1) a diligent pursuit of their rights; and 2) “some extraordinary circumstance that stood in [their] way.” See Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). While providing evidence of defendant’s general wrongdoing nationwide and correspondences between the parties relating to loan modification, Plaintiff has shown neither a diligent pursuit of her TILA and RESPA rights nor extraordinary circumstance. See Lien Huynh v. Chase Manhattan Bank, 465 F.3d 992, 1003-05 (9th Cir. 2006) (finding equitable tolling not applicable when the plaintiff held all information required to bring their claims earlier and the alleged actions of the defendant were not “unusual,” or “special”).”
No Bobbi, I’m an independent that leans conservative. (not democrat or republican). Unfortunately there isn’t a conservative left in the race so I’m looking at the Libertarian candidates now. Yes, you are correct, both candidates (and parties) are as crooked as they come. Bill Clinton let glass-steal get repealed, which allowed banks to start gambling with our savings. While republicans (directed by bank lobbyists) slipped the measure into the bill at the last second. Now, Dodd-Frank is slowly being eroded and banks are back to their financing tricks.
I have faith in none of them. Hillary is as dirty as mafia hit-man and you can trust her just the same. While Trump just says one stupid, reckless thing after another, and has shown absolutely no temperament to try to learn the things that he doesn’t know… and he doesn’t know anything. He has a chimpanzee-level understanding of Geo-political and national security policy, I’m convinced he’s a petulant man-child with Borderline Personally Disorder (BPD). IMO! You can’t piss on my leg and tell me it’s raining like he tries to do. Yet, that doesn’t mean he will be any better or worse than Bernie or Hillary. Just has to be held accountable.
I’ve learned that we, as voters, get the leadership we deserve. We are all on this blog crying, kicking, screaming about injustice, while steadily going broke trying to save our homes. Why? Because of the decisions we made when electing our leaders. We can’t fight this battle alone Bobbi. Banks WILL start buying our politicians (to change the laws) if they can’t win in court! So, who we elect is very important and should be discussed here, with RESPECT to everyone’s right to decide for themselves. Bernie says he can / will change the banking system, but offers no ideal exactly how he will.
This system was screwed up decades ago, by both parties. What’s demoralizing is that Obama did nothing to the banks (or Bankers) when he had the golden opportunity to revolutionize our banking system, and send a message. He chose to tow the line and just “get the bus out of the ditch”. So, again…we get the leadership we (vote for) deserve. We elected him, Bush, Clinton, Reagan, Newt, Schultz, Bondi, Scott. Basically what I’m saying is that it doesn’t matter who is elected if we don’t hold them accountable. Pam Bondi (Fla AG) got hundreds of millions of dollars from the banks for Florida homeowners in distress. Where is it? Has anyone seen a dime. Has she disclosed where the money is / went?
The Big money/ people/ families, behind this banking system will always try to control this country by controlling the politicians. It’s our job/ duty to fight them. Let’s not get caught up in Clinton, Bernie vs Trump, as that’s just a media driven distraction to keep us from focusing on the real problem. THE BANKS!
” I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
Thomas Jefferson, (Attributed)
3rd president of US (1743 – 1826)
Hello Bruce I am a 100 percent disabled veteran near Portland oregon. I came to same conclusion. Perhaps you k or about the veteran hsbc whistleblower in Damascus oregon. I talked to his attorney who might be able to help you. My sit rep is with Chase. Here is my email if you want to contact me David F Black. Blackvan@hotmail.com. the story about hsbc appeared in the Vancouver Wash
Columbian newspaper
About ten days ago. The case was filed in federal court. Not sure of which one.
It does not seem this blog does not print very many if non at all for followers to read and see commnts if ay on thier reports. I know I have sent several and not yet seen anythind. I am a 77 yr old disabled vet and direct OCWEN/HSBC?AHMSI to the rune of osing some $300k to teir fraud for failure to prove interest/standiing. The did not matter to the Fed Dist Ct Judge brown in Portland, OR. or apparently to this blog. Sorry to bitch but I am wounded with no recovery in site.
Tonyp – I read this article and for what’ it’s worth ~ this author isn’t even a reporter; he’s a blogger. No college graduate with a degree in journalism; just his own opinion and a Democrat at that! There’s enough ‘scandal’ on the Hillary side to fill a 900-page book! No one person is perfect and I don’t believe the citizens of this country are looking for such a person. Hillary has been ‘involved’ in similar financial disasters and she certainly does not have the greatest track record in her current position and even that is still an on-going investigation. Trump doesn’t ‘belong’ to the banks and as far as cheating people, both candidates are guilty. I can’t name one single ‘honest’ Congressperson or Senator in either the Federal or State level. It’s obvious that you are a Democrat as well, but this site is not the forum to debate the political arena for presidential candidates. We are looking for solutions here that will benefit us as a whole for fraud against the whole of the country. No running presidential candidate at this point can fix those wrongs now.
Con u file in federal court based on rule 60 which is similar to Florida statute 1.54? Can someone answer and if there are any Florida attorneys listening pls reply. I am interested in filing. Thks
That should be on the court record. Finding out anything after that I have yet to find or even have answered here. They keep open the door for deficiency judgements and if you have cash in savings they will garnish but many have at least so far or yet not been getting hit for deficiency unless you stripped the shit out of the house and pissed the good ole boys off which makes it hard for them to unload or do whatever they are actually up to with stealing all these homes maybe for the refugees or maybe its greed.
Monitor the MLS for your house to go up and hope some brain dead young slave millenials that does not have a parent with wisdom or a son of a good ole boy and his nice new wife become the next set of slaves to move in, poor kids.
Now cancellations of mortgage you will get a tax 1099 or like document or have to go in person to the hall of records usually to find out at least by me because your a loser now they had to sweep your stolen home under the rug to keep their pensions and the good ole boys fed and on the payroll. Online access is for the elites and too much data entry to make us losers life easy.
Its kinda like an airplane the lady calls boarding for the first class, priority, premium gets access to premium overhead space for luggage but your in group 5 now you board last (and get off last) wait get all the way to your shitty seat no leg room and the overheads are filled so you gotta go back out check your bags go back to your seat with the big fat stinking guy who farts your whole flight and your arms sore from holding it in all flight and continually adjusting the fan hole just right to blow the stink from your nose just right. You may hope the plane just crashes but I move my hope to the first class elite vampires to be exposed and brought to justice. Or wish I had went into CC debt upgrading to the varying scam seats near first class but 3400 for a first class ticket an hour trip is insane. We are slaves to the matrix of everything.
Did anyone read Neil Garfield’s blog on Friday. Angel I hope you did. It shed a lot of light on Fannie Mae. I have tried to post on his blog today and it appears that the comment section is closed because I cant post. somebody really let the cat out of the bag perhaps. The truth is getting closer all the time. Lets keep the post coming everyone. The Truth needs to be heard!
Yes. I have the originals that I received at closing showing acct # on each page of note and mtg and recorded mtg showed acct # but the note and mtg produced at trial and in the court file are erased so somewhere down the line after it was recorded, it was altered to not show the acct #.
Angel it appears our govt is the the one defrauding us. Ur situation is the complete opposite of mine. U bought from Fannie and chase is trying to claim ownership and I bought from chase and Fannie is claiming
To be note holder. Raises a red flag with me. They hide behind each other to put us further in the deep dark of their shell game.
Agree:-) I have ORIGINAL note,mortgage,special warranty deed, & I’m the ONLY one with the ”originals” in my case,,chase created bogus default claim,Freedom Mortgage made claim to Fha for pymt,,Chase is trying to step up as owner/holder with forged sloppy copy’s of note,& their chain of custody is NOT same property I’m in foreclosure over,its to a home in different county,its a FARM on 42acres,& costs 50,000 more than what we purchased,we purchased residential home on 2 acres…
BOBBI SWANN
April 8, 2016 at 1:56 PM
Angel – if you have in your possession the original “ink signed” note you should file for dismissal. An “owner” of a note is legally described as a ‘holder’ of the original note. If you have the original you would not be foreclosing on yourself….Basically the lender would then have an unsecured mortgage, at best!
Angel
April 8, 2016 at 2:12 PM
Bobbi,I have…..they’ve came up with EVERY stall tactic known to man,my motions are being held in abeyance right now,had to go to mediation,,,,that’s were 1st settlement offer came in…now its a new offer every 3weeks,,,I’ve declined all…I WANT to get into court,I want sooooo bad to finally have my say,,,,I have raised in motions dismissal w/prejudice due to,No standing,false cause of action,fraud on the courts,un-clean hands.
0bviuosly judges need to go to refresher school. so please help me out here. Bank A is the original lender on the note we sign at closing. Bank A sells note to fannie mae (GSE), FMA secititizes note on the stock market and mortgage is placed in a MBS and placed on MERS. Bank A (original lender) is retained as servicer. During the height of hamp denials Bank A (and all other banks and servicers) sold you not to pay the mortgage. you were told you have to be 90 days late for a hamp applicaiton to be accepted. so the 90 day peried comes and the Hamp loan application is sent to Bank A by Fed ex, (because in 2009 while applying for a Hamp loan the faxes were lost. hamp loan denied but bank A gave you an “in house” modificaiton with NO statement to see where the money for payments went) fed ex mailer lost. hamp denied. Now fast forward 6 years you are in the middle of your 2nd foreclosure (Bank A never proved standing during 1st foreclosure case). I am not understanding how Bank A can prove standing if they sold the note to FNM and FNM placed it on MERS. Why are judges not seeing securitizations? why are the letting the original lender Bank A take homes in foreclosure they do not own any more they are merely just the servicer. how can we the people right this wrong. this ver over whelming to me and causing so mych sstress. PS SOL passed in sept. Case should be dismissed if SOL has come and gone? thanks for your help
Bobbi yes thank you. No assignment on record. However the mtg was recorded and that is all. No evidence of Mers involved chase was lender. However. I recently visited the court file and the note and mortgage in the file has been altered. They also erased the account # off of the note and mortgage. Why would they do that?
What do you mean they “erased” the account from the note and mortgage? Erased it from the face of the note? You cannot deface a note; it makes it null and void if you do so. They can cross out and add but cannot erase. You have proof that it was physically erased on the note?
That’s what I thought they were is an insurer
So I see they assign the bid for the sale but no evidence they ever had anything to do with note and mtg. Just got off phone with Fannie supvsr. Telling me that to get a loan mod when hamp first started They were sending out the loan mods. Prior to people qualifying for them. This is how the banks are trying to explain their reneging of all the hamps. What a maroon!
Angel, FYI, I just contacted Fannie Mae for them to send documentation on when they bought my loan and this guy AJ said he would have to ask his supervisor to provide me with that info. Apparently it is not a right for the borrower to know that information. What a bunch of bs! If Fannie owns the note or holds it or whatever you call it, would they not have to do an assignment thru the court record?
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Over the last couple of weeks I’ve seen all this garbage about Fannie “owning” the note and mortgage being or not being my lender. Fannie or Freddie, neither one, can originate mortgages or lend for mortgages. They BUY the mortgages already closed and funded by other lenders. That is what they are – GSE”s (Government Sponsored Enterprises). They are not lenders but by purchasing portfolios of mortgages from other lenders they bring liquidity back to those lenders over and over and over again. When a lender sells your mortgage to Fannie, Freddie or even Ginnie Mae it is SUPPOSED to be done via an assignment but that was part of why MERS was created – to bypass all those recordings in the Public Records and not pay all those fees. They got around this via MERS by forming the TRUSTS or pools of mortgages and setting up a ‘trustee’ which allowed MERS to be the tracking device for all these mortgage exchanges. The public records clerks had no idea of the evasion being committed by these lenders until the financial recession. That’s why so many of the County Recorders are suing those lenders for the loss income. As far as you, the customer, the only way to track is finding the Trust your mortgage was placed into and pulling down the proof. It’s really really digging deep and for most it’s never found. If your assignment is not on Public Record I would go to the County Recorder and ask why this lender was able to circumvent the public records? Getting them involved is like lighting a match to kindle….Oh and you can always go the sites for Fannie and Freddie online and find out if they own your mortgage. Google Does Fannie/Freddie own my loan?
I got the same run around until I told them there a DEFENDANT same as me on summons from chase…,then I got somewhere,,,had to send papers,& They responded to me/court.Fannie Mae was the ”seller’ we are buyers/borrowers.Freedom Mortgage was lender,Loan care was servicer,then CHASE became servicer,,flipped our lives upside down.
Angel
April 8, 2016 at 1:21 PM
IMS 53,MY response above is to u,don’t know why it shifted downward,sorry:-)
I’m at the end pretty much too. Trying to get judgment thrown out Most attonys don’t want to deal with u at end cause they can’t make money. I would say if u come this far on ur own, finish it Because my experience with lawyers has been u pay a lot of money and they go thru the std motions but don’t really dig into your individual case as they should. There are many issues of material fact that should have been in front of judge but never did so now it is left up to me. Going to court next week in fact. Will keep u posted.
I wish u all the luck in this world:-) &thank u for talking& yes keep us posted:-)
AL
April 8, 2016 at 12:04 PM
Angel, about your assignment being record in court.
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Angel
April 8, 2016 at 1:08 PM
Al, NOTHING has been recorded in my county clerks office,We purchased this home from Fannie Mae,2008,,it was a foreclosure/repo…We aren’t listed/vested as ”Owners”‘,nothing has been recorded since Fannie Mae,Chase had counsel Lerner,Sampson,Rot fuss ”create” an assignment of mortgage dated 2-9-2012. I was in foreclosure proceedings 8-1-2010. That created assignment didn’t come from original LENDER,& it HAS NEVER been recorded.Chase has paid my taxes under the name of FANNIE MAE all 8 years..I proved in court with documentation from Fannie Mae it was SOLD to us in 2008,& that was in 2014…chase is claiming they have continued paying the taxes but my records show CHASE NO-WERE,,,why would someone with a legal claim to property pay under someone else’s name????? To me…..FRAUDULENT ACTIONS,,,what’s your thoughts???
that’s what they do to shut you up. I was in the chase multi district litigation class action in boston for breach of contract. of course chase and the attorneys settled for 10m and the homeowners got nothing. I have tried to contact the attorneys that represented us in the class action. they will not return phone calls and I found out Gary kleins firm has closed up and I think he is working for AGs office in Boston, so they get you to shut up one way or the other, know what I mean. you must have something on them.
Its crazy the levels they have taken us all built on lies,I’m at (I think) the end of this case,as lawyers put it,I have a Great court system here, but I do think I need a lawyer,ONLY because they do speak a different language,&my proof is great,my delivery isn’t..& finding,explaining case,timeframe its takeing they act as if I’m a loon,,,”oh no foreclosure cases only last a year in litigations”’ ummm no…I’m STILL fighting,& it began in 2010 to present…so I’m pro se,& they continue to hold my life in 2010…& battle rages on…& I have everything,every notice,flood policy attached,I have Original note/mortgage/special warranty deed/chain of custody.proof their ”copy’s” are copys,not originals & forged
Angel
April 7, 2016 at 12:24 PM
Had a lawyer 2012-2014,he did NOTHING except change law firms,3x’s & was always playing catch up due to the move? So we released him,to put it nicely,& I’ve moved this further in a yr as pro se than he ever did,,,1st challenged motion came from me..so TRUSTING a new one causes me pause…….rock/hard place…have you heard of Jeff Barnes? Any input would be greatly appreciated:-) 🙂
unlike you Angel, I did my refi with Chase and they were the original lender, but have since tried to put it on Fannie, but there has never been any evidence to show that Fannie is owner except the fraudulent POA showing Fannie assigning certain rights to Chase. even my credit reports show chase is the owner. fannie mae said they have been owner since 2006, but there is no way.
keep on keeping on Angel , like me. Chase is made up of a lot of dishonest employees, combined with their foreclosure mill attorney, the fraud is rampant. they erased account # from my note and mortgage, not sure what their benefit to that is except to continue their fraudulent securitization scheme. also Chase is hiding behind Fannie mae saying Fannie owns the note so they done have to explain their illegal ways. I’m still fighting too after 7 years so I hear you. Stay on them!!
They did same thing to me,I contacted Fannie Mae,made them aware they were named as holder same as me,they released written statement to me/my courts they sold property to me in 2008 & don’t have ANY claim to my property, if I was you involve Fannie Mae,helps u by showing flat out deception…this has been a living nightmare,but also EYEopening….I wish u peace,resolution:-) 🙂 & Don’t give up:-)
Howdy y’all,,I’m STILL fighting chase/counsel….Latest activity,settlement offers have been coming in,500 to 10,000 now,I declined ALL amounts,&made counter offer,of course it was declined..also the ”threat” of summary judgement motion is on the way,that was last June,1st time I was informed of it to present date,,,still NO motion..weeks pass,new offer amount,,I have filed motions to dismiss w/prejudice that are held in abeyance,my question is….do I push to proceed,or cool my heals to see next offer????I have battled this since 8-1-2010!!& I’m still in my home,& I’m pro se:-) your input on this topic is priceless,,I feel I’m on the right track,but DONT want to mis-step.thank u so very much in advance:-)
My home,,,sorta like cash for keys,,,,they have no claim to my home,sloppy copy of note that is forged,false cause of action,the default claim is/was always paid,what I REF– USED to pay was forced placed flood ins,policy’s..so they made it into default claim,of missed home pymts…that I’ve proved PAID.chase was servicer ONLY,,,,never had ANY loan with them.didn’t close home loan with chase,but their claiming ownership to my note,with no valid chain of custody.no valid anything….I have the realtor who was Present a closing of my loan & written statement the signatures/initials chase is using ARENT what she witnessed us signing.false credit reporting,its a LONG list of illegal actions by them.
Angel
April 7, 2016 at 11:33 AM
& part of ”settlement offer” I’m to withdrawal all complaints,I’m not to speak of chase/counsel in negative light,I’m to stop all legal actions….I declined:-)
Quicken loans, gave loan immediately to GMAC, 2008 crash, husband’s company bought out, wife’s job cut along with furlough days- leads to husband’s new company cutting everybody’s pay and. Cutting out benefits that were still needed to do job. These were vehicles and cell phones and gas expenses. So, trying to get a modification loan with a company, we are served foreclosure papers that had written that two lots of land that the wife inherited was included in the foreclosure. Immediate attorney gotten to respond to this fraudulent statement . GMAC going bankrupt and said did not need to help us. Quicken loans no response to clear this matter up. Ocwen has gotten loan and refuses to help. Have always paid taxes on this separate land. Property description always correct without lots on it. Six years of being told we would have to move and that court would be coming up has caused the husband to have heart attach and last year thyroid cancer. Anxiety and stress. Now, being told to not spend money on home, it leaks and insurance will not fix. We have had to move in with family because of the awful mold and mildew. Still no answers, still injustice. GMAC would not work with SC Help and no modifications could be done since we are in litigation.
I have a case where a FBI agent with 30 fraud investigation experience has stated that my mortgage bank committed criminal mortgage servicing fraud. The put in place practices and procedures to enable the foreclosure of high equity properties. I stood in line myself every single month and made my payments in person and got a receipt yet the bank made my payments between 7 and 20 days late with all that additional interest and late fees. Then when called on it they corrected it, years later. They with American Modern added at least two copies of insurance for 1.8 MILLION dollars each on both my HELOC and my mortgage at the same time. Total coverage on property was over 4.5 MILLION dollars which of course they billed to me. They claimed my insurance which was always in effect was 300K insufficient so the added 3.6 MILLION in coverage! WTF??? Even send grade math tells you there is a bit of over insurance. OH yeah and when the complaint went to the federal reserve they claimed there was no insurance fraud. They INVESTIGATED IT!!! The bank created a situation where they sent to credit reporting bureaus that my HELOC payment was 3 months late, yet they talk in their own activity work sheets about how the bank officer who was supposed to be managing it hadn’t. They told their collections person not to call me when bank officer failed to transfer only the HELOC payment. Of course he continued to make the mortgage payments that were due the same day. Then the bank said they never transferred a dime.
IN 4 YEAR ONGOING FORECLOSURE BATTLE – SAME HO– USE/NOW ON 3RD LENDER.
FORECLOSURE COMPLAINT JUST DISMISSED BY COURT BASED ON MY MOTION TO DISMISS DUE TO PLAINTIFF NOT RESPONDING TO ANSWER TO COMPLAINT, ETC.
NOW, PLAINTIFF IS REQUESTING MOTION TO AMEND COMPLAINT INSTEAD OF REFILE. NOT HEARD OF THAT BEFORE AFTER SUCH A DISMISSAL BY THE COURT.
NOT ABLE TO FIND ANY AUTHORITY TO PROHIBIT THAT OR ALLOW THAT.
I AM LOCATED IN ILLINOIS, BUT ANY INFORMATION OR HELP WOULD BE APPRECIATED.
THANKS FOR ALL YOUR GREAT WORK.
WD HERRIN mickwd1@gmail.com
We can’t ignore impact we have had and whistleblowers, significant wins and Supreme Court TILA decision by Scalia who was ni friend of homeowners but could not deny basic truth. We are at another level of evil in those places like CA manipulating settlements and ignoring law that was to address harm done and admitted to.
I’m in California. We are making progress with the TILA rescission. One member of our team had an acceptance from the Federal Reserve of a complaint submitted. The Fed forwarded to the CFPB. I will be doing with my two cases which are in the San Bernardino County courts currently. I can provide more information if you’d like to join us….Please call me at 310-427-1008 or email me at margdeselms@gmail.com. Thanks!
Hammertime
April 2, 2016 at 2:33 PM
Interested. Will be in touch. Just lost stay of eviction but court left opening I believe.
Yes the cancer has spread everywhere were way beyond cause and blaming sub prime. In my case brokers definitely ignoring law and abusing the process. Used notice of sale and intimidation as well as bogus cash for keys to try to push me and tenants out. They tried to get contractors to tear off whole roof of unit to flip. I had to stop them and put sign up. They are even using rental income under MY OWNERSHIP! City refused to release funds to me when I still had a chance. Contractor actually refused and new ones told me they were fired. We need all brokers, bank, court employees to stand up.
My view and first hand is its way worse than we even can see I am afraid to say too much. The matrix is in full effect and I hate to say this from the bottom of my heart but I think its over already. All the puppets that think they will be taken care of will be shocked when their masters dump them too and they become just like us and realize they were used to do the dirty work. As I watched all these baby lawyers just jumping in making a name for themselves be used and brainwashed into thinking they are special stealing the homes of their own mothers brothers perpetuating this travesty.
There is No room for the good people the light in their darkness they have to marginalize you and isolate you. The struggle is if so much evil then where is Good? Where is God? Throw us a bone not one of the so called precedents we prayed for ever came through. Now what the next bubble game. Waiting for the next punch of destruction. Its obvious now a systematic destruction of the USA is in full effect, or global destruction.
Yes both! All on the take willingly or forced to comply to continue to have a business in the local municipality or face being targeted and destroyed and blacklisted harrassed. Hundreds have said brokers went out of their way to drive homeowners into short sale/foreclosure. Homeowners taking hit to unload property to avoid and they blow the deals out. Some done deals with deposits, mystery walk aways. You know a broker is shady when they dont force the deal legally, buyers obligated to go thru mysteriously brokers dont fight for % BS! I have heard tons of times weird broker stuff. As for mortgage all the sudden friends of friends are in the mortgage sales biz from street cleaners to truck drivers. These guys had such a pulse on the bubble they all the sudden are mortgage business pros.
@ PAL – Let me just set the record straight here. ALL mortgage brokers have to be licensed as of 2010, take the pay for educational required classes, pass the written test with 70% or better, pass the background check, pass the credit check,pay the annual fee and now be limited to a set amount of pay. I am a mortgage broker and have been one for 44 years. I don’t stay in this business because I do the wrong things, I stay because I do the RIGHT things. In 2010 when the NMLS (National Mortgage Licensing System) was put into place, nearly 85% of all registered brokers and loan officers dropped out. There were several reasons: couldn’t pass the tests or couldn’t pay the fees (they are hefty) OR didn’t like that our incomes would now be controlled by the US government. We can’t get raises, or bonuses. We don’t have overtime pay. None of that. We work strictly on commission and that commission is set now by the CFPB government office for EVERYONE. Every time I hear a consumer spout that it was the brokers that caused the financial disaster and subsequent foreclosures I want to puke. It started with the Greed of Wall Street and grew like a cancer. A mortgage is a product just like any other type of product and there were all kinds of versions just like there are versions of models of cars and each with a different set of rules and guidelines. Wall Street began to offer ‘incentives’ to sell as many of these products as possible. The brokers only followed the rules. How often do you perform a task in your job that you don’t like or agree with? Do you just say I’m not doing this and put your job on the line? Hell no. I did. I refused to sell the asinine products to prospective buyers and do you know what they did? They went to any other broker who would. People were desperate to own a home no matter what. Consequently I lost over 70% of my income. I resorted to taking on a second job while I watched my other cohorts rake in the hundreds of thousands of dollars. There are those of us who had consciences but there was also those buyers out there who knew that under normal circumstances they couldn’t own a home other than these ridiculous programs from Wall Street. These people now come crying and for those I have no sympathy. For those that suffered the loss of value because of the financial crisis who had owned homes for years, never refinanced, are the ones who suffered the most. They ended up with the short end of the stick after all was said and done. That is the truth of the matter.
Pal
February 15, 2016 at 3:07 PM
And I say good is good. I know rotten apples spoil the bunch and its in everything. Those shining lights in any job I have no problem with. I CERTAINLY am not sayin all are bad I know how it is, theres evil and good. Wheat and tares. My only hope is in those lights and I hope they are in leadership that can save us and say enough is enough. If you made the noble choice to not sell those products than well I am not sure most of us wouldnt have gone along with the gold rush and stood up and said no so THAT IS ADMIRABLE.
Obviously we are under attack and our only knowledge is that the Courts are created to protect us!! The reality is hitting each of us, the many that have been on this thread for years, that we the people are being allowed to be under attack by the very courts that are created to protect us?? The system to protect us actually allows the banks, that took our homes with forged and fraudulent documents, to add another source of revenue for the IRS by sending 1099 showing you received the foreclosure as income and now the IRS wants money from you!!! Really? So the banks are paid for the insurance they took out for each loan, then they steal our homes to sell
to a new buyer so a NOTE can be created, then they send a 1099 as the final straw to then attach your social security, unemployment, income refunds even disability!! What the hell? There is something going on with “things” and our jobs, homes and way of life are disappearing before our very eyes?? This court battle is useless, it’s totally rigged to take your home!!! There has to be a plan that was agreed on with “the powers that be” whoever “they” really are, it’s a movement to change America and we better get out of the court battle’s because we can’t win and it’s got our total focus!! We need to figure out what is really going on and soon !! I am a victim so I know what each of us is going through, it’s something bad for sure don’t you think?
You nailed it! Its no doubt the boiling frog analogy. I shake that the frog is cooked and well done. I mean Its scary, whats next? All these years of end times chatter I would hear and I have chalked it off to fear porn. My common sense says I have seen for myself pure evil over and over worse and worse. I through this foreclosure process could see they can get away with anything they want. Kennedy, breitbart, scalia man this is getting freaky.
Exactly ldynps as we’ve talked about and has been my mantra to stay out of court trap. But was only option but it’s even worse than forgeries law is ignored and in my case completely wrong information on purported verification of debt. I also have issue of local government ignoring law and fraud ON THEM. So that’s going to be Main attack next couple of weeks and worst case will enforce TILA, sue for fraud after eviction if necessary.
Pal
February 15, 2016 at 1:28 PM
The local municipality is in on it. They are the front lines. The local yokel brokers (these are all connected to the local brotherhood of men in cahoots) are all tending to the vultures in the coops and preparing their meals your sanity and your money is their food. I have heard the same story over and over brokers grinding clients into foreclosure. Not selling getting them desperate to short sell, not showing, blowing deals out. Then sweeping your house up to feed the dragons. For shits and giggles look up any one you suspect locally of being in on it. Look up their public record and you will see a bizarre flurry of mortgage activities that are abnormal, heloc, discharge, mortgage, mortgage cancelled over and over every 30 days. Then you will see no activity after certain dates on all of them.
lms53
February 15, 2016 at 1:37 PM
Yes all the local municipalities are involved with the fraud. Blackstone wants to make everyone a renter and the need to steal homes in order to rent them. Blackstone and jp Morgan Chase alive and well in broward county Florida. D/b/a invitational homes where blackstone owns 100s of homes here and chase is holding the mortgage. Rents are outrageous.
BOBBI SWANN
February 15, 2016 at 1:53 PM
@ PAL – what ‘brokers’ are you referring to in your post? Surely you don’t think that Real Estate Brokers or Mortgage Brokers have anything to do with this? Real Estate brokers only come in the picture once a lender has taken title and want to sell the property as a REO. Every lender out there utilizes a real estate firm to handle and dispose of REO properties. There are a multitude of real estate investors with cash who are purchasing these properties but that’s only AFTER the foreclosure sale and subsequent transfer of title. It is rare that an investor actually wins a bid on a foreclosure sale but more often will purchase them once the lender has title and put the property on the market. There’s only two evils to what happened in the financial crisis – Wall Street and the Banks, especially the ones labeled TBTF. Everybody else was at the tail of the snake and it’s the head (Wall Street/Banks) that needed to be chopped off. To this day, none of them have been held accountable and again, I say, we need a stronger presence in white house that will not be indebted to these SUPER PACs and go after them.
Look I have this 1099c I or even we really have no clue what the hell it is. No explanation just a form saying I owe. Google doesnt know, court info, threads. I have no idea what it is. Am I done with this disease? Did the house sell, no record saying it did. I can call my lawyer who ripped me off, he wont know or tell me. The feeling of how insignificant we the slaves are is achingly apparent.
In CA not even done w unlawful detainer and sent 1099 for amount it went back to the bank. Doesn’t seem to make sense as purported deficiency of foreclosure sale amount or if tgere was actual sale.
@ Hammertime – CA is a deed of trust state so you don’t have the same judicial proceedings like Florida or New Jersey so the process of a deficiency judgement is totally different. My own personal opinion, those states such as yours (CA) took away most of the rights of homeowners when they became Trust states wherein the appointed Trustee takes possession. You really have no say so in court in those states. The process of foreclosure is so open to fraud in states of Mortgage Trusts ( Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia). What you got you can’t compare to what someone else got in a mortgage state like NJ or Florida.
Hammertime
February 15, 2016 at 1:02 PM
I agree. After going through UD court we also have seem to have own version of rocket docket. Fraudulent / illegal sale after fraudulent transfer and violation of TILA rescission. 1099 purported amount is equal to what they claim it went for back to them at auction. My understanding was deficiency was difference between total disputed debt, foreclosure lsale amount , minus sale amount. Could be different if goes back to bank, REO?
@ Hammertime – All I can say (for Florida) is that deficiency occurs when title is passed from the (defaulted) borrower to the new owner at the foreclosure sale. This could be the original lender (which would be a REO) or to an outside entity. Either way, once the court determines the Judgment of Foreclosure, which sets forth the final amount owned to the lender, and the sale amount, if the difference is negative, that amount is the deficiency balance. Pretty simple here in Florida. REO or outside sale, it makes no difference. Anybody can bid on a foreclosure sale but more often than not, the lender will outbid everybody, hold on to the property until the market moves upwards, and then sell it later to recoup a higher percentage against the loss.
Thanks for response. The bizarre thing not that anything shocks me with the scam of all this. Not one public record of a sale whatsoever. Not a cancellation nothing anywhere. If its sold it is completely hidden from public record. Even searching block and lot no new owner listed no real estate transfer. The layers of this fraud and process has been utterly frightening. We the people have been destroyed and I cannot even imagine whats coming next. I mean nuclear power has a massive leak in NY right now and its not even a major headline. God help us.
@ Pal – I found this time frame for NJ:
Deficiency judgments are allowed in New Jersey, but not in the foreclosure action itself. To obtain a deficiency judgment, the lender must file a separate lawsuit within three months after the foreclosure sale or, if confirmation of the sale is required, from the date of the confirmation of the sale (N.J. Stat. Ann. §§ 2A: 50-1 through 2A:50-2.1).
Pal
February 15, 2016 at 11:48 AM
Is it fact if i get 1099c that means the house was sold. This would also mean they got big money for the house. I was asking 40k less than them if sold. Way over assessment they got. It just doesnt fit. Could the 1099c be for something else? If it is a deficiency its under 20k? So i guess i should celebrate I am only a lil crushed? I would be grateful to be done but saddened by the state of affairs going on.
@ PAL – if the house was slated for a foreclosure sale, it is usually open for the highest bid and not made upon the market value or even the assessed value of the property. Just because your may have sold it less than what they set up for auction does not mean they started the bidding at that price. If the house was underwater the couldn’t even start the bidding at the loan balance amount. Whatever the dollar amount of that 1099 is what the shortage would have been from the principal balance outstanding. And remember, that ALL costs associated with the foreclosure plus interest gets added back to the loan. In some cases, that could be upwards of $35K added. Attorneys fees representing the lender are added to that principal balance as wells inspection fees, taxes or insurances, preservation fees. It is very profitable for attorneys representing plaintiffs….Big bucks! And with the 1099’s it is usually YOU that pays that bill.
Pal
February 15, 2016 at 12:46 PM
We are all slaves, does anybody have any common sense left. Are we doomed or what? Russia says one saudi troop sets foot in Syria WW3. What is happening the whole world is falling off the cliff.
I also received a 1099 and got it from Specialized Loan Servicing… For 45K.. I have no Idea what this is for…. what loan… could it be for taxes that they paid out of escrow?
If you received a 1099 from the lender it is due to two reasons: 1)you sold a home on a short sale and didn’t get the deficiency judgement provision deleted or 2) you had a foreclosure and this is the balance between what the home sold for and the outstanding balance due on the mortgage. Either way, it is the deficiency balance. If you sold the home on a short sale you should have negotiated with the lender to cancel the deficiency balance. In a foreclosure, you have no means to do so unless you signed a Deed in Lieu of Foreclosure. Now, that amount is reported as “income” to the IRS for which you will pay income taxes.
@ Bob Toerner – if there has been no sale then was there a 2nd mortgage on the property? A lot of times if there is no equity position from the first mortgage the 2nd mortgage holder will just extinguish the 2nd mortgage, cancel it from the record and send you a 1099. The other possibility is if you had a credit card that went into default; they took you to court and got a judgment. After a period of time if they cannot collect on the judgment, they can issue you a 1099 and cancel the judgment on public record. Other than that, I have no other clues as to why you would receive it. Was it from your actual mortgage lender?
Yes… it was from the lender on my house..Specialized Loan servicer… . it seems that if it was a credit card or from a servicer of my second that it would not be from the same servicer as my main mortgage. Does that make sense. I tried to call them at SLS and I kept getting passed to other departments then disconnected.
Bob – Stop with the phone calls. They do absolutely no good and you have no proof of such communication. You need to write the lender a letter demanding an explanation for the 1099 and in fact, requesting a mortgage/forensic audit of your file. They are required to respond when put in writing, not a verbal request or inquiry on the phone. Send the letter with verification of delivery/receipt.
bampaw
February 15, 2016 at 6:51 PM
Also known as a ‘Qualified Written Request’. This has a time limit for response from a lender, I believe it is 20 days ( I am probably wrong – but there is a limit). Try it. Legally it will give you a better standing.
Tx for responses appreciate you guys so much. So since my last post I received a 1099c cancellation of debt from the bank. Under 20k. Can any one confirm what this is? Is this the deficiency from a sale?
….sounds like they wrote off your balance and aren’t holding you liable for the debt…the 1099 shows the IRS you received the equivalent of the balance shown as income to YOU in the form of debt relief or debt forgiveness.
You need a tax accountant to tell you if you have to pay income tax on the amount they ‘gave’ you, or if and how you can get out of paying taxes on the amount.
I am in very desperate need of an attorney. I have filed suit but need help. I’m in the Dallas area does anyone have any knowledge or recommendations for Texas attorneys. Thanks so much!!
When I do my Due Dilligence, I search my states Appellate Court decisions for attorneys who have represented parties against the party I am going against, and then do the same thing in my local jurisdiction. I prefer Appellate attorneys since they know the parties and law better and are a great source to find who’s good and who to stay away from.
You need a LITIGATING attorney with lots of trial experience and success …..
….another way to is search current open and recently closed cases…that way you can actually SEE the paperwork they file and how they do in Law and Motion hearings.
Another technique I use is asking trial attorneys, including criminal attorneys, who they know who might be good with my specific circumstances. I also search legal indistry news stories and all the articles prospective attorneys have written, and spoken to others they have represented.
I have found relatively few spectacularly qualified attorneys, and usually decide that if I might lose I’d prefer to do it myself and not lose my money as well as the matter, and found that when representing myself, I use the same techniques to research the judge in my matter, and attend numerous hearings and trials to get to know them, and try to learn how they specifically think and rule, and set them up to make mistakes I could take to appeal if I don’t get what I want.
Using the above, I got my second mortgage removed from my property and the court order the bank to pay me over $20,000 for possible income tax expense, and had my foreclosure judge on my first mortgage order the lender to modify my mortgage…indicating she would throw my mortgage out if they brought it to trial.
Thank you bobbi, I am in nj. In my case record says Fannie Mae owns it, for $100.00. The only time frame I found is 90 days after they sell it, they have that 90 days to file deficiency. The thing is can’t find anything that says if the bank holds it for years they have any time limit. So rebuild and it’s still monkey on my back when just want to cleanse from the whole dirty process. Once a slave always a slave.
In my opinion, as I lost 2 homes through this crime, if the home is empty and no sale, file a lawsuit against the bank that stole it from you for Fraudulent Foreclosure! It turns you into the Plaintiffs position and the fact that it is not for sale could be because they haven’t forged documents to create a note…..Sue them to get your home returned!
The toll of corruption faced already for over 4 years the bank, my lawyer, bank lawyer, judge. It was clear it was all an act all in cahoots and in on it. I am convinced just entering that place is a waste of time unĺess I had some good supernatural power like they have with their evil. I had a case blatant forged documents. So really trying to hedge against being on the hook for this place after I rebuild my life down the road.
BOBBI SWANN
February 1, 2016 at 1:35 PM
Once the lender forecloses on a property the court sets a foreclosure auction date which is usually scheduled 60 days after the final hearing of the foreclosure. If the lender buys it at the auction, the court issues a Certificate of Title and title to the property is then reverted to the bank’s name. If another party purchases the property at the auction, then the property gets transferred into that buyer’s name. Either way, there is no real time frame in which the buyer of the auctioned property must put the property up for sale. In a foreclosure, the lender has the right to file for a deficiency judgment against the original debtor if the property that was sold at auction, whether by them or another party, was not sufficient to cover the outstanding balance due from the foreclosure. I am not sure of the time frame in your state as to how long a lender can sue for the deficiency but in the state of Florida it was recently reduced from 5 years to 1 year.
My mortgage company stopped taking payments from me when I informed them of my fathers passing …. I was not on the loan …. I even have three checks that they returned to me saying the account had been suspended…… I kept thinking this is so wrong it has to work itself out but to no avail…… by their refusal to accept payments they forced me into forclosure is this legal?
Can anyone answer this. After the bank takes possession and the case is complete, the Sheriff Sale takes place and the bank/Fannie takes back the property. The house sits there and they never sell it or put it on the market. Are we still liable for delinquency? Is there some time limit on that? What if 5 years from now the bank never sells it? Is it normal for them not to get it on the market? Why are they holding it, its a nice house and other homes are selling? In my case they even made repairs on it I see, but no activity whatsoever, transfers, auctions, listings etc on it out there at all, nothing! Its in NJ
I realize once they sell it they have 3 months to come after your for deficiency, which I hear is rare. Its like a disease that never dies if they can come after you years later and garnish or whatever schemes these scumbags have. Anyone in this boat? Would like some thoughts and opinions or new scheme they are plotting. Has anyone from early days had them come after you?
Am currently suing Wells Fargo and Assurant. I seem to be unique in that so far I seem to be the only person that had their insurance tied into the escrow account. Wells Fargo failed to make my insurance payment themselves and it was cancelled. I called after which they reinstated it. They again failed to make the payment and it was again cancelled. I again called and they again reinstated it. The very next day they cancelled my insurance for “underwriting reasons” and started forced placed insurance, but did not notify me for 9 months at which time they sent me a large bill for the back time.
I have defeated summary judgement and also motions to dismiss by both parties and motions to sever from Assurant. A tentative settlement offer was made which I refused. If anyone knows of any legal cases in which the mortgage company itself failed to make the required payments which can help, please let me know. Most with forced placed insurance are fighting because they let their insurance lapse and inflated insurance was placed. I can’t seem to find any cases in which the bank itself canceled the homeowners insurance just to put forced place insurance into effect as they did in mine.
Steven,
David Lee Ham v. Nationstar, 1D14-4024, Florida 1DCA, decided 05/12/2015.
He had a foreclosure where it was brought about by (illegally placed) force placed insurance. He refused to pay the additional premium beyond the original premium, which Ham was current on (loan was on adjacent structure to his primary home, and while it wasn’t included in his escrow insurance on his primary property, he did have a policy, w/the proper PLP on the policy, covering the subject property, but THEY didn’t think it sufficient, and they force placed an Additional Policy and thereby the party began.
What they didn’t know was that Mr Ham was an attorney.
He prevailed, in the end, on appeal. Reversed and remanded with instruction for involuntary dismissal. Currently tying Nationstar in KNOTS in the Florida Middle District Federal Court.
(& Nationstar was preceded by Aurora, not WF, although WF was cited and CONFESSED to that which You allege in 49 Attorneys’ General v. BoA, N. A.,et al, settled, 2012. They (WF, WFHM, & WFHLServicing, Inc.) all Swore they wouldn’t ‘do it again’, although it sounds like they never stopped, in Your case?
Hoping this helps, I’m sure there are more, hundreds if not thousands of victims when applied nationwide, where the Lender/servicer force placed an insurance policy, & thereafter sought foreclosure?
-Mick
LegalYou: The Ultimate Self-Help Legal Resource is Live!
It’s here. It’s finally here. And no, we don’t mean your cheese of the month delivery. We mean THE ULTIMATE SELF-HELP LEGAL RESOURCE. And that all-caps is deliberate. Because we’re talking about LegalYou here, our seismic contribution to online law—born out of tireless efforts, emboldened purpose and an overdue need to empower the people regarding access-to-justice. We couldn’t be more excited.
LegalYou is designed to be a game-changer. By putting the legal advantage back in your hands, we’re rebuilding a system that is for the people, by the people. Novel idea, isn’t it? An understanding of our country’s court systems—all its workings, its structures, its ins and outs, its lingo—is not a privilege reserved for the academic few. It is your right. And LegalYou is here to make sure of that.
If you’re one of the eager folks who have been following our progress up to now, you might already know a little about what LegalYou is bringing to the table.
But whether you’re chomping at the bit or just discovering us, here’s a recap of some of the incredible features available to you as a user of LegalYou:
Access to a wealth of legal knowledge (written in plain, non-confusing-lawyer-speak English)
An extensive support system to help you make sense of and apply that knowledge
Our unique legal document creation and management service – which allows you to create, edit and download the documents you need. For FREE!
An entire library of short, accessible, humorous animated videos describing a wide range of legal terminology, procedures and general advice. For FREE! Yet again!
And if you’re really stumped, confused or preferential to direct human contact, we provide unbundled, as-you-need-it help from an actual lawyer. It’s easily accessible through the LegalYou platform. The idea/best part? You only pay for the advice you require. No more. What a concept!
LegalYou was conceived, designed and equipped to make you totally self-sufficient in court. We’re talking a legal independence you never even knew you could have!
So, what are you waiting for? You could have been revolutionizing law already. Head over to LegalYou and have a look around. Get lost in it. Because the next time you have to go to court, you’ll be happy that you did!
Well I just found out from my attorney that I don’t get anything. I guess the contincetcy in my contract with them was 10 percent of what the foreclosure suit was for. What I don’t understand isn’t the contingentsy part of the legal fees or cost ? Also what about damages I guess I need to find an attorney that will take a percentage of what they can recover. If that’s even possible. Any ideas from anyone ?
It’s been so long since I signed the contract with my attorney I didn’t remember that the contingency also covered any fees they collected up to 10 percent of the foreclosure suit. Still I think that should be considered fees it cost because now I get nothing. I’m als thinking maybe I should try and find an attorney that would go after damages and still try and get my money back. Is that possible ? I haven’t signed off on anything
They are a bunch of clowns!! Don’t even know how to properly draft a deed, let alone defend a client from the wrath of corruption. Wasting your money. JMO.
TonyP
December 29, 2015 at 1:17 PM
LOL. Thanks. Just hear them bragging / posting about the foreclosure cases they are winning all over Florida.
I went to them back in 08 and they wanted my first born to defend me. Seriously, they wanted a percentage of any loan reduction and for me to sign a sign a second note for it and a monthly fee. That was back in 08 when a lot of homeowners were being taken advantage of by lawyers, so i doubt if they are still doing that now.
However, they have been winning a lot of foreclosure cases and appeals lately. I know that for sure.
Kent
December 31, 2015 at 8:16 AM
Well I was just notified by my attorney that they settled the legal fees and cost to satisfy my contingentcy It wasn’t even half of what I spent over the last seven years Do I have to accept the settlement ? Oh and by the way they didn’t win the case the bank took a voluntary dismissal
Mick
December 31, 2015 at 8:54 AM
Kent,
You NEVER Have to accept a ‘settlement’, however, You do need to keep in mind that IF You choose NOT to accept, You’re still on the hook (at least for the time being), for ALL that You already paid. IF getting HALF of that back is viewed as better than a sharp stick in the eye, on the day when we try to reconcile at least the Last Year (if not the last 7 in Your case?), it’s Totally Your Call? They (plaintiff’s counsel) MAY counter again w/a different offer, however even the COURTS don’t like when ‘legitimate’ settlements are refused and the Court is required to enter again in to the case to make determinations for the parties.
IF You had a gr8 Judge, perhaps You’ll get it all? If You had an unreasonable (aka former Bank Lawyer or former Bank EMPLOYEE) JUDGE, You may well walk away w/zip/nada/zilch shy an APPEAL on the issue?
I know it SUCKS (just went through almost the exact same thing w/a recent settlement where we accepted 1/6th of ACTUAL Losses for the last 5 years, & definitely not what EITHER Party was happy with, after a 6 hour mediation, however the alternative was at LEAST another 2 YEARS of continued litigation? I wanted it over apparently nearly as badly as they did…& they stroked a check for larger than any other this year statewide, so those bragging rights are also better than that ‘sharp stick in the eye’, whether now or later, and NOW is always better), but then again, You do realize You get to throw MORE Money in a Potential Hole when You decline the settlement offer, AND You get NOTHING until after the Court either Decides in Your Favor (which IS Likely since they voluntarily dismissed), however including an appeal if the Court didn’t go Your way, it’s another 1-1.5 years and tons MORE Fees to prevail at the appellate level? Do YOU really want to go there?
Again, I Can Relate (better than most) Right Now, & personally think a CHECK to start the new year versus a BILL isn’t a ‘sharp stick in the eye’. Remember that settlements aren’t about Your “Satisfaction”…as our mediator said: “Everybody leaves the mediation hating me….but it IS OVER, and while You think You deserved MORE, they think they should have paid LESS, and nobody’s happy, but afterward, ultimately, everybody’s glad it’s over, and it IS Over.” <–direct quote. 6 hours later, he was right. You can Always Use Your check to secure new counsel.
HTH,
The bank took a voluntary dismissal without prejudice after almost 7 years We have filed a motion for attorney fees and cost back in October and my attorney just told me yesterday that they filed a motion to deny us. Now my attorney informs me that they are going to cease taking out my monthly payment. Not sure what that means
once a case is dismissed, you do not have to pay the lawyer again until the bank refiles for a new foreclosure. some folks pay a retainer then a monthly payment, and some folks pay One price for the entire year. just depends on the law firm. voluntary dismissal without prejudice means they can come back and file a new suit. what we need to all find are lawyers to counter sue the banks. would love a class action. i know does not pay alot but i feel with more individuals involved it has more teeth. i feel like each one of us alone fighting our own horrors is not getting anywhere. when cases are dismissed without prejudice whether granted by judge or voluntary that means the suit should not have been filed in the 1st place and we should be awarded lawyer fee’s
true, I called evan rosen, not taking on new clients. ice firm if you like the young and inexperienced. these foreclosure firms that have expanded since the crisis, I would be leary of. most want to drag it out to collect monthly fee(to pay for their firms expansion of employees and locations), meantime you the victim are getting deeper in the hole with the bank. I been fighting going on 7 yrs, 3 lousy lawyers that did absolutely nothing except help the bank to put me deeper in debt. the lawyers don’t want to do the real work that needs to be done. Forget the game of who owns the note and if you want to stay, pay. work out a plan if possible but as in my case maybe impossible. went to ice firm to get judgement reversed. I was told they could not do anything for me when it was more like they did not want to do anything for me. im just saying think about your situation before you get attorney involved. if you looking for stall then a lawyer is probable for you but if you want to stay and can get a REASONABLE payment plan from bank then you will be better off. Good Luck to all and Happy Holidays!
There certainly are others, depending on Your location, however I’ll second Mike Wayslik, as he was sitting second chair at the Bartram Oral Arguments in front of the FLSC last month. Heard nothing but good about this guy.
Evan Rosen is pretty awesome (in Hollywood) and Thomas Ice in Miami as well. Have no professional relationship w/any of the 3 [yet].
HTH,
-Mick
Can I ask a stupid question??Why wont anyone get back to me on the procedure for actually printing the depo of Erica Seck?And do we log into this site??Im confused,,,is the passord I created for the paypal they made us use to but the membership??
Hello, Posting from San Diego California. Currently I am representing myself in San Diego Civil Superior Court. I was represented by 2 separate Attornney’s at different times. Our 1st attorney was dissbarred after filing our case, our 2nd attorney at his request was removed as councel due to me running out of funds and his office to small to go up againts a large law firm. This happened right before the trial. Our trial took place in January 2015, but my ability to perform on the day of trial due to my health. But we proceeded through the day. I did not submit my evidence although I have it. I have epilepsy and other neurological disorder and my thought process and ability to speak stopped. I am the Plainteff in the case and had been waiting for my day in court and I failed, sadly.
The case is still pending at “pre-Judgment” status. Defendants filed a Notice of Entry of Judgement or Order October 2, 2015. For attorney fees.
The case overview was for Foreclosure and eviction proceedings 1)breach of contract 2)fraud 3) wrongful foreclosure 4) identity theft 5)intentional infliction of emotional distress.
_____________________________
The day after trial the court had a “Minute Order” titled “Tentative Decision Following Bench Trail” Reads as follows:
At the conclusion of plaintiffs case in chief on the Jan 6, 2015 defendants made a motion for judgment pursuant to CCP section 631.8. A motion under section 631.8 is the bench trial analog of a motion under CCP section 581c(a) in a jury trial. Such a motion may only be granted if the court finds, after considering all the evidence presented by plaintiff, that plaintiff has not carried her burden of proof as to at least one element of each cause of action presented for decision. A motion under section 631.8 shortens the trial by dispensing with the need for the moving party to present evidence. Heap v. GeneralMotors Corp., 66 Cal. App. 3d 824, 829 (1977). In ruling on such a motion, the court is entitled to weigh the evidence, and may disbelieve witnesses. Greening v. General Air-Conditioning Corp., 233 Cal. App.2d 545, 550 (1965); Roth v. Parker, 57 Cal. App. 4th 542, 550 (1977). The court is also entitled to draw conclusions that are at odds with expert opinion. County of Ventura v. Marcus, 139 Cal. App. 3d 612, 617 (1983). A motionunder section 631.8 may be granted as to some, but not all, issues. Swanson v. Skiff, 92 Cal. App. 3d 805, 810 (1979). When the court grants such a motion, it must thereafter follow the procedures required by CCP section 642 and CRC 3.1590.
This is the courts tentative decision in accordance with CCP section 632 and CRC 3.1590. The tatntative decision will become the Statement of Decision (SOD) unless either party takes the steps called for in CRC 3.1590. In this event the court designates Defendants attorney to prompltly prepare the SOD. It must incorporate this tentative decision in Haec verba (although the SOD may go beyond the TD. Plaintiffs take nothing on the SAC.
__________________________
Presently, I have scheduled an Ex-Parte hearing with the Judge for Tues. Morning December 8th. I noticed this past week, after reading the tentitive decision hundreds of time over and over there is an administrative error of the date of the contract. It reads on March 2009, plaintiffs entered in to a written agreement with defendants to modify the 2nd mortgage. The correct date should read on MARCH 2010. Reflectiong the correct date would explain to the court why I was unaware of the foreclosue that took place May 7, 2010. Our modification agrement was signed notorized in March, returned to the 2nd lienholder 1st of April, and May 1st 2010 the modification went in to effect. We were blindsided when the 2nd lienholder foreclosed. Never did I live in my home for free, I paid the 2nd lienholder throughout the approval period and was current on my 1st loan. I was shocked.
Additionally, I want to be able to submitt my evidence to the court?
Thank you so much to everyone that takes time to read my post! This has been an eye opening experiance. I feel my case shold not be ignored due to technicality, as our court should partake in a game knowing I would fail horribly because of me reprensenting myself. There is definate bias in the court system to those of us without attorneys. Trust me I tried to find legal assistance but it is difficult for an attorney to step in, so late in the game.
Take care!
have to watch those dates Lisa, the further back they can date summons, anything to show that you appear to not have been paying for a longer period. It makes us the defendants look worse and more “deadbeat”. going thru that myself. Get your evidence in front of the judge asap. I am working on same.
Courts are mathamatical machines of sort…they follow what is presented to them and spit out a conclusion based on what they had in front of them…obviously you did not do a good enough job and withheld what evidence you had from the court…you must seek co mpetent licensed advice from someone who knows this judge and courthouse to decide what few options you may have…
If I were you, I’d try to reopen the matter and set aside the decision for cause… and try to get the court to rehear the matter on the grounds you have a handicap that the court did not take into consideration and you need more time to adequately have competent legal counsel appear for you.
After loosing 2 homes to absolute fraud, the only way to put an end to all these fraudulent foreclosures is to demand that LOBBYING is put out of business because it’s bribery of all sorts of our public officials who are allowing the banks to steal our homes….if the illegal actions of bribery is to end, it must end with closing down K-Street in Washington. I believe with my entire heart and soul that if this were to happen immediately, EVERYTHING would change and Courts would do what they are supposed to be doing…protecting American citizens from fraud….it’s a better direction then continuing in this game plan of corrupt Attorney’s, Judges and court system…we can’t win if we play by their corrupt rules….try another direction with a petition to close down the illegal business of LOBBYING….just my thought this horrible morning after yet another shooting on American streets!!!
Bobbi maybe solutions for some but my loan mod is 45% of my income with 150k on the backside they want to add to and when I sign be declared as principal. Not sustainable for me. I’m sure I will be one of those stats probably on the short sale end. I was told today that living without
Health insurance was less important than paying the mtg. Well if I agree to this mod I will soon be 6 foot under I don’t know where he got his stats from but they seem minimal
BOBBI SWANN
December 2, 2015 at 12:01 AM
EXACTLY!! Hope Now is funded by Fannie & Freddie (surprise to some). For them to inflate such figures makes them look more and more like the Good Guys. Hope Now was supposed to help those in need under the threat of foreclosure – so do you see the how ridiculous that is?! Does anybody really think that Fannie & Freddie are going to support an agency to FIGHT AGAINST THEM? That’s why this article just made my blood boil as I know that most of this is just media hype. I urge anyone to read this article and let the author know YOUR statistics. You don’t need a microphone to be heard anymore!
Improving housing market. That’s a joke. I’ve noticed a slowdown lately don’t know if bc of the anticipation of rising int rates and prices climbing but both I’m sure another Obama facade to make him look good
yes agree hammertime, 1st mod said JPMC as successor to WAMU. never quite got that one! they really do not know which end is up. also saw a MERS corp signature on their financial affidavit of monies owed. definitely bogus looking paperwork, writing on both sides of paper, looked totally fabricated and the notary seal. I have seen several different seals for notaries in ohio, I question authenticity of financial affidavit. im sure the note was passed, only one endorsement though. also missing a couple of payments on their transaction record and I have proof of every payment I ever made to chase as whatever they are supposed to be.
Hi lms so u have them stumbling 4 different times so how do u know who is “Chase”? In court at least say purported lender called “Chase”. On each transfer, refi, server change is their a valid transaction? It’s important to be clear but if ur starting point is it IS a Chase loan OR even a loan they can keep stumbling and getting do overs. Chop off the head of the snake!
Hi Hammer yes I saw Garfields post today.working on deciphering it but still there is no proof of multiple proofs of ownership other than the different lender names they have modified me under 4 to date which is still a valid stand. they just cant get it together can they? I am going to make them stumble on their words. but first I have to make sure I don’t stumble on my own.
Great posts Trev, lms but too many people lost everything and didn’t get the girl this is a much bigger fight. For me it’s love and truth in Jesus’ name no matter what the end result. So u fight on or don’t with the truth
And here Garfield again gets down to the basics everyone needs to get. Lms this has ur name written all over it and can get u to quit calling ur loan a Chase loan.
the Lord & his angels….’they’ work in mysterious ways…you are exactly where you need to be… repeat….you are exactly where you need to be.
guilt…its like the skunk smell…even a little on ya…and ppppeeew…stay pure…look around…the good guys/gal win…the honest ones…the cheats get hung…hang em high….let em swing….in law enforcement ideology….we call it deterent theory. the ol skull on pole warning….very effective. sun tzu
you know trev, those that are sworn to uphold the law, not manipulate mind you. the python needs to swallow them whole. I really don’t see how they live with themselves, taught one way but live the complete opposite. I would not want to be in their python trailing shoes for anything. I guess that explains some of the jumpers, I would not want to live with myself either. we hanging strong Trev because we got the truth.
lms… i hear you LOUD n clear… I have answered nature’s call in Tanzania….in the very rugged bush…w lions roaring…not a zoo mind you…and just the thought of a 16′ black mamba travelling 35 mph on 1/3 of its body….just to tell me i’m now ‘ON’ the food chain….it was a very fast P…. i ‘get it’.
pythons in the courts….perfect visual. get in…get awarded…get out!!!
here’s the deal….. there was an intervention in the dark ones’ BIG agenda…. think of it like this….at just the split second that ‘satan & his minions’ thought they had it in the bag….it went through the bottom of the net….tore a whole the size of rhode island in it…. nearly gave the Pope a ♡ attack….and knocked humanity on its arse….. some dark ones have gotten up….most will never….they’re done….dark HATES light…..
think of Oz…’I’m meltinggg…..’ & that ‘they’ are. amen. Not a day too soon.
With that said….there will be no ww iii….no FEMA camps…. no American Holocaust….I know it f.e.e.l.s otherwise but stand strong….remain ultra vigilant….we have help from above….litterally. hold on!!! keep the faith as Billy Joel might say.
FL….ah yes….another Rep. snake infested ‘thou art worthless lest you have millions and look…drive….make deposits…like us States’….I know the type (s) far too well….
ID…its missing-a-few-helix proteins cousin…
Those robbing you et al…. will be held to atone…that much is real….foreseeable and worth mentioning. When…how much…which court….those are not entirely known….in the works. Use CFPB for reporting….papertrail….etc…. file Qui Tam… remove the attorney X factor…. they all suck…too much ego…too unpredictable.
Many Judges & Law Enforcement Elite….bless their overburdened souls…are starting to ‘come to’….and you will see a war for justice mounting….the snake….to use your metaphor has begun to eat its own tail….let it. Good ones will fight for the light soon….once it s
i
N
k
s
in…
You….stay optimistic….informed…aware…find your path out of hell w a settlement amount that will allow you a fresh start….FL in 5-10 years will be a reef….so the joke is actually on the corrupt Corps. The Blackstone Groups or whomever…..their stolen goods will be sunk like lost treasure by tide shifts sooner than you are being told….and that too is by design. So plan on an exodus but get paid first….then exit stage left….
Good Luck x3…you’re not alone and no….the dark ones never go wo a fight….and oh boy…they got one coming…. they brought it upon themselves. The Big Bully got his horns handed to him….just before being tossed from the rooftop. Splat. No tears from me….maybe i did it…maybe i didn’t….????
Enjoy the show….if you’re still standing (and you are) you’re a winner in my book.
Hi Trev, I am in 80-90 degrees of hell florida, would trade for the cold in a minute, pythons larger than life here and in the courts too, mosquitoes sneak and bite you all year long, much like the court system here, corruptness abounds here. the devil is taking over everywhere
Yes keep making complaints and would be good to see what Trevor has w CFPB. The timing is now to put the pressure on. I’m putting together way to bring info on cases like ours and coordinate complaints and possible campaigns. Again whether they respond or not let’s get them on the record and not let them use us when thry say they’re against Wall St and for Main St bs.
CFPB…. Dennis K…. Elizabeth W…. two indiv. I respect…. from afar. I say this bc. Ws I type this I to be clear…I am not mad at them….I am however VERY disappointed in their approach to ‘settlement’. I do not think my expectations were too high….if anything…they were too low. Here’s the skieewnny….
CFPB throws around massive judgment figures…. $100m here… $2.125b there…they sound so serious on the phone….’you have ONE chance to claim w us…..is your file complete….blah…blah’.
They are SUPER at process….but when you go through it….they are NOT there to make you whole….hardly. And for me….I waited years for them…so the letdown sucked. Think antartica….you hear supplies & icebreaker are coming….you hold on…hold out….the what arrives is a can of soup and a photo of an ice breaker….more of another slap in the face than anything else….another WASTE of an opportunity to get it right…..like if the cops chasing the crooks who just robbed you of house n home….not robbed your house..no….STOLE…the whole gd house n the equity you had in it….as if those law enforcement personell had squirt guns….like watching them in a shootout w squirtguns…
CFPB led me to believe they were formed to make crime victims whole…..hardly the case Ocwen’s $125 million in penalties ÷ 400,000 crime victims…well….i was fighting for $350 or a mobths worth of groceries….
To hell w them… I lost $350,000 and my neighbors (whom I adored)…my community…my credit….my safety….my dog’s safety…nearly 10 yrs of stress….
Fraud is fraud…so now I am going after Ocwen’s CEO + BoD…. w a limited CA…100 max… I am foreclosing on them…
Karma is circular. Want more play-by-play? Reach out 208.703.9525 mst.
or trevor.hitchin@gmail.com
Yeah….read the fine print….
huge figues ÷ huge figures = tiny figures.
Figures. I’m going Qui Tam…. straight to the ♡ of the FRAUD ON THE COURTS.
Boise should be listed as #1 city for corruption & fraud… the Mayor’s brother was my judge in my other loss….Christopher Bieter.. . . the deadbeat didn’t even show to Court. … !!!
Awarded FretLife Summary Judgement…..I helped take them out…w help from Dept. of Comptroller….out of Texas.
Now I have to report the db Judge & the sleazy female attorney MetLife hired to molest our Courts….to FBI….DoJ….Idaho Bar. Bar Council…. I’d rather be bird hunting w my father & Ithaca…. total time suck…. just like the FRAUD Mayor Bieter & his Brother allow…. stay tuned…. my team will chew up this filth…will be victorious….will do it w truth & style….so that IT WILL NEVER HAPPEN AGAIN to anyone in Idaho…. they will be brought to the light so to speak.
If you are going to rob/rape someone….it may help to know exactly WHO you are stealing from. My team….ww….ooooooh….they are v. V. angry w the corruption in Boise….Mormons are not used to being called out. . . Catholics either for that matter.
I am neither…..just a believer….a believer in truth & justice……you know….
‘The American Way’.
Our last Mayor went to jail. It may happen again. …. who knows. Rotten I tell ya….
Hope this helps connect some *not all* of the . . . . . . s
17′ degrees in hell….as I send this.
brrrrrr.
¡todos!
CPWBTDHK
777
Trev
November 29, 2015 at 9:22 PM
….and sorry for the typos…no feeling in my fingertips….typing on a phone…the pain meter is high today….very upsetting topic.
cfpb…. waste of high hopes.
Peace all. Still my trailer *rental* is warm n dry.. plenty to be thankful for. plenty!
lms… no. As of today I have lost all confidence in cfpb… waited years…weak cavalry….worthless…spineless…gummers…i need fangs at this point…so follow my tweets ‘Indigobro’.
I have invited others to join….limited class action (100) and will wait for anyone who wants to join….Idaho Courts are ROTTEN…so it is my hope my ‘Qui Tam’ claims…. will ring some bells here, there, everywhere…
MetLife Home Loans CA #1
Ocwen + predecessors CA#2
(Am home mort…. Homward…Ocwen)
also invited MKULTRA survivors into a third limited CA#3…
It is my hope this will protect us from sleazy db lawyers….and will stab the ♡ of this hydra beast…. 1nce&4ALL… or for 100 of us at least.
Targeting May 1 for filing in Ada County w DoJ & FBI copied on everything.
If they don’t ‘get it’ by then….they never will… god help us all at that point.
I’ve done my part & then some….& then some more…. nobody likes a quitter. 😉
My case has been voluntary dismissal but I know they are going to refile. Now if the FSC won’t let them restart the statue of limitations they can’t refile I guess it will be a couple of months before we know on that ruling
I am speaking to my congress person. I am going to let her know that this foreclosure crisis is far from over and let her know about my personal dealings with the bank. don’t know if it will do any good.
I cant believe the judge keeps letting them reset hearing. obviously they cannot prove ownership. I would motion to dismiss, its enough already. these courts are just determined to give them multiple chances to steal the home. on the affidavit of amts due and owing, it is checked that chase is the servicer and holds the note, yet they want to claim fannie mae is holder
Two things about that. The AG in Florida negotiated a nice settlement for the state and if she were to try and help us little guys it further her political career
why would a MERS person sign the affidavit of amts due an owing if there is no evidence that MERS had anything to do with the loan. anyone ever seen what a ohio notary seal looks like. I don’t believe this Kimberly mcclanethan was authorized to sign.
Yeah Hammer I agree. I believe that when Ronald Wolfe was acquired by Brock and Scott that they reviewed my case and wanted nothing to do with and they dismissed it. However Chase has now Hired Shapiro and Fishman. About 2 weeks ago I got a debt validation letter from the and told me I had 30 days to respond. My old case was reopened. Y my attorney to get legal fees and cost reimbursement to me. So if they had done their homework before they sent that letter they would know they can’t do anything til all pending motions have been ruled on
I never heard of JPMC specialty. that’s a new one, but they are under the same umbrella. but don’t know anything about corporations. seems if the note was assigned to someone else, they should be the one initiating the fc. what does the judge say so far about the dates and the owner of note/mtg
We had 2 trial dates set this past Nune and was cancelled They have also claimed they could provide the original note at anytime which they can’t. They didn’t attach an alonge with the complaint or any transfer of instrument to prove standing either There are so many holes in my case that I understand why this hasent been put to rest
Yeah Chase claims my note was lost or destroyed anywhere from 2006-2009. 2009 is when they got an assignement from Citibank. My foreclosure suit started in May of 2009 filed by JPMC SPECIALTY MORTGAGE LLC. JPMC didn’t have an assignment til November of 2009 They claim it’s the same company but if you know anything about corporations JPMC is t the same company as Chase. I’m reasonably sure Chase is an s corporation
that’s right hammer, so they could further steal our property rights. AG in fl not very helpful. go to her website about mortgage fraud and it says beware of people trying to commit fraud to help you with your home, big whoop. never talks about the too big to fail banks. they are the worst ones.
The Republican Congress and corporate Democrats didn’t want any regulation or settlements so the AGs had to fight to allow us private action on guidelines violations. So u or ur lawyers have to make the case. Did u state violations and were ignored? Could be another mark against judge, court. I’m being railroaded, fighting bias as I’ve submitted multiple estimates, requests gone through multiple inspections while tenants were turned against me and funds not released so I could stabilize and move forward. So this is all gravy! At same time fighting Chase /PennyMac w one hand.
that’s the thing, shouldn’t these settlements, class actions, and whatever else we have been a part of and believe me I have been a part of them all. should they not trump the local court. chase clearly breached me and there was a class action with 5-7 states involved but it has never been brought up to the judge in the local court. it actually helps to prove my case and I fully intend to use it.
Hammertime, get your own guy out there to evaluate roof and make sure he is licensed. estimates are free. get as many estimates as you can and take the best 3 to court to show they are just bullying you.
Kent thats the kind of thing homeowners don’t react to or demand accountability like w settlements. The best example of using banks own admission was former FDIC I think employee lawsuit, Mains? re action WaMu possibly Chase.
When ur business is destroyed, credit and they take away only income left property condition becomes their excuse. But we do have rights abd their admissions on settlements. Ur right though I’m documenting their manipulation and guy told me there was just minor patch work and tenant actually joined in and asked why they needed to replace whole roof since there were no leaks. These guys are beyond arrogant and think law doesn’t apply to them. Even if they have everybody fooled and bought off.
heard that to Kent, but in my case I believe chase never sold it off period, they use fannie mae as a front to hide their bad dealings . fannie mae is a cover up for the big banks so they don’t have to prove ownership because they have destroyed the paperwork
the one thing is to keep the property in a livable condition that way it gives them no reason to enter on the property. my neighbors have no trespassing signs all on their property and the one next door that got foreclosed on and they keep the properties immaculate. they obviously want to keep from being further served I know they are dealing with BOA scumbags. every mtg says the property must be maintained along with all the required insurances to bankrupt u further. sounds like they are just bullying as usual. what exactly is wrong with the roof. is it leaking and causing interior damage then it has to be repaired and they will stick you with the bill but if there is nothing really wrong , then they are harassing you. fannie mae/reo people that work on these foreclosed properties are just little people trying to make a buck. they don’t know anything, but sounds like the msg. got thru to pennymac so lay low and see what happens next. if more of those workers show up you can scare them away with a big BOO!
I’m living the nightmare with PennyMac, investors, local gov’t and side of criminal court to go with it! Last week tenants told me the “bank” was sending people to tear roof off and replace without telling me. I put out trespassing and unauthorized repairs sign. Looked like they didn’t show. Yesterday I get home and there’s a guy on the roof. I take pictures and ask him to come. I tell him he’s trespassing and to explain what he’s doing. He has no documentation and plain white van. He’s apologetic thoigh and said he wasn’t told anything. On the other hand he said contractor did show up but didn’t go forward and when they told PennyMac they were fired.
if the judge had power, maybe they would do the right thing, the judges are puppets on a string. if the chief judge allows the fraud to continue in their circuit then it is obviously much higher. contempt is a scary thing yes and the quickest way to shut the truth up. I don’t know who u r speaking about but all I know is under my house is a bunch of sand and dead lizards
He had to stop me because the fraud was staring him right in the face. 2 completely different signatures it was a blatant forgery. Also the document was so fake a child would see it. They basically forged it put the papers in the sun for a few days probably palm harbor fl then stapled it over and over. It was to intimidate me or a crack would be exposed and all you guys would have had a precedent to use in your cases and he would be the idiot down at the lodge that that screwed it up and he shut it down and my lawyer did nothing it was a game of squeeze this guy out it was me vs my lawyer, the judge, chases lawyer. If I peeped He would have gave me contempt. The power a guy in a robe has is astounding and unfair. Sit up there like big fat cat kings, rise everyone. How is that not retarded what guy is not gonna be filled with ego.
On the digging wasnt the guy the other day saying something about they wanted what was underground his house boise or something, wtf?
Pal very interested in your theory. why would the judge threaten you in court like that? I think I am dead on with Blackstone and Chase. everyone who has bought foreclosure on my street has only made the house look worse. stacks of brick in front of one house, another lady bought and had some yahoos dig up her plumbing in the back yard. they must have went 5 ft down digging and came up with no pipes (though plumbing problem), pulled no permits to do the work and now those yahoos disappeared weeks ago and all is left is 25’x30′ holes on each side of the house. Its an accident waiting to happen. and nobody is doing anything about it.
and Blackstone and Chase have several rentals around the immediate area. they bought 3 on my short little street alone. there are only 8 houses on each side of my street from top to bottom.
Lms I’m saying what may be possible as to TILA. If they don’t respond within 20 days note is void. If the loan mod offer is invalid grounds to dismiss/vacate? Or make strong counter as an answer or motion and u have them on the record. But u gotta question not just the offer but standing and debt. They may have opened the door for u. Could be real interesting. Brainstorming here.
Make counter offer stipulating they verify debt, standing.
If they can’t then dismiss judgment.
Or given new evidence submit notice of rescission within case or wait until case dismissed if no sale within 20 days.
Pal. Not quite sure what u mean we r being watched. I just know blackstone group is all up in this area and chase is holding their note. That is what I suspect. They want to scoop up my place to securitize the rental income because these properties rent for up to 2500 where I’m at. In Florida non homestead property brings more tax revenue for local and state govt. and then u have the smaller investors. What exactly r u referring to? Also my dog got real sick and died. Not quite sure what happened there but now the others stay in house all day. I don’t let out unless I am home.
Lms then sounds to me like u have no reliable evidence of a valid transaction or in TILA terms NO CONSUMMATION if it applies per TILA requirements and procedures. If you can do so within current case context or get out of it somehow and there is no sale within 20 days this could be ur window. If u send notice u will have flipped the tables and they have to go to court and prove standing and debt per my understanding not legal advice. Think it through but don’t let them dictate or off the hook.
Yes. I want to counter but not sure if I counter with bank directly or thru court. Never know who u r dealing with at bank or court either for that matter. Not sure if result would be better or worse depending on which way I negotiated
Hammer. The only recorded doc in public records is the mtg. No assignment of ownership to anyone else but since judgement. They filed assignment of right to bid to Fannie. Now they r giving loan mod under chase as lender. If there are others involved and I suspect there are but it is not disclosed anywhere in public records in the county? Where else would I look.
Lms id say u need to go back as far as possible to get a handle where Chase inserted itself and demand proof of valid transaction per the settlement guidelines. Like I said compare what’s in county records, your documents, MERS etc which u can do on ur own or with tools I’m putting together w trial group. I need to nail down court options or counter offer to loan mod offer. In counter offer u can force them to address and/or put them on the record!
Yes Kent incompetent is the word for Albertelli. I don’t think they understand any of the papers they file with the court let alone what belongs in the right file. Is that grounds to go back to judge. If not it should be because if nothing is ever said the wrong papers will stay there 4 ever because I’m sure once they have judgement on a file they will not backtrack it unless they r forced to.
Hammertime. Yes I believe I have new evidence. I think I am out of the timeframe for Tila rescission plus there are numerous errors in the paperwork in my file. They claim a loan was made with some bank I never heard of.
I couldn’t believe what I was seeing at first then every time I questioned anything their “responses” got worse and worse. I had the chance to challenge and not acknowledge them from day 1 and then after 1st and only lawyer on false offer. On the flip side u can’t acknowledge the default in court and give judge no choice. Those trapped need to find new discovery or revive TILA rescission or other defense imo. Garfield, jurisdictionary and other legal aid advise on way to present in court and allow judge to make conclusions.
Understand Kent. U can’t go accusing unless u have the proof. But as many loan mods they have reneged on in different lender names and now they r back to chase. Something is rotten in Denmark.
understand Hammer, I guess that means, I need to do a written request for the PSA if one exist. Its hard to go back in after they got judgement, but maybe worth it. the first loan mod they reneged claimed that Chase was successor in interest to WAMU, the second loan mod was Chase Home Finance, LLC so I know there is something real screwy with my paperwork. They never wanted to honor the two loan mods they reneged on for a reason. they also hid the first one from the courts so that maybe my saving grace of new evidence of fraud to go to the court wth to force them to give me a reasonable loan mod or else. Im not sure how judge would react once they have judgement though. don’t know if fed. court would be better. I can get help in the fed court where the cty court here would probably throw me out.
As attorney Rosen said never bring up fraud in court let the judge do that. If your case is strong they have no choice but to rule in your favor. I like you have been fighting Chase for seven years. Now this will be the third Lawfirm representing them
Pal ur exactly right on land records. The cancer has spread to real estate “professionals” , investors from small to corporate. A couple of years back I looked in my area and tgere was a property that stuck out like a sore thumb. It was listed as an llc and had about $6 mil balance on $500k property. I raised this as an issue w local officials but they played dumb or it was over their head. I looked in lms area and it looks like properties have a bad case of MERS. NEWER filings that look like part of overall cover up. There’s a movement to audit property records at city and county level so this isn’t the time to give up even if uve lost ur home.
I had a house next to me that was foreclosed and the lady had BOA as servicer and I looked on public record and saw one of those MERS doc recorded. I did not check the date but I could swear that was files after the foreclosure. I only have chase mtg doc files with my county, no body else, no other deeds or assignments, nothing. that’s why chase has always been the holder and everything else. there has never been any evidence that I was part of a trust but Chase has strung me along for 5 years claiming the investor has to decide. if I were to let my house go, I just wonder what fictitious docs besides the ones the courts add in would pop up in public records and to look at this loan mod I got, it show chase again as the lender and the notary for chase’s signature appears to be in Michigan. I was told it would be recorded but I have my doubt and if the 175k they added on the back end is for servicer advances, they can shove that 175k up their a** and then once you sign the 175k becomes principal of the loan, what a maroon.
Hammertime
November 28, 2015 at 3:34 PM
Ok that is where u can make a breakthrough. The bankster and real estate people want you to believe that whatever is filed w county is all that matters. Whenever u say it was always a Chase loan is exactly what they want u to think. They used exact wording w me althoigh their people were referring to my loan as a WaMu loan! Then I saw that MERS had old loan as active w different investor / servicer 3 yrs after closing! If there’s fraud involved the point is we DON’T KNOW which is why you don’t acknowledge pretender lender or bogus debt if u have no PROOF of their claims besides fraudulent filings w county and everywhere else. No matter what u know u need to look everywhere the “lender ‘ or “servicer ” COULD BE listed. If there’s any possibility of multiple claims or fraudulent transfers etc there’s ur cloud on title and u can tell Chase to stuff the whole fake loan.
Pal
November 28, 2015 at 5:48 PM
What will be recorded on property record after all is said and done is fannie will own the home. Our good old government owns our homes. Maybe some syrian refugees will be living in it soon. I keep planting seeds in the conspiracy direction because I think the guy the other day said it, it seems they targeted us for some reason wether it was clouded MERS homes with clouded titles and they jumped ahead of it or some other sinister crazy plot to steal our homes I understand greed and power its in everything but my gut is kicked that this is much bigger secret group with a much bigger overall mission. Sleep on some of the small nuances of all your situations, like I stated who the f#%! Takes helocs and refinances over and over every month for years look around your block and you will know who knows something. By the way look now after this all hit none of them refinanced again since. If you look at who these people are they will always be tied to a person in the know usually all government employees or members of some local lodge if not a secret club. Find just one of these people in foreclosure you cannot, no connected person to the KNOW is affected period. These are the ones now scooping in for further vulture kill or be killed and investing in the carcasses.
as my judge hit the gavel I yelled I would like to speak and have my day in court. The judged looked not at me and my wife who have suffered years to get to that moment, he quickly veered over and said to my lawyer I want you to listen to me if you allow them to speak I am warning you they could fall into “unintended consequences” my lawyer shit his pants and waived my right to speak.
i knew that moment its all lies, everything we as americans were raised to believe work hard, do the right thing, justice, the american dream, the system is pure 100% corruption.
If you have the heart by all means fight. But we realized quickly how bad it is. As hard as it is to let it go for Justice sake. The major issue is you dont have a chance its like a lottery that could only be if some major press in your case could get out but that wont happen press wont say a peep their owned.
The emotional soul toll wraps you up in their clutches and they are well aware of your pain and know its to their benefit to drag you around for years if they have to they may even literally feed on it.
I want to cheer lead every single effort you make and high five your battle victories. If I was your brother I would tell you however its fixed dummy! They are all in on it! Like we were saying with Trev the other day judge, lawyer, realtor its a big show. If everyone starts to look under the veil mostly all foreclosures do not happen to certain people right in your neighborhood furthermore Ready!
Search your towns land records and look at “certain” peoples past documents one after another every few months heloc, refinance over and over these are people that do not need a heloc to refinish basement, pools. These my friends are the ones near you that are in on it and stay far away from them they are waiting seeking to devour you and your family. It is not for fixing up the house its money laundering and its how they get paid for being foot soldiers gnashing of teeth. I have seen this go on too many times people kept fighting trying to go after the judges bond, the whole sui juris thing, complain bar lawyers. Get a tiny house and a tiny job low overhead and enjoy freedom while it lasts live just outside their matrix as much as possible. Save the toll, soul get to peace and love thanksgiving wait for the day of justice it feels like its coming soon!
pal, this generation needs to leave the electronics alone and wake up to what is really going on here, Americans are losing their property rights, one of the most sacred things that make America great. these kids are saddled in debt, student loans, etc. I have seen so many newly built apartment complexes go up in my area because people either cant afford to buy or do not want to. Black Friday makes me sick, people getting in more debt. I have never ever lived beyond my means yet Chase is trying to blame me for their BS. Yes it does appear to be a losing battle in the courts because the entire govt system is reaping benefits from the fraud, but for now we have to do to know we did all we could and none of us should settle for less even though the deck is stacked against us.
Pal
November 28, 2015 at 10:16 AM
Amen, I had one of the most open and shut cases I win, nope. They shut it, everyone of them everytime. I screamed from mountain but your pushed further in weeds until your suffocated.
You are so right we have let them own us long ago. Just think of the snake oil salesman. See this 10k worth of 2×4’s we will build you shelter with it on that land right over there its high demand walmarts a few blocks and every jones family wants to be here. But, you will have to pay 300,000k plus our vig/interest because were the bankers. I know you cant afford it so I will own you over 30 years of your toil and it will be totally worth it cause you will pay me 1million by the time your sixty. Sound good? Ok and also this tax guy here you need to pay annually for the land as well and our rates not fixed so every year of the 30 years we will raise that its not fixed rate. Ok and this insurance guy pay him to protect our interest in the home you own. Ok and this guy is land use board if you need a fence or want a pool on your owned land you need permission to use said land and a lawyer to get a variance. Ok and if bills are tight paying and you need xmas gifts this guy will give you a plastic card like your mortgage so your kids and you can still get what all the jones have or want displayed on our HD commercials. Ok and dont speed to get it cause our men in blue will hide behind trees in a 25mph zone just by walmart as your rushing to work to pay us and hand you a bill but dont fret they take credit cards now, and on and on andon and on. Ahhh home ownership the american investment, listen heres a bone all that interest its tax deductible its good debt. How dumb are we to have let this go on!
Kent
November 28, 2015 at 10:27 AM
Well said. It’s called the American way Aka the credit trap
yes pal and kent, and I would like to see more places besides the inside of a house that I will be enslaved to way beyond my death. unbelievable the loan mod, deeper in the hole! maybe I should give the new generation more credit. they know something we don’t about home ownership. the banks make it a drag on finances. as the state of Mass. says “LIVE FREE OF DIE” or that might be Maine, anyway I like it and am going to live the rest of my life by it.
Kent
November 28, 2015 at 10:22 AM
I recently saw where a guy was running for state representive here in Florida and asked him 4 times what was his plans on the bank foreclosure frauds commited here in Florida and he ignores my question Obviousley something he doesn’t care about. Our attorney general Pam Bondi could care less as well since it won’t her climb the ladder if her political career However she negotiated a really good for the state with the banks but didn’t help one single homeowner
Pal
November 28, 2015 at 11:27 AM
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
I agree w most of ur specific recommendations Mick but lms and i have been fighting Chase for years. Hopefully she has done what we’ve recommended here. Like u said all she needs is one violation or breach which we all layers on top of layers BUT THEY ARE IGNORED DUE TO BIAS AGAINST US! No report is going to change that while some lawyers now offer free analysis. I believe LMS has hired lawyers in past and they prob abused her ans broke the law. We have to keep engaging and involve officials tgat aren’t doing their job.
I agree w Bobbie as well but we do have laws and agreements but tgey are NOT ENFORCED. That’s it’s not just about saving homes which imo was Occupys mistake or as here in LA tgey got their compromise ie “sold out?” And went home.
We don’t need to get into 100 yr old agendas and quit following individual agendas. We need to focus on facts and the deprivation of our properties and other rights as a group.
agree with you Bobbi and Hammer, will not change anytime soon. obuma in bed with bankers. the dems side with banksters. Hammer, had cronie attorneys who sided with banks attnys. never brought up the pertinent facts about the breach. my only hope now is go back to get judgement vacated on grounds of items that were not part of discovery which I have, the bank’s attorneys misfilings of papers that did not even pertain to my case, ex.some loan that I never had with a bank I never heard of, and they hid the breach loan mod from the court. any other suggestions are welcome. I could take loan mod they have offered me and get judgement vacated that way and then go after them later. I am so confused. I do not want to sign the loan mod. is it true what mick said that I would be forfeiting my rights for a re-hearing in florida?????
Hammertime
November 27, 2015 at 4:47 PM
Lms weird don’t see ur post I’m replying to but as we talked on the phone u must review what u sign if there’s any such language waiving ur rights. Banks are already doing that w TILA rescission. You have the right to make a counter offer and demands re ur concerns. Even if ur officials are Obama haters or lovers u need to get them in the loop. We have to be independent and most of us fighting are one step away from streets or on the streets or our cars and not concerned w the rhetoric of dem/rep or deadbeat/free house. It seems that’s ur main stumbling block.
Mick, we are on the same page I think. already contemplating vacating judgement based fl. statute. on everything mentioned in your comments, more than 1 material fact issue not addressed that was left hanging. new loan mod stills show chase as the lender yet they claim fannie mae is owner/investor. there are no new deeds, quit claimed or otherwise. I believe chase has always held the note as well as mortgage and if not why are they giving me new loan mod under their name. I think they are counting on me signing loan mod and I will go away, but I have already contested the loan mod docs thru the bank for now while I figure out what motion to file. im sure albertelli will be back in there soon enough pushing foreclosure sale.
Mick. Chase reneged on 2 loan mods and I was part of a class action where they were sued for breach. That class action went on for 4 years and the bank dragged me like a rag doll. All I wanted to do is get a reasonable payment and move forward meantime I got slammed into foreclosure in 2012 and judgment in March this year the complaint was wrong saying I did not make a payment since 2009 when I was in a loan mod. I don’t know if it is too late or not but I feel if I don’t take loan mod. They will just push sale.
LMS, the key words are the first 5. THEY reneg’ed. They Reneged because they COULDN’T enter in to the mod. contract because they likely no longer were Either Owner or Holder of the Note (keeping in mind that SERVICERS don’t have authority over agreement on modifications any more than FC’s). They were sued for breach (far more than once) because, again, they were ‘negotiating’ (not really, but YOU thought so), when they no longer had authority to do so after having SOLD the Note[s]. All You need is one single solitary ISSUE to challenge, to file a motion for rehearing, (expires after 1 year…at least in Florida) and where I’d start looking is the CLERK OF COURT’s PUBLIC RECORDS! You likely have MULTIPLE Quit Claim Deeds already recorded against the property, trying to clear up the CLUSTER they created w/”final summary judgment”(which NEVER should have been granted in the 1st place…NO Question of material fact can remain unsettled for FSJ Order to be Granted), because they brought or completed the action w/o standing. Chase sold nearly 97% of all notes to REMICS via MBS, and they were PAID for Your note, there and then.
Stating in a complaint that ANY Payment missed that was PAID is grounds for re-hearing. You shouldn’t take the mod. as it’s a way for them to cover their tracks. DO YOU THINK THEY’D EVEN BE OFFERING YOU A MOD. IF they Had Grounds to SELL Already? Guess again, YOU and Your Stuff would be ON THE CURB…back in JUNE! There ARE (not ‘were’) MAJOR Problems w/Your/THEIR Documentation; the fact[s] that:
1-You’re still there, and
2-They Are Trying to do a ‘mod.’ (which likely they STILL don’t have authority to “DO”), and
3-They HAVEN’T Moved forward w/SALE Procedures,
ALL prove the point.
You NEED to either look yourself, or have a professional LOOK at everything in Your file of everything they or the court mailed You…because LMS, there Are Problems, holes in their case big enough for Mack Trucks to drive through; or You’d be typing to us via the wi-fi at a hotel/apartment/McDonalds after having already BEEN displaced. They don’t ‘allow You to remain as an act of good will….<–Banks don't know the meaning of those last 2 words.
Steps to take:
1-Collect ALL Your mailings from them, the Court, any attorneys involved on Your or the C/A Suit's parts.
2-Sit down and put them in 2 stacks (YOUR action in 1, the C/A in another)
3-Chronicle Everything in Yours by DATE, oldest to newest. NUMBER THE PAGES from 1through the end. Get a big alligator clip and remove ALL the Staples. Clip the Pile.
4-Find a friend or neighbor who has a good SCANNER(which does a min. of 30 pages at a time) [Note:Don't take Your monster REAMS of document[s] to Staples/OMax/Off.Depot as they all now charge $.50+/-PER PAGE to scan to a zip/flash/thumb/SD drive and that's insane. Just paid $187.+ to do 1 'on the road' away fm. MY Scanner this morning. Don't waste money if You can avoid it. Find a friend, dedicate an hour and get it done. Once You HAVE it done, anyone You trust to help You can download it in less than a minute, OR]
5-Take Your document to them and SCAN it to a (preferably YOUR) computer, SD or Thumb/zip/flash drive AND:
6-Upload it to an online hosting website (like dropbox), then reach out to either professional FC Document Examiner[s] (of which I'm 1, but only for FLORIDA…no other state), or ideally A Lawyer, or Paralegal and give them some time to go over EVERY PAGE. Once they've FOUND the reason[s] You're STILL in Your House, You need to file that Motion for Re-Hearing, because 'newly discovered evidence', fraud, fraud on the court, and/or errors & omissions are all grounds for rehearing, in nearly every state.
I AM NOT A LAWYER, never played 1 on tv or radio, am not giving You legal advice and HIGHLY Suggest You do Your own research and secure a competent Attorney who SPECIALIZES in FC Defense, as I assure You…something is rotten in Denmark [read=YOUR Bank's Documentation, regardless of what the COURT RULED!] and it's there in bold faced type, however they know their hands are tied and A MOD. is their only way to have You waive Your right[s] TO that RE-Hearing!
Simply put, CHASE took bailout money. They AGREED in that 'gift'(of our grandkids TAXES being unfathomable) to reduce principal and REAL Mods to correct former error. They've SETTLED Many Of those C/A Suits over failure to adhere to the LAW, both state & federal.
Promissory Notes, are exactly the same as Written and Signed CHECKS. Once 'endorsed', in Blank, they are checks, made out to: "Pay to the order of CA$H", meaning the HOLDER owns Your purported 'debt'. When they SOLD Your note, could THEY be paid more than ONCE for that 'check'? Well? Does ANY Check remain 'redeemable' for any FORMER holder of IT? Did they not ALL get paid when SELLING IT to the next 'holder'?
Why would YOU as a purported signor of that now 'negotiable' (AND NEGOTIATED…meaning already SOLD) instrument, allege YOUR Further financial responsibility to somebody You — USED TO OWE, but no longer do, because they ALREADY GOT PAID?
That's what a mod. will get You…confession AIN'T good for the soul in this case…it's suicidal instead. Don't give away Your rights without knowing what they were…FIND out out how bad they messed this up, FIRST!
Shutting up now because I just keep getting further behind every time I get a new email posting from here! <–I know, shame on me, however there's only so much to go around and running out of 'me' stinks.
hth,
-mick
I think plan of action should be breach of loan mod. they also did a good job of keeping it hid from the court until they got judgement. I have EVERYTHING to show I was in loan mod, all cashiers check payments for months until they reneged, kept paying them waiting to see loan mod recorded in county, then they made some lame excuse and wanted me to go thru process again. I have proved to them over and over that I can pay but they don’t want me to.
mick, I would like to speak to you, is that possible?
BOBBI SWANN
November 27, 2015 at 1:54 PM
I never did and never will understand why homeowner’s enter a loan modification. If any lender could (legally) do a loan modification they would do so wherein the paperwork would be properly signed, notarized and RECORDED. Noe of the loan mods that I’ve heard about or witnessed on my own, have ever been recorded. Mick is so hitting the nail-on-the-head. These bankstas don’t own the note and mortgage and servicing agents don’t have the authority to modify. Besides, clearly 80% of all mortgages are bundled up and sold in Trusts or REITS which makes it nearly impossible to do a loan modification since ALL owners of the Trust would have to sign as the “owners” of the note and mortgage. These loan mods were just a ruse to get more money (extortion) out of borrowers. They’re not out to help you save your house – they’re out to line their pockets!
yes bobby I believe you completely. I do not want to sign the mod. if chase has been claiming that fannie mae is the holder, how can they make a new agreement under their name. shouldn’t it be the investor. what can I do???
Kent
November 28, 2015 at 8:40 AM
I’m here in Florida fighting Chase too In my depossission Chases attorney told me it wouldn’t do me any good because my payment wold be higher than it is. Then turns around and sends my attorney a link for a loan mod. To show you how stupid they are. The banks attorneys last question to me was am I prepared to pay this in full today ? I asked well how much is it ? He responds with after shuffling some papers around and says I don’t k ow My response to him was then I can’t answer your question if you don’t know My attorney got a big kick out of that
kent in attorney lango ” I don’t recall” LOL these attorneys have no clue what u owe. they do not want to get that deep. they have to offer a loan mod. but they are no good. I contacted my congress person although I really don’t expect too much there, but I am going to let her know how they have tried to bully me out of my house. Now they are nothing short of extorting me out of it. blackstone group has bought up in the area. rents are high and they are just looking for another home to add to their securitization. I have known that for a while. they knock on doors around here asking people to sell. I want to believe like mick said if we have managed to stay in our homes as I have in mine 6 yrs already fighting, there is something the banks don’t have. I know standing is one from the complaint, also the day that they claim I have not paid them from is seriously off. I am in the fight mode again, not giving up yet! don’t let these POS attorneys intimidate you. that’s how they operate, the scare tactic like you need them. Just the facts officer and I HAVE PLENTY, whether they will do any good or not remains to be seen, but Me, myself and I are going to the judge with them. any attorney I ever had for some mysterious reason did not want to let the judge know how bad Chase has worked me over.
Pal
November 28, 2015 at 11:20 AM
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
yes the banks have broke down communities and destroyed lives. all govt wants to control us , cops, courts and all the other pathetic powers that be. they are the losers, insecure in themselves and their messed up lives so they want to mess up everyone elses.
I also found out that the first payment I made to chase back in 06 was not on their record. why is that, but the loan mod payments that they reneged on, they tried to combine to make up the old payment, but I have all the paperwork where they told me I was in a trial mod, plus the permanent loan mod that I signed and returned that they reneged on and it is all black the paper as if they were trying to conceal it from my files with them.
I go back to Bloomberg article that was a leak from the powers that be if we want to get deep. It described how there has to be a narrative that allows a bubble to grow with pure belief where no one questions anything even when truth is right in front of them. They were talking about China as if it couldn’t happen here but bubbles in general. Doesn’t matter who or why as long as people don’t think and don’t react.
HAPPY Thanksgiving Everyone,
answering fm. the top this time, caught in rural Hades w/limited wireless & having to prepare now a last minute motion for continuance (imagine this, Mag.Judge says [On 11/17…”Evidentiary Hearing GRANTED, March 8th, 2016 1pm”] Then Last night, get notice in Mail, “FINAL HEARING Granted, 1/12/16, 0900” Latter fm. Circuit Ct. Judge, Superior to the ‘FC Court/Mag.Judge’s decision)…I wonder who they’re going to SERVE NOTICE ON, FOR FORMER PLAINTIFF’S COUNSEL(as former plaintiff’s counsel has been disbarred & dissolved in FL., since 06/14)? Also have to file subordinate motions for subpoenas, complete another document examination, trip to office max for lots of copies, and 2 more examinations to complete just to make things fun on top of a ‘statement of transcript’ (highly unusual circumstance when court reporter was absent like Ham v. Nationstar, where orders were issued verbally); How fun can 1 Thanksgiving be? So much for ‘Family’ While we battle for their inheritances. Will be fwding samples to those who provided emails soon as I can,
Hammer, this has been a long term agenda since 1913 w/the advent of both the IRS and FED compliments of our infamous POTUS, W.Wilson. Back in those days when You couldn’t keep Your pants on, they didn’t impeach You for lying about it, they took the COUNTRY to the CLEANERS! THEN came FDR, brainwashing the masses that gov.org was the end all and be all to Every-Thing, capable of curing ALL Woes, then came LBJ w/a ‘war on poverty’. The department of Education’s job for the last 5 decades has been to DUMB DOWN both the students AND the TEACHERS, and finally the Teachers(Professors) OF the Teachers, to assure a brainwashed electorate/masses who are just smart enough to log on to facebook, twitter, and publish lots of selfies, however not smart enough to reason, use logic, and examine their surroundings and dilemma honestly; smart enough to be good workers, never smart enough to challenge ‘Authority’; 2 cents proffered. & FYI, there Are ALWAYS those who both THINK, and React….because IF, “IT” happened AnyWhere before; “IT”, most certainly CAN (And Probably WILL) Happen Here.
There are NONE so BLIND as them who CHOOSE not to SEE.
Praying a safe and enjoyable holiday to You all;
-mick
Pal, its about stripping our property rights permanently and as long as the courts go along with it, we are in trouble. if big banks like chase and real estate investors like blackstone work together, they will have all of America renting and not owning.
& w/75,000,000 MERS Securitized Mtgs out there already, they’re well on their way. Eventually the BANKS rule the world which is how they always wanted it.
YOUR Posting is exactly right and WHY Every FC, & FC Defense Lawyer is leaning over the edge to hear the FLSC’s Opinion and final decision on “Bartram”. as EITHER Statutes MEAN something, and were written by the legislature for a specific PURPOSE, or they don’t, and the judicial branch is out for anarchy as much as the Banks.
EG: WHY even HAVE a Statute of Limitations, for FORECLOSURE ACTIONS, AFTER Acceleration, AS A LAW, when the [purported] Lender/Note Holder/Servicer/Mortgagee, can simply, AFTER FAILING to prove their case, RE-File, moving forward to the first month Prior the S.O.L.’s ‘expiration’, claim default from THAT DATE forward and re-sue You repeatedly, the number of times there are PAYMENTS REMAINING on the Mtg./Note? Since WHEN is a Mortgage/Securitization/Promissory Note on a piece of Dirt &/or structures ANY DIFFERENT than Any OTHER Installment contract? being sued, for the next 30-40 years, by lenders who can’t get it in a pile with a backhoe, with HEADLIGHTS is about as exciting as eternity in Hades (but THAT is what the Bank Lawyers are arguing, along with “but they’re gonna get a FREE HO– USE JUDGE!”
“…the concentration of capital and the growth of their turnover
is radically challenging the significance of the banks. Scattered
capitalists are transformed into a single collective capitalist. When
carrying the current accounts of a few capitalists, the banks, as it
were, transact a purely technical and exclusively auxiliary operation.
When, however, these operations grow to enormous dimensions
we find that a handful of monopolists control all the operations,
both commercial and industrial, of capitalist society.
They can, by means of their banking connections.”
-Vladimir Ilyich Lenin
Now simply substitute GOVERNMENTS and Federal GOVERNMENT for ‘capitalist’ and ‘capitalists’ above.. We Already Live in a Socialist State. And All the animals on the Farm are Equal; it’s just the Bankers (read=PIGS) and Government are a little (no, actually a LOT) ‘more’ equal than any of the rest of us. The collapse of The USofA becomes painfully predictable when the rule of law, becomes segregated to “Us and THEM”. WHEN the masses (even of homeowners) discover the reality, which ain’t hard now on the internet….the system collapses as nothing is perceived to any longer have ANY VALUE which can be reasonably secured by “OWNERSHIP”.
thank you for your comment Mick,I too,am having a thanksgiving full of “what do I do” I have been given a loan mod that further drives me in debt deeper than the bank already has. I would have filed bankruptcy, but I have a rental property and have no debt than my mortgage so it just has not made sense. if I take mod, they will reverse judgement which is the only positive I can see in taking the mod. no more lawyers, cant afford them. the mod payment is 45% of my income, manageable in the bank’s eyes but not mine. I feel I am being extorted because if I don’t take mod, they will hold foreclosure judgement. this is what I get for trying to work with the bank for going on 7 years. any advice is appreciated. don’t really want to sign the mod.
yes this house that used to be a home holds no value to me other than keeping a roof over my head till I can find somewhere more manageable financially to live. when “anything” has no value to a person, they need to let it go. ownership is a big word with a “home” but not so much with a “house”
Mick
November 26, 2015 at 5:25 PM
LM,
I think You really need to re-evaluate WHY You consider a ‘mod’ a good thing, versus simply striking a ‘cash for keys’ deal as it sounds like You’re “Over” the whole battle? Attorneys aren’t always the answer and sadly the bad 1’s give all the good 1’s a bad rap.
I would Check to find out where YOUR AG’s office came down on the 49 AG’s v. BoA (& ALL the OTHER Mega-Banks) for all the violations they ‘settled’ on? IF Your mod, was being negotiated (or forbearance, or ANY other type ‘negotiated settlement’) WHILE Your FC was being DUAL TRACKED….they owe You Big time, although those funds have typically been disbursed to the AG’s Offices.
IF You have dramatic equity in the house, selling might be an option, short sale if not, and IF they have bogus docs, FIGHT, FIGHT, FIGHT! Because they can’t PROVE Standing means they don’t/didn’t & might likely NEVER Be able to PROVE their ability to FC on YOU?!
Good (& bad) news is that after 7 years (like us) SOMETHING is definitely WRONG.
IF YOU don’t know, and former attys don’t know WHAT that ‘something’ is,
You need to figure it out before agreeing to anything, or making ANY plans toward any type of ‘exit strategy’. IF they messed up, how’s it YOUR fault?
Well?
Just sayin’
HTH,
-mick
Furthermore, as we all grind away in our lonely solo wars and share the battle scars, I would like to step back and get this thread to look back.
Over the years through sharing tactics and personal stories I have heard little bits of strange occurences prior to foreclosures. I have heard countless people describe bad neighbors causing pyschological harm. Calling the town, calling Child Protective Services on kids. Several people were not behind on payments just yet and tried to sell the homes and the Realtors purposely held back the property, would not show the property, blew the contracts up. I also recall someone saying they could swear a shill had put contracts on the home and bailed last minute just to cause harm.
Can we all start to meditate if the possibility exists that the banks had help from foot soldiers early on and if your friendly local yocals from town, were in on the secret of the bubble. Investigate if its at all possible and this may be why a statement like Trev makes us sit up a little bit. Could this all be for more than the money and greed?
It IS called human hunting…
‘T.I.’ – targeted individual.
I will share what I saw/experienced…you are bulkseye on… they watch us….but now….the hunter/abuser is being hunted…as this board will confirm/nod uh-huh….there is always a bigger dragon.
Some are both smaller AND bigger… 😉
Thanx IMS, ok thats a valid take. Im wondering if Trev is hitting something deeper. Like Freemasons? And their involvement in all this. Like is any single person thats been foreclosed a freemason ? I think not, im sure your lawyer and judge and mortgage guy is. TREV EXPOUND WISE SON
Pal, in real estate lango, what trev is trying to say I believe is that the properties he owned were “desirable” in the real estate world meaning the bank knows they can get their money and then some mo money. same situation with me. their greed does not end!
what these banksters did was destroy the moral compass of America dreams. the one thing that most of us are most proud about, owning a home and they have and continue to try to destroy our property rights and as long as someone like Obuma is the commander in chief, nothing will happen. it is one big govt conspiracy imo. TRUMP 2016. democrats and the banksters in bed together. my neighborhood is full of blackstones rental properties where they have bought up foreclosure and guess who holds the mortgage on the properties and their contents. JP Morgan Chase. In florida when a property is not homesteaded, it brings more property tax revenue so all the govt gets paid. that’s why chase wants my home. I have a loan modification, but it says that if I were to ever rent out my house, I would void the contract and be immediately in default, in other words ” Do as I say, not as I do”. yet Chase and Blackstone are in bed together renting out my area. Scumbags all of them.
I’ve been fighting my foreclosure suit for seven years. Back in February my wife tried to commit suicide. So I understand the stress. That’s what they hope for that you will give up. DONT !!
It’s the fact that she never held that title. She was a document processor, not a VP. See Kennerty depo from Geline where he describes her actions.It’s all forgery. Affirmation without knowledge.
Then you had the CA DOJ prosecutor that had Chase in his sights and he was benched before the big $13 bill settlement / tax break. They’re getting away w it imo because they’re controlling the story and have us arguing on the sidelines. Kind of like the football game in the MASH movie lol! Just popped into my head!
Rin tin tin exactly! I have letters, data from Chase/PMac not only telling me but city officials black is white and they’re still threatening me w jail! We all gotta read Alice In Wonderland over the holiday to stay sane.
Hamstring-I tend to agree. Why else would the BK trustee lawyers (DOJ) sit on their hands and let it happen? False claims right in front of them and they torture YOU. The guy at BlackRock who handles the Maiden Lane assets sure ain’t talkin’…..
@rinnie mini we’ve gone thru MERS, sig is all that matters, non jud’l, securitization, bk black holes and the deadbeat / free house worm hole u and others keep pushing! It’s the fed and every politician, judge, lawyer, real estate broker, investor that corrupted everything to steal our homes and keep us trapped.
Hey Der Ho Der. usedkarguy here. @hammer-I don’t know WTF you’re talking about. See my posts at rogerrinaldi.wordpress…….
The only black hole is the one the oney comes out of at the Fed.
re “losin’it”, hanging out in BK Court while the pressure builds. Still in the house of course. Putting together another fraud suit as there is no jury trial for a foreclosure. The Wolff case is on my reading list right now. Lots to do.
Happy Thanksgiving everybody!
great to hear you are still in your home!!! we are too!! in court for 2nd foreclosure. They seem to not be able to come up with discovery a 2nd time now? 1st forclosure apparently they had the note and mortgage? this time the mortgage is lost? and they have an affidavit signed which we all know are signed by document mills, who send a robo witness to trial who we know has no personal knowledge of mortgage. its going on 6 years our fight since obamas hamp modifcation started to steal homes from around the country. still not understanding the undated , endorsed in blank, with a robo stamp os joan m mills?
The hone MetLife Home Loans & American Home Loans Servicing 3 (to a higher power)….my homes were my ‘plug-in’ points if you will….i am a superconductor….trying to be a super conductor…a leader worth following…scars an all.
My 2nd home stolen was ON the focal point of earth’s ♡ chakra…..litterally the center of the quartz/diamond of this planet….the city of Boise expanded from 1018 North 15th Street…. the Freemasons knew this….in 1911…they knew this.
Some (on the darkside) were willing to bet the farm….to steal the house (s). So they did….but they forgot that the sword of the lord cuts in both directions….the sunshine pendulum they never saw coming….i share these details as the drama plays out with its scripts….characters….heros & villians….fortunes & foreclosures…..
I have very deep/wide top of the pyramid contacts….and am prepared to call upon those willing & able to assist. should you join me….KNOW in your ♡/♡s you will not be left in the cold….again….we are not alone…and the offenders/guilty will fall…are falling….let the truth rise…let the light *level scales of justice* be recalibrated.
Hello my fellow bravehearts.
Despite rumors to the contray, I am alive and well…calling $1them like I see ’em…calling them out when I need to.
Still in this dogfight….leaning hard on powers above….to help w this (our $#!# show from below).
I am lobbying for removal of a Judge….here in Idaho. Christopher Bieter *mayor’s brother*…..runs in the family….. in my 16 yr experience w both..not to be trusted for any reason….ever.
I am also posting to invite you to a limited Class Action (Qui Tam) suit to be filed in Ada County, Idaho… on behalf of a Class (you?) who may have suffered financial loss as a result of Fraud/RICO/Breach of C/Discrimination by Ocwen Financial, CEO + BoD and it’s predecessors American Home Mtg…et al. It will follow in the path of CFPB’s $2.125B ‘order’…& DW’s CA Class-Action suit…recently settled for $150m.
I will limit the suit so that settlement will make a material impact toward your losses…$1,350 would not cover my storage bill….let alone 10 yrs of equity….in a small but fine 2bd 1 bath in Hyde Park….the neighborhood they now have a tv show depicting….
If you care to discuss this…or a 2nd planned suit…Ltd. Class-Action….against MetLife Bank…CEO + BoD…please reach out.
100 seats open on each.
Filing will have Fall/Winter ’16.
Fight on!
godbless you n yours this Thanksgiving/Christmas/Hanukkah Season of light..we shall overcome.
Trevor David Hitchin Kaufman, mba
501 E. 44th Street Trl#4
Garden City, Idaho 83714
United States
Mick, the fraud is known as every presidential candidate claims to be against Wall St. The percentage doesn’t matter thry can’t be trusted no matter what magic research u come up with. It’s homeowners that fought the deadbeat myth that has got us this far. If anyone thinks Trump or Clinton are the answer will never learn.
Foolish, foolish thinking if you think that it’s been the homeowner’s that have made any progress thus far! If that is the case, name me just one federal law or state law for that matter that represents any type of success in stopping the banks!!!! If we are to succeed, then those that created this mess (Wall Street and the Banks) then we either have re-instate the Glass-Steagall Act or re-write it and get it passed. You think homeowner’s have the capability of doing that? Hell NO. It takes a cleaning out of DC and electing those who will do the right thing and put this country back together. Someone who’s not ‘obligated’ to Wall Street or funded by the banks and who does that leave? Who is out there who isn’t already accepted donations for campaign funding from the thieves in DC? Who has more money and net worth that doesn’t give a Da** if he gets paid the $400K plus salary? I, for one, am tired of electing those candidates who, before they step out to make their first speech on the campaign trail, are already a begotten slave to the cronyism in DC. Oh, we’ve made some points in the courts as far as small wins, but that’s not enough. Compare those to the vast amount of foreclosures, etc. since 2006-07 and the number is minute. We had a chance once with the Occupy movement, but we dwindled in support. If we really want to make ‘change’ we need to stop with the nonsense talk and learn to walk the walk.
Mick, rrrini are u guys in a black hole? Your like 3 yrs behind and still trying to blame homeowners and make urselves out to be saviors. Give it a rest no time for your distraction.
hammerhead, that is their only defense when you get close to exposing the truth: you’re frivolous, vexatious, and your attorney is persecuted by the state bar. Watch how many attorneys they line up against you. I had them burning over $2500/hour for three hours once.
They could care less.
hi roger, how is your case rolling? i am in my 2nd foreclosure. its 1 year old already. still waiting on discovery. I am the one who has joan m mills as robo stamper too!!. funny thing this foreclosure they lost the mortgage but they have the note? 1st foreclosure they had both? signed affdavit that they lost the mortgage? yet the person that signs these are usually from document mills with NO personal knowledge.
keep on keepin’ on there Mick, we’re with ya. the banks won’t stop, ever, until there’s precedential decisions which make it unlikely banks will prevail using fraud.
Mick , I sent you my email address and I asked my attorney about finding out why about the dismissal and she told me they don’t have to say and doubted any judge would make them tell why
Hi lms you may want to send demand letter on their breach and bad faith. You could include counter offer while demanding clean title and verification of debt. Otherwise u will take legal action and report to authorities. I’ll send link w examples and call u later. I’ve been trying but putting out fires on my end.
Can someone offer their opinion on re negotiating a loan modification where the bank has put me deeper in debt than the summary judgement did. I do not want to sign loan mod. Should I ask court for mediation to re negotiate.
Hammer, It doesn’t matter if there WERE a ‘club’, I’m about getting things done, not whining. Calling out a Corrupt Lawyer is something I’m famous for. I was on the phone to a guy named Bill McCullom in 2008 regarding all this “BS” (he was our then AG in Florida), because while not being a lawyer, I’m smart enough to see fraud on the Court staring me in the face. It took 6 more YEARS to Get David J. Stern, PA DISBARRED. So unless You’re willing to sign on for 2-4-6 Year FIGHTS, while incorporating JUDGES, about a dozen Defense Lawyers, and collected depositions demonstrating Fraud, from the top to the bottom (and visa versa), You WON’T Prevail.
The Florida BAR when acting on complaints makes Snails appear to be the Space Shuttle for speed.
SAME Can be said for the Florida Judicial Qualification Commission. Like the FDLE, FBI and ALL FEDERAL AGENCIES, unless You hand them ALL the research, ALREADY DONE, and a Ready for Grand Jury Prosecution, (so they literally have to do NOTHING….heaven forbid, GOVERNMENT EMPLOYEES with 6 figure salaries, being ASKED to do REAL WORK?! OMG, the HORROR!) You can expect to be kicked to the curb, REPEATEDLY. Please don’t think this is being a ‘smartazz’; wasn’t intended that way at all; however after a Governor’s Emergency Executive Order to sustain a town, compliments of my research and 5 attys’s/firms now dismissed/disbarred/fined/sanctioned compliments of a little PITA named “me”, I have zero minutes remaining in this life for those who want to whine, here or anywhere else vs. Getting to Work to reverse the tide (of banks) which will never stop until we (and our progeny) are all penniless slaves, indentured to them forever. 95 out of 100 simply walk away. THEY are the segment we’ve done NOTHING about. Probably 90 of the 95 have fraudulent documentation, but we’ll never know.
BOBBI SWANN
November 24, 2015 at 3:34 PM
Mick – I can wholeheartedly see your point of view. Being in the banking industry all of my working life (44 yrs +) and being in a foreclosure case w/Chase since 2007 I am not making much headway to getting the case dismissed. I was pro se until 2014 (the first 7 years) and now have an attorney. Still going nowhere except for a lot of hearings set and then cancellations. Judges are corrupt, courts are corrupt… No matter how much documentation presented shows an invalid debt, robo-signing, fraud…it doesn’t matter. I do have hope, however, if Trump makes it to the Whitehouse and starts getting rid of the cronyism in DC. I already got one foreclosure dismissed w prejudice on another property and I plan on the same here but planning and actually receiving it are two entirely different paths. The court readily recognized the fraud with Citi on the first case; but not so easy this go around.
Mick , we’ve already given affirmative defenses in fact there were 2 trial dates that were set in June and both were cancelled. I just find it strange that’s it was dismissed. Now we have a statue of limitations issue In Floruda it’s 5 years. Now the bank has new attorneys. So I guess we will see how that goes. There’s still a pending motion that our attorney filed and from what I know until it’s answered they can’t even file another suit anyway
Kent,
When Cases are Dismissed, it’s because there’s about a 98% chance they found FRAUD in their own Documentation, or holes in it’s timelines.
I’m sure Your attorney[s] are waiting for a more concrete opinion on Bartram which is good (regarding the S.O.L. on FC’s) although none of us has a read on how the FLSC will rule.
IF they determine to allow new acceleration after former acceleration (simply moving to the next available months’ payment that is within 5 yr. S.O.L. and pursue all other payments prior the S.O.L.’s installation/tolling) which is likely, Your attorney[s] need to know why that dismissal was proffered. If there are fraudulent signatures, improperly filed documents, standing issues or missing chain of title issues, I find them. Email me, I can send You a sample report. You’ll be impressed. More importantly, Your Attorney[s] will be impressed.
-Mick
Ben Howard
November 23, 2015 at 5:28 PM
Mick,
Please email me Sample Report, benhoward321@yahoo.com My case was dismissed, and it was beyond the (5) year Florida Statue of limitation, I am aware of the Bartram case, and the Florida Supreme Court, pending action, if they rule in favor of the banks, how big a problem will that be homeowners? Thanks Ben
Mick
November 24, 2015 at 1:19 PM
Ben,
Will reply directly 2nite when more time is available. Simply put, if they (FLSC) rule in favor of the BANKSTERS, in Bartram, Former Defaults be danged, ALL Remaining Defaults (starting at the oldest monthly payment default prior the 5 year BACKWARD S.O.L. is VIABLE place to start for NEW and REPEATED FORECLOSURE PROCEEDINGS, for virtually EVER. This crap started in 2000 +/-. On a 30 yr, fixed, the S.O.L on that FC Series of Actions would toll in 2035. Until then they would be able to file, repeatedly against You, over and over and over, until they finally get their feces high and tight and eventually prevail. Because eventually You either give up, DIE, or they prevail…if they get an eternity of ‘do overs’ (which was their oral argument in Bartram, and they REALLY Believe that….NOBODY gets “Free Houses”… but them of course).
YOU, Ma’am have a VERY GOOD Judge!
You NEED to find someone (even if not an attorney, a forensic loan auditor, or chain of title/foreclosure documents examiner) who can determine IF Your Plaintiff’s Lawyer Isn’t Wanting to come to Your Neck of the Woods for FAR More than it just being unattractive to Her….? She may just KNOW they have problems with Your Case. I’d offer to help You but I know NOTHING about KY Foreclosure Laws.
Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare
Mick
November 20, 2015 at 11:04 AM
“Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare”
Angel, Every THING You stated in the Reply above, is in my opinion (as a non-lawyer, giving a non-legal opinion, which means it isn’t even worth that proverbial “2cents”) absolutely challenge and should be alleged and thereafter proven in an evidentiary hearing! IT’S NOT a “living nightmare” regardless of what You assert….I know tens of thousands who were foreclosed on who’d LOVE to have had ANY of Your above issues to contest, where the florida rocket docket never allowed them more than 1minute30 seconds to present their case! Stop Whining and Either do the research to Find a Good Attorney who’s willing to fight FOR YOU, or put on the whole armor of God, get some knowledge (because it’s out here all over the internet), and get ready for the Fight. Remember, aside situations like YOURS (a respectful JUDGE who KNOWS they have all kinds of flaws in their paperwork, and he’s simply waiting for YOU to RAISE those Points in Motions for Dismissal, lack of standing, fraud on the Court, failure to state a claim, etc.), most folks are in front of bias Judges, being told THEY have no case, and to GET OUT OF THEIR OWN HOMES, because: “Nobody (but the banks) Gets a Free House”.
Find a local LAW SCHOOL and go see one of their Real Estate LAW Professors, asking who they’d suggest of their students who could help you, Pro Bono Firms that would help You, folks that He/She TAUGHT who are now out on their Own, and GOOD, but still inexpensive for the right client….do Your Part in Your Own Defense!
You should look in to David Ham v. Nationstar, Florida 1DCA, Opinion published 5.12.15, regarding the forced placed insurance issue. I doubt Your Courts would look to another states’ decisions, however, there HAVE TO BE other cases, where folks had a similar act conducted by YOUR purported “lender”, in YOUR State. I’d practically Guarantee it! Your Appellate Court(s) have already, probably ruled on EVERY ISSUE You cited above, reversed and remanded, for involuntary dismissal, Or VACATED the former judgment[s]. That’s called CASE LAW, and Your Judge NEEDS some, cited by YOU in Motion(s) for dismissal, lack of standing, manufactured default(s), fraudulent documents, nothing being recorded, etc., etc. Until an Attorney OR YOU, pro se/pro per put on the armor, Your big girl pants, and walk in to Court asserting Your RIGHTS and their Lack of a Right to Pursue You, or this ‘purported’ debt. Make THEM Prove EVERY THING. Since they can prove nearly Nothing, move for dismissal (or simply put, that’s what I WOULD Do)
Hoping this didn’t come across to harshly, & something gleaned above helps You
(as I’ve met lots of ‘whiners’ who claim “it’s a nightmare” but still want somebody else to do everything for them, for their own defense, rather than paying for a competent attorney who could WIN the Case for them Inexpensively, based on their documents and facts of the case).
Respectfully,
-Mick
Angel
November 20, 2015 at 11:22 AM
Mick,,I’m in no way whinning,& I have raised all claims in motions I’ve filed:-) I’ve filed motion to dismiss w/predjuce due to no standing,fraud on the courts,false cause of action,forged/altered documents,I have DONE all you’ve mentioned except talking to law school,,,that has entered my mind,as to a ”lawyer” did that to,had one for 2years he did nothing but promise a lot while changing firms,3 in 2yrs,he did nothing,I fired him…been pro se now since 2014,I practically live at local library,& no I don’t think you’re coming off harsh,your passionate about this topic:-) & I VALUE all info I can get….but yes sir I’m fighting HARD:-)
Mick
November 20, 2015 at 11:54 AM
Angel,
OK, Now I DO FEEL Better!
(1 for not offending You and
(2 for knowing You’re a FIGHTER!
I also feel worse because You got a clown w/JD behind his name who rode Your gravy train for as long as he could.
That said, the law school Idea isn’t original, I did it years ago when suing a municipality over elections, voter ordinances, and an unqualified candidate, although the suit was primarily around failure to produce requested public records.
The “old salt” emeritus Professors at the law schools, invariably not only know the PERFECT Lawyer to help You, they know the Judge[s], the Plaintiff Counsel[s] and more. They can (and usually will) Hook You Up with a GR8 Counselor.
Just remember when talking on the phone, in person, via email, all or any initial method, keep it VERY SIMPLE. Point out the MOST Substantial issue[s]. Seriously GOOD Lawyers are extremely protective of their TIME.
K.I.S.S.
WHO-What-Where-When-How and WHY (only the last if he/she ASKS).
Have ALL YOUR DOCUMENTATION in CHRONOLOGICAL ORDER from NEWEST to oldest, make a complete copy and give them the record copy You make.
Ideally, present to them via email so they can digest and have good questions when You finally visit them. There are Many sympathetic (AND GOOD) lawyers who are willing to either take on, or make suggestions to, Serious FIGHTERS that they respect for never surrendering. If not pro bono, they’ll usually offer You a dramatic discount as You’ve (1-been burned by a moocher w/JD behind the name and 2-) Already done a significant amount of the research necessary for them to move forward, ideally, for success in/on Your behalf. They will likely want to know Your ‘exit strategy’ so have one. IF You believe the debt is valid, (excluding the F.P. Flood Ins.), mediation might well bear fruit, just remember he/she already KNOWS They can’t be trusted and You NEED somebody who will take the time to read Every Word of any ‘modification’ agreement.
Shutting up now,
-mick
Yep, investigated by the Florida Atty General office for fraud and robo signing….to my knowledge the investigation is still showing as ‘open’. Be mindful and do your homework/research. This one is a real bad one!!!!
On what grounds was Your case dismissal? shapiro, fishman & gasche is a pack of sharks. They’ll lie, cheat and steal, right in front of Your Judge, so leave Your wallet in the car. Never let them near Your home….when they leave even Your dog’s pregnant! You need help looking at the documents they submit, they’re masters at submitting fraudulently prepared foreclosure documents, and again, don’t turn Your back on them for 1 second.
Kent
November 20, 2015 at 10:27 AM
The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years
Mick
November 20, 2015 at 11:27 AM
“The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years”.
Kent, You’ve been fighting ‘what’ for 7 years? The new law firm dismissed, that means the former law firm had a ‘cluster’ which couldn’t be remedied. IF they haven’t re-filed, You have (again, not a lawyer, never played one on tv or radio either, and this isn’t legal advice, just what I WOULD Do if it were ME) it seems to me, an excellent case for slander of credit and title. They don’t have to give a reason, they can withdraw the complaint at any time prior Your submission of answers and affirmative defenses. After that, it gets complicated. Who was the Former Law Firm? (& fyi, they don’t normally get ‘bought’, they usually get ‘acquired’, as in multiple principals are being investigated, disbarred, whatever and the firm sees transfer of all assets/clients/files to another, more ‘reputable’ firm to be a ‘timely’ and appropriate decision. The LENDER has to authorize the transfer and the ORIGINAL Lawyers likely needed to be the ones filing for the dismissal; without a motion and an ORDER from the Court recognizing the new counsel, and dismissal of the former counsel, the new attys/firm couldn’t legitimately do anything?
IF they re-filed, compare the original complaint to the new (&/or Amended complaint[s]), because there are (likely) defenses for You in the original that they have (likely) attempted to remove w/the re-filing.
Just my 2 cents,
-mick
Kent
November 20, 2015 at 12:13 PM
We’ve been fighting the foreclosure suit for 7 years. The banks former attorney was Ronald Wolfe and Associates. Aka Tampa Default Law Group. The bank hasent reviled yet and there’s a pending motion on our old case for reimbursement of attorney fees and cost
Mick
November 20, 2015 at 4:10 PM
Kent, it’s FLORIDA Default Law Group and they were shut down amid
And FINALLY, You just need to take the time and compare Your complaint[s] and motions filed by FDLG And Current (bank) Counsel and square them with THIS:
FDLG was a train wreck. I saw more than 1 of their complaints, and they replaced Stern as ‘worst of all’ (even more so than Shapiro-Fishman) for a few years. YOUR Dates match up sufficiently so that I’d bet a dollar there’s foreclosure document filing/recording fraud & likely mortgage foreclosure fraud in Your case (& I’m not a betting man, at all, ever).
I can help. (didn’t know You were in Florida until You posted ‘Tampa DLG’).
You need an examination of all documents in Your case, from acceleration letter (prior Complaint Filing) up to and including Your motion for fees and costs; You can contact me at: petemichaels1@comcast.net
anybody had any contact with Albertelli law in florida, another bunch of hood attorneys, filed all kinds of erroneous docs that didn’t apply to my loan, plus the default date on the complaint was wrong. I was in a forebearane but no attorney I had would bring it up in court. do I have any grounds to get judgement reversed.
Kent, I noticed we both have the same legal counterpart from TAMPA. There is many good things to learn from prior experiences these folks acted on ……. contact me if there is anything that we can learn more on this FUTEX@hotmail.com
Hello yall:-) well recent events,filed motion for status conference,went to court,the law firm against me sends yet a new lawyer,not same I’ve been dealing with,makes about 16lawyers now I’ve dealt with from plaintiff,chase..well judge ordered mediation,,,my question is am I required to have a lawyer with me during this?& what am I to expect? THANK YOU in advance for responding:-)
I am not an attorney and this is not legal advice.
Take an attorney with you. Or someone with extensive mediation/law experience. Often times at mediation (I am not familiar w/ real property mediations), a settlement is drafted. You will want someone there to review it.
Angel
November 19, 2015 at 1:19 PM
Thank u:-) &yea plaintiffs lawyer said they’ve went to offer settlement but our figures are far apart?& they HAVENT offered a cent,,,she lied to the judge on that.
after this huge RE MORT FRAUD/REAL ESTATE TORT committed against you the JUDGE order mediation?.. for what?. are they going to settle with you and pay you all Pain and Suffering plus mental anguish?…
most of these crooked low life lawyers are DEBT COLLECTORS Themselves! and they have been filing LIENS on PRE FORECLOSURE Home Loans.. this way they can file ANY BANKS NAME on an Unlawful Detainer in court and steal the property! YOU SHOULD WRITE YOUR OWN MEDIATION TERMS AND GO WITH SOMEONE! DON’T GO ALONE! make Them PAY YOU FOR ALL THESE YEARS OF TORMENT , PAIN AND SUFFERING! hope all go well.
Angel
November 19, 2015 at 1:40 PM
He shut the plaintiffs lawyer down,every time she spoke against us,he ordered mediation because of all the exhibits I’ve submitted read a complete different story than their claims,she said she was going to file motion for summary judgement,he said he will hold it in abeyance til mediation is complete…all his harsh,strong warning are directed at plaintiffs counsel,,he told them,I feel we have a great judge,,,he could of already ruled but is doing his best to see we get a fair shot at this:-) &he STRONGLY suggests we get a lawyer but I’m completely gun shy on that,last &only one we had was awful
Mick
November 19, 2015 at 6:30 PM
Angel, I’m not a lawyer, this is NOT Legal ‘advice’….but it IS some real strong “Suggestions”. “SUMMARY JUDGMENT” can only be asserted or delivered by the Judge by way of Order Granting same IF there are NO (read=ZERO) “Issues of Material Fact in DISPUTE”.
In Civil Cases, You win by a preponderance of the evidence (51% tips the scale in Your Favor)
In Criminal Cases, The Prosecutor must Prove ALL the Elements BEYOND a REASONABLE DOUBT.
Summary Judgment on the other hand REQUIRES Such a high bar it’s nearly impossible to reach in a REAL WORLD (as in former bank employee/bank attorneys NOT Sitting as Your Judge) scenario and Courtroom, they have to prove BEYOND ALL DOUBT that You have NO Substantive ISSUE of Material Fact that YOU can assert….NOTHING. They DID Everything PERFECT…..period.
Summary Judgment is a joke, I’ve never seen a proper one yet (& I’ve been in the court room for Thousands of these actions).
HTH,
-mick
PS: the advice to take another person (or TWO) with You to ‘mediation’ is a Very Good Suggestion.
Lol,I know I’ve been waiting for it to go differently due to the horror stories I’ve read,,but I’m from a small ky town,& I hope I stay a step ahead of the crooks,plaintiffs counsel hates coming here,&was doing everything she could to have the mediation on her home turf,,,didn’t work:-)
Angel, I’m not an attorney. I’ve been fighting my own battle with BOA the past 7yrs.
Wow, 16 lawyers!
If you don’t trust or can’t afford an attorney, hire your own court reporter to be there for the mediation. The other side takes notice if you do that because they know if they treat you unfairly it can be appealed to a higher court along with everything they said and did during the mediation. Around here it cost $150. But it’s well worth it in the long run. Also, if you go to You Tube and type in something like….”what to expect at legal mediation” several videos should come up that tells you about it., some are done by attorneys, and some by law instructors. That method has helped me a lot.
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title Then a line with Lender’s coverage for full amount of principal Then a line Owner’s coverage 0 All misleading, deceptive:
Look on the column heading for “seller” and see if that Owner’s Policy (for you) was paid on behalf of the seller. It is not usually paid by the buyer (you) so on your side it would probably be 0 but the cost would show on the seller’s side of the closing statement. When you got the recorded Deed sent to you from the title company after the closing, didn’t you also get an Owner’s Policy attached with the recorded deed? Highly unusual that an Owner’s Policy would not be issued, very highly unusual.
Ok I think it was a condo or townhouse, but when a title company does a search, do they only access local public records info or is there somewhere else they go to get a more in depth search of the property
A condo would not require a survey b/c they don’t own the land but a townhouse is different – they own the land in a townhome. Title examiners have several places for searching title and that’s why it would be a good idea to ask for a copy. Tell him to ask for the ‘marked up’ copy of the title exam.
As a former title searcher, for a former title company, decades ago, we went to the Land Records/Clerk of Courts Official Records Vault and examined EVERY Document recorded, related to the property, going back at least 4 previous owners or 40 years, which ever we hit first. For EVERY Mortgage there must be a satisfaction, for Every Deed there must be both Grantor and Grantee, those must all match as a ‘chain of title examination’ is completed. Legal Notices (& Liens, including Federal, like the IRS) are ALL recorded against the property. ANY unrecorded encumbrance is irrelevant in judicial states, as those document holders have to record same, to have a lawful claim. I have no clue what they’re doing now, as I’ve seen Refinances Executed while Lis Pendens are actively filed against the SAME PARCEL?! Can’t wait to see how that title company resolves that one?
Bobbi yes it was a warranty deed and he paid cash for the property. Title insurance was paid by seller and the closing was done thru a local title company. Thks
I don’t know why the title company would place that verbiage on a General Warranty Deed but if he got an Owner’s Policy, which should be issued within 30 days of the closing, I am going to suggest he go through that policy or better yet, have a Real Estate attorney look it over for him. In the meantime, he should ask the title company for a copy of the title exam which will show all the features surrounding that property. Also, hopefully, he also had a survey done as well. Cash buyers forget that surveys are an EXCEPTION to title unless a survey is done.
If banksters don’t enforce title insurance because they may discover something that weakens their position is another sign that there is no integrity in our institutions. Lms the key point of TILA rescission is you take it out of lawyers and court hands if you have cause to file. If you have doubts or are fearful of filing then u pay someone like Garfield. If the servicer has lied to u ie no truth in lending if they jerked u around instead of verifying debt sending the notice forces them to prove their standing and debt. Where’s the disconnect? That somehow we are trying to get out of our debts and should be fearful of being called deadbeats is the lie and shaming they’ve used against us, about 5 yrs late. You urself and all of us as far as I know tried to resolve our debt but their manipulation and ADMISSIONS brought to question if there’s any debt at all. U still think we should beg for ANOTHER bogus offer? Makes no sense.
bobbi, just curious regarding title, my friend bought a property and on the deed up in the left hand corner, it read “indv to indv”. to mean from individual to individual I am assuming. I have never seen this on a deed and to me it looks like the deed is only as good as who transferred to the new buyer. can you explain , thks.
I don’t recall ever seeing that kind of verbiage on a deed transfer but what kind of deed is this? A general warranty deed, a quit claim deed or what? Was it prepared by an attorney or a title company? Did your friend have this financed and if so, did he get an Owner’s Policy? If he was a ‘cash’ buyer this is the problem when they (the buyer) doesn’t take the effort to protect themselves….
incog, I agree, but bottom line you have to pay somebody and it is better to pay than look like a deadbeat in the court. work out a payment you can afford with the bank or whoever claims to own the note and mortgage. If you cannot afford the house at all, then maybe its time to leave it. Sure its about principles with me too, but bottom line you signed a mortgage and note and owe it to someone. you were not coerced into the loan at the time were you and you cant deny that you signed the mortgage and note paperwork , can you? really? I contacted neil, he wanted $600 an hour. Tell me who here can really afford that outrageous charge. We do know as much as the lawyers and probably more with our combined research and experience. neil wants to put his panel together with high rollers. We should be that panel. believe me im on everyones side here, but I am not going to further support anymore attorneys. and this TILA rescission idea, ok it maybe great, but I would do my research before I send in that letter that cancels the note and mortgage, you still signed it. I have just seen what goes on in the local courts here in florida and it is a circus, absolutely no method to the foreclosure frenzy going on in the courtroom. I am just saying keep your hard earned money and spend it wisely. there is enough information on this blog that can help you proceed pro se. lawyers just know the formality of the foreclosure courtroom which in my opinion is a joke. none of these lawyers had enough experience in this fraudulent mess. I think the TILA recission is just another money maker for the attorneys. I am just trying to get people to really think here. that’s all.
trev, don’t we all recognize by now we are all being scammed. Just work it out with your servicer, mortgage company and then like bobbi said, make sure it is recorded. What is the point of the fight if there is no intention of remaining in the property. We all got seriously scammed, just learn from it and move forward. What is the fight really worth to you? its better to try and work out a payment than keep fighting them on technicalities. It only makes us look bad in the eyes of the court with stall tactics. even neil is still trying to drum up business. we are the peons that got scammed. learn from it and move forward. these attorneys suck and they will take your last dollar, now I ask you again, what is it really worth? either get a loan mod and pay it or give up the property legally and move on. I don’t see any body moving forward on this scam unless you have tons of money which I don’t think anyone here has including me. there have been multiple wrongs done to all of us and still no justice. Sorry if I sound like a whimp, but I am tired of all this bullshit and no one getting any true justice, with or without prejudice, do you want to spend your life in a courtroom and upset all the time about injustice. It aint gonna change anytime soon and I am in midlife and want to enjoy the remainder or my life if that is possible because when I bought my home, I felt so proud to own the home and now the termites can eat it and I don’t give a shit. probably a blessing in disguise!
In the eyes of the court, SERIOUSLY??? THEY ARE CRIMINALS!!!! If YOU want to pay an entity that is not owed any money, you certainly can do so if that is your desire, others will stand their ground on the principals of law and order!!!
Maxwell silver hammer…
many thanks for the lead. I’m over the house but want the stain on my credit/judgment cleaned and I want to give Bieter a chance to make it right….i fight fair but am inches away from just writing a formal reprimand of the no-show judge….for documentation purposes….& for the next generation of fighters.
the day I lost in ’09 the headlines were that all 50 atty generals were going to ‘get to the bottom’ of this. 9 yrs later I think we are at bottom…idaho hates its non-mormon citizens….not my idea of a State…more like a cult territory in need of guidance from above. V tired of babysitting but the road is long, the reward….worth every tear so they say.
I can feel it in my lucky barometric knee cap…we are close… i can just feeel it.
if anything/anyone else can help w the next move (it’s mine)…chime in. 150 heads are better than one.
I will say this… Ocwen Financial is very attentive when I call, its like I’m now the debt collector….they are very ‘on edge’…and may just make it right???
I can do 2nd grade math….the extra three years were for the daily offshore phone calls..’TwayBor you owe us Mo money….youpaynow!!!!..some calls were at 6:30 a.m… hundreds of them in over 2.5 years…it was torture, and I have been tortured… like south pacific locusts….pinching and biting..locusts lying….all in the name of ‘mo’….a land grab w no one at the register…no one minding the store as they used to say.
they hired people in India and Asia to termite my American Dream, my life savings.., they fired Americans and hired boiler rooms of non-Americans to steal Americans’ private property. ..not as a means of last resort but as means of first and only option…w no regard for law or American Values..gnaw..gnaw..youpaynow or else TwayBo… ugghh. Broken English….broken dreams.
Silver lining, ha…i’ve learned more in the past 10 years about greed, integrity, community, neighbors, god, dreams, american financial regulators & regulations, distric Courts and small town politicians….fraud….white collar crimes…american business egos…comptroller of currency responsibilities…police detective work…cover ups….and if i take a step back…i’ll notice an entire industry being body slammed by lady justice….who is not blind at all…hitting every target … the CFPB $2.125 Billion citation recently written to Ocwen Financial ….is the harbinger..just in time… just think… $125 million / x …. where x = # of people who lost their shelter to fraud….who may be tired…maybe back on their feet…but one thing is for certain….Ocwen will now be Defendant in dozens…hundreds….’000$ of lawsuits?? crime don’t pay….
as soon as i get my ducks in a row…i’m filing a federal civil suit against fannie mae’s new cxo….david applegate. he was the ceo of american home mortgage & servicing 3 (to a higher power…no really…that was their logo)…yeah so i’m going to hold him accountable for his broken promise….after ten years of payments…20 month resolution on a friday…dave’s promise..home went at auction the next monday….and according to CFPB…the foreclosure was riddled with fraud…knock-knock…uncle RICO…?
God is so good. A real world education…in real time. Nothing but net…highwire walking w no net.
Just my dream in a fair shake. A chance to fight for the light…for justice.
So help me/us God. Graziadio.
humbled…. kPoW!!!! tko… i want to do other things w my life… i want closure.
we all do.
Trev – very well put but I’d like to ask you to put those same words in a complaint to the CPFB (Consumer Protection Financial Bureau). If they resonate with them the way they have on this site, I think you would be surprised. Better yet, send a copy of that same complaint to your local news media!
Trev just saw a post re motion to vacate judgment for CA, maybe something similar. Some legal services claim they can reverse sale up to a year after. I would look at Mains? Case who is suing for damages instead of reversing sale. Then again Garfield says rescission cases can be reversed. But if property has been sold to innocent 3rd party that could be end of the line as to property.
Not necessarily true as to the end of the line. There have been cases where the property title was reverted back to the original owners. That’s why 1) Lenders of REO properties don’t do Warranty Deeds, and 2) always do your research on a REO property before you purchase it.
Hammertime
October 26, 2015 at 4:35 PM
Definitely not absolute. In CA there is strong language as to bona fide buyer. Then bona fide becomes an issue. As to TILA sale also criteria along with consummation. Basically tougher when sold to innocent 3rd party rather than reverting to bank in CA.
There is no sol in fl for verifiable
Fraud. That’s just it though
The fraud does not seem to end. They do not want us setting any precedent for fraud. Just imagine what a snowball effect that would have in the courts just when the courts thought there was a light at the end of the tunnel!
If I lost my home to a Summary Ruling….MetLife 2012.. but then…after the fact discovered fraud in their filings…can I ask the Judge to reverse the ruling? re-open the case to consider more facts…like metlufe’s barring from the industry…a Pete Rose so to speak…
If anyone has a term or process that might allow the Judge to save face and allow justice to stand…please post or text/call.
208.703.9525
I basically want to say, ‘hey Judge Bieter, we were both lied to…robbed…can you reopen the case….?’. I am not able to find an honest attorney in Boise…
I am ‘qui tam’…
I think I am within SoL for fraud served on Courts.
Sorry but you have been misinformed. If the judge rules in their favor they can’t.collect on any of the past due only from the time they choose a new default date
It’s up for ruling next month which is November that’s why the banks lawyers arguing about being able to refile. You can google up coming Supreme Court ruling in Florida
Well after almost 7 years we have won a small battle. The bank took a voluntary dismissal without prejudice so I guess we will see where it goes from here
The Supreme Court here in Florida is going to make a ruling in cases that are dismissed with prejudice possibly allowing them revile using a different default date
That wouldn’t surprise me,however if its dismissed w/prejudice due to fraudulent actions,such as forgery I don’t see an overturning that:-) fraud on the courts,false cause of action,to much we can fight back with if higher courts do so…:-)
Isn’t that like double jep?,,,Couldn’t prove case to point of dismissed w/prejudice,but allowed to ATTACK on new dates???if that happens to whom ever,,,,I pray they go straight to media,,,seems like the cases in media move quicker but opens homeowner up to entire world,when your already feeling invaded…..I mean my god:(
What ruling? It has always been fact that dismissed with prejudice means that they can refile again. They could only use a difference default date if they modified the mortgage and it went into default. Where did you read or see about a Supreme Court ruling on this matter?
Angel
October 26, 2015 at 12:33 PM
My understanding is plaintiff CANT bring same cause of action against defendant,meaning default,,,was cause of action,not the date of default,,,or have I been mis-informed?
BOBBI SWANN
October 26, 2015 at 1:23 PM
A lender can always bring action on any default – which there are several in your mortgage. For example, if you change the title on your home that could be constituted as a default under the Due on Sale clause. And, yes, they can still come back on a payment default. Each time that you default on your mortgage is a warranted time for them to file foreclosure. Just because they lost on one payment default does not preclude them from filing again if you default once again. Since lenders don’t accept any payments once foreclosure is filed (except under a loan mod) then I’m not sure how the courts will look or set the default date if the total amounts due and owing at the dismissal is not paid. Again, if you don’t pay the outstanding amounts declared as delinquent at the time of the dismissal then they could literally come back in 90 days and refile another foreclosure. Maybe this is what this new ruling is supposed to clarify – I don’t know.
As Bobbi explained to me the bank has the lender policy to retain first position should any claims arise from the borrowers side. I would think a borrower would want title insurance especially if it is an all cash transaction not sure if it is required in Ca but in Florida seller always pays for policy
Bobbi thx for explanation. On my loans there is only one entry itemized as title insurance. Doesn’t appear borrower’s title insurance is required. Later confirmed “lender” on note as beneficiary. I’ve raised evidence of broken chain so why wouldn’t “lender” make a claim? When there’s a sale of loan wouldn’t the beneficiary change? Seems this is an area that raises question of parties and transaction.
Title insurance follows a file when it is sold to another lender via the Assignment of Note & Mortgage. If you have proof of broken chain of title then you can file the claim yourself. Lenders are less apt to do that as it may lead down a road where their lien position is not firm. Your title insurance policy was more than likely paid by the seller. Look on your HUD-1 closing statement, Page 2 to see if the seller paid for your Owner’s Title Policy.
Hammertime
October 26, 2015 at 11:54 PM
So then i should see if I had owner’s title insurance down the line. Prob a long shot but u filled in the gaps.
Since they are not aware of any type of lien or other title matter that may have come up since the inception of your mortgage when it was recorded, they will add that language to protect their first lien position. For example, you may have been involved in a lawsuit that ended up with a lien against your home. Your lender would not have been notified of that recordation. You could have marital issues that effect your title. The lender, prior to a final modification (which, by the way, you should demand to be recorded) will do a title search to make sure that they are still in a first lien position with no deficiencies on title.
ok thks bobbi, that makes sense and that would be the only thing that would make sense out of this mess and I will demand (for what its worth) that they record this one since they reneged on 2 others that I fully executed and they did not.
Lender’s can’t ‘cash-in’ on a lender’s policy unless there are title defects. The insurance is in place to protect only the title to the property – not for monetary default on the mortgage.
I got nothing with my refi, but I did have my title policy from when I bought house which is pretty much null and void at this point. I got no title policy with my refi at all which is theft in my opinion since I paid for the policy. this is another reason why they push the foreclosure so hard because if we had been issued a title policy, we would have a copy of and since we don’t, well!!!!. We paid for something that never existed!
When you refinance, whether you cash out or doing so for lower rate or term, a new owner’s title policy is not issued. A new lender’s policy, however, is required for the new loan amount even if the lender is the same one. The title company or closing agent may issue you a discount if you have the current owner’s policy (re-issue credit) against the new lender’s policy. When you pay a fee at a refinance for title, it is simply the new lender’s policy you are paying for. Your original owner’s title policy stays with you as long as you retain title to the property.
Lms u made a key point down there that there was no real title search. When I did refi in 04 I received complete title report although I did not get title insurance as we are led to believe when we’re charged at closing for benefit of bankster. All I received after loan with Chase in 07 was policy w Chase Bank USA as beneficiary.
Hammertime – understand that there are TWO policies issued for title insurance when you purchase a property. One is lender’s title and the other is the Owner’s Title Policy. One protects the lender as along as the mortgage is against the property and the other stays in effect as long as you retain ownership. Refinancing does not change the owner’s policy but if you pay off a mortgage in the refi with a new one, regardless of a new lender or the old one, a lender’s policy is re-issued for the new mortgage amount. Your original Owner’s Policy is typically paid for by the seller when you originally purchased the property but that can vary from state to state.
Hammertime
October 26, 2015 at 11:38 PM
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title
Then a line with Lender’s coverage for full amount of principal
Then a line Owner’s coverage 0
All misleading, deceptive
once i realized the RICO component to their shenanigans i took the step of involving law enforcement…boise police department specifically…i reported metlife…its ceo..and the lawfirm hired locally to conduct the fraud on our Courts.
you could FOIA it…Hitchin / MetLife. I have ZERO confidence in the Ada County Prosecutors office….w cause….so i did this more as a papertrail than anything else….something the CFPB and/or the Courts can point to. ‘someone felt they were subjected to white collar crime…and said something…to someone….’
i type this as i hear my 3rd service Labrador fight for her life after being mauled by a pit bull yesterday ..in the worst part of town….where we rent now…no pride of ownership.
the houses w fenced, secured yards stolen by Ocwen and MetLife were in the best part of town. american dreams decimated by corruption of our Courts and ‘leadership’… judge didn’t even show.
so yeah…if you’re going to fight, use your smarts….use the police for documentation of the crimes….pressure your PA to press charges…use the reports to build your claim with CFPB. Remember….they are the 800lb guerilla in the jungle now….and there are now ‘skulls’ on poles for other banksters to point to….so re-evaluate your path to settlement and know that I plan to report both banks to CFPB shortly…my new big brother/silverback.
this may be useful full post for full effect –
and remember UDAAP, Unfair, deceptive and abusive practices if I got it right!
excerpt on transfer rules may apply to bulk transfers:
“On the other hand, CFPB examiners may consider the following practices, among others, as
indicating that a servicer’s policies and procedures are not reasonably designed to achieve the
rule’s objectives of facilitating the transfer of information during mortgage servicing transfers or
properly evaluating loss mitigation applications.
As a result, the servicers required borrowers to submit additional paperwork or to provide copies of financial documents they had already submitted to the transferor servicer. These servicers also subjected some borrowers to substantial delays while reunderwriting their loans. In some cases, the borrowers subsequently received a new modification with inferior terms, and in others, the servicer actually conducted a foreclosure sale. In all of the cases discussed above, CFPB examiners concluded, based on the particular facts, that the servicers had engaged in unfair practices and directed them to adopt policies and procedures to prevent continued unfair practices in this area and to remediate harmed consumers. CFPB has previously publicized these findings in Supervisory Highlights.8 Certain CFPB examinations, which occurred prior to the effective date of the new servicing rule, found that these practices violated the UDAAP prohibition; under the new servicing rule such practices may also constitute violations of 12 CFR 1024.38.”
We released Version 2.0 of the manual in October 2012. Since then, we have released new chapters and/or updated chapters, as listed below. Please review the list below to make sure that you are referencing the most recent version of the chapter that you are interested in.
October 1, 2012 – CFPB Supervision and Examination Manual – Version 2.0 (PDF)
Updates in reverse chronological order are:
September 15, 2015 – Mortgage Origination exam procedures – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 – TILA Procedures -TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
June 10, 2015 – Automobile Finance examination procedures
May 4, 2015 – Mortgage Origination examination procedures – Superceded on 9/15/15 (see above)
April 1, 2015 – RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
April 1, 2015 – TILA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
February 18, 2015 – Credit Card Account Management examination procedures
May 2, 2014 – Examination report and supervisory letter templates (and cover letters)– revised format
January 10, 2014 – Mortgage Servicing examination procedures
December 3, 2013 – Education loan examination procedures
November 27, 2013 – RESPA procedures – home ownership and equity protection (January 2014) and mortgage servicing requirements (January 2014) – Superceded on 4/1/15 (see above)
November 27, 2013 – TILA procedures – Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (June 1, 2013), Loan Originator Compensation (January 2014), Ability-to-Repay/Qualified Mortgages (January 2014), High-Cost Mortgages (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 4/1/15 (see above)
October 30, 2013 – Updated Regulation E examination procedures (including remittance transfers)
October 22, 2013 – Remittance transfer examination procedures (Other resources to help you comply with the remittance transfer requirements are available here)
October 9, 2013 – HMDA resubmission schedule and guidelines
September 17, 2013 – Short-term, small-dollar lending procedures – military lending act
July 19, 2013 – ECOA baseline review procedures
June 4, 2013 – ECOA procedures – appraisal and valuation requirements (January 2014)
October 24, 2012 – Debt collection examination procedures
Learn more about the previous updates to the TILA, RESPA, and ECOA procedures in our June and August updates.
This examination manual provides internal guidance to supervisory staff of the CFPB. It does not bind the CFPB and does not create any rights, benefits, or defenses, substantive or procedural, that are enforceable by any party in any manner. While every effort has been made to ensure accuracy, examination procedures should not be relied on as a legal reference.
yes I am facing a time my self I ‘been lied to by Owen they sent me a letter saying that I owe 2.800 come to find out all that was put in bankrupt was274.00. later learn that they did not file they have stop payment cause me to become 8 payments behind and I have never miss payment in 3 yr.’s until they stop my payment’s and cause me to be delinquent is this even legal what they are doing now I’m facing foreclose .
ahh the stall tactic to put you deeper in debt. its part of their way to extort you. you have to prove that they purposefully delayed you or they have miscalculated their paperwork. by what youre telling us is that if you files bankruptcy and they did not declare all they claim you owe, I would think it would be exempt but I don’t know bankruptcy law. talk to trustee or attorney if you have one.
🙂 this is the best site created:-) &I know that,that’s why I come here almost daily,,,I get charged at times from the info,×(mostly) I read & pray,,,sometimes I get scared at how long some have fought,like omg this is never gonna end,,,,,but mostly I’m GRATEFUL,hate howI’ve met yall,,never less I’m grateful &wish ALL YALL resolution:-) 🙂
THANK U so very much yall:-) I’d go insane if I couldn’t talk to/about wat I feel as shame,,,,&I shouldn’t…but y’all know what I mean,,,ALL of your advice is sooooooo appreciated 🙂 🙂 🙂 DONT GIVE UP,CA– USE I’M NOT:-) 🙂 🙂 🙂 🙂 🙂
oh my, you really got a fraudulent trail of paper in my opinion. see they file crap after they put you in foreclosure. did they backdate it? who signed it. I had a blank endorsement and the person that signed it had nothing to do with mortgages. worked in credit card dept. what a maroon!
I would show judge payment history and the bank cant raise your insurances (unless force placed). flood insurance can get exempted or you can pay that on your own. I got Chase to exempt me from flood insurance because I am above flood level obviously or else they wouldn’t have. I had to go to my city and get them to sign some stuff plus give chase a copy of my survey and the fema map. sounds like they were just trying to price you out. I try to shop around if I can especially in florida with windstorm and I make sure I am getting all discounts that I qualify for which really does not make a lot of difference but it helps. you do have a difficult situation, but do not let chase bully you out of your home which I know is hard because they are the worst bullies out there.
Yea I done all of that,they still kept attaching policy’s,ruined us,then 2013 got a letter from chase I’m no longer required to have that ins.DUH….but damage done,&had been in foreclosure proceedings 3yrs at time of receiving that notice
Mick
October 21, 2015 at 6:44 PM
NOT “Duh”, You DEMAND an ACCOUNTING….since THEY were mistaken in overcharging, they Must Refund and Credit Your Account (IF they still even have authority to HANDLE Your Account?). That NOTICE Needs to be shown to Your Court, on top of everything else I’m reading here.
Actually LMS,
They can’t raise premiums PERIOD (we went through this w/WFHM, about 2 DOZEN Times, where they were committing Insurance Fraud against multiple Insurers for Flood. We had a Policy, they instituted an ADDITIONAL One to cover the ‘shortfall’ between Loan Amt. & Max Premium. (which was totally illegal, the FEMA RULES are for a reason, Maximum Coverage is for the STRUCTURE, not the LAND Value (same for all homeowners/hazard insurance policies) BUT, since the Second Policy was through THEIR Company….well, who’s really paying attention, right? Well when OUR payment went up $200. a month for the increased Escrows, I DID. & I Went to the State Ins. Commissioner, AG, and more….in the end nothing was done. But the Point is that they CAN and WILL (Just ask David Lee Ham who prevailed in the 1DCA) slap forced placed policies WHILE YOU HAVE FULL COVERAGE of everything You can Lawfully INSURE, already in Place. & NO, this wasn’t a WF only stunt….Nationstar, BoA/aka CWHL & more did it. Folks went IN TO FORECLOSURE fighting the stunt!
yes it will end. It sounds like it is just cat and mouse and they don’t have standing and cant prove anything and they know it, but who knows what is being fabricated behind the scenes. Tell the judge, you want no more stalling and also I would point out those 15 times postponement. I m surprised the judge has not pushed it forward so you need to. Sounds like you are prepared and they are not.
I would never accept anything less than a warranty deed from a seller, but these days even that is questionable.
BOBBI SWANN
October 22, 2015 at 11:40 AM
Just so everyone here knows: Fannie, Freddie or any other lender that is selling a REO property will NOT issue a warranty deed. The reason being (they claim) is that they are not the original TRUE owners and therefore have no knowledge of the history of the property. I do find that odd since most likely they WERE the lender who would have required clear title when the mortgage was closed! So, right there tells you that they already KNOW there’s a boggyman hiding in the woodshed.
The only assignment of mortgage appeared a YEAR after in foreclosure & was created by the law firm who initiated this foreclosure,I researched the people on it,notary,etc they’re ALL JP MORGAN CHASE EMPLOYEE’S???& assignment wasn’t recorded,
that’s just what I have been saying on Neil’s blog about title. with all these securitized loans, whether its a foreclosure or not, whose to say if you get a good title. but in florida, once foreclosed, the clerk issues a “certificate of title” to further the fraud in my opinion but the new homeowner kind of like gets an insurance policy from the court that the property is free and clear, but really sounds like the title company did not do a true lien search or you would have known prior to buying the house and you would have probably backed out of deal. Obviously your title insurance policy became null and void once the bank declared you defaulted so they had to set you up like that by saying you did not have insurance and they force placed it at an astronomical rate to throw u in foreclosure. mother******! did you get a title policy? These title companies are worthless too.
Angel, file emergency motion to proceed, don’t let them stall while they try to put their phony story together. If you are prepared enough, I would take them on, no more delay. I am sure the judge will be glad to end it. What are their stall tactics? If a trial date has been set, the judge really does not like to wait. Tell the Judge lets move forward and it they get judgement and you want to stay in the house, do a motion to mediate, or have a loan mod option after judgement. I did and that is why I am still in my home for now. Be prepared, I don’t know what state you are in, but there is life after foreclosure judgement. Have a plan B ready to present to judge if the bank gets judgement but only if you want to stay in your home. The longer it goes on, the longer your credit is damaged and in florida there is a civil procedure that you can open the case back up and may get the foreclosure reversed. its almost like they have to get the foreclosure judgement to collect on their insurances to pay whoever(probable themselves because they are so greedy) or to prove there was actually some kind of transaction period, no matter how inequitable it is. You understand what Im thinking?
THANK U:-) that’s exactly wat I will do,,,stall tactics to date,15different lawyers/firms,every new firm,I have to start over,I’ve done discovery 3times now to three different firms,they step up make demands I comply,they disappear…boom new one,,,,its crazy &I’m pro se.,,,should of been from day one,I’ve moved it further than my lawyer did,I’ve been in litigations now almost 5yrs????????no sale date ever,,,newest tactic plaintiff is trying,motions & I answer right back with my own,he calls & withdrawals his motion???????I mean my god,I need this to STOP!!!!!
you need to get your paperwork from insurance agent because if you signed up for escrow, you would get a copy of insurance statement that is forwarded to your mortgage company to pay. Surely your agent would have copy that insurances are paid since the policy generally gets mailed to you from your agent and if you do not get a copy of declaration showing paid then you would have been talking to your agent asking where is my annual policy. Wow you really got hit bad, but stay on them.
Got it,& yes my monthly pymts broke down as follows,598.98 principal/interest,252 escrow,escrow was to pay ins,taxes,etc…I made my pymts,chase used them as their personalpPiggie bank.I had ins,raised my coverage 2x’s ALL to stop un-needed flood policy attachments,didn’t work…tried to refinance to get away from chase before credit was destroyed,couldn’t collateral title issues,not vested ,,&chase flat destroyed our credit,,,,
I agree hammertime, its really her word against theirs. That’s why the closing docs she has could be real key. you know the bank has nothing. I would be curious to see what Chase uses to prove standing which we can all pretty much agree,will be fraudulent.
sounds like freedom mortgage is a broker and sold to chase but they still should have recorded the mortgage you signed at closing followed by a recorded assignment to Chase. They really have kept you in the dark. You have to watch the clerk of court website. Make sure they don’t try to record some phony paperwork after the fact. I have seen the MERS paperwork recorded. Did you get a deed to the property? With the courts the way they are,its easy enough to push any fraudulent docs thru the court, recording dates don’t seem to matter, but I would be interested to see what pops up under your name in the clerk of court website ( if anything) bank attorneys may think they have a slam dunk foreclosure waiting in the wings. With nothing at all recorded, anythings a wild card.
No Black horse financial was broker,FREEDOM MOTGAGE was lender,Chase was servicer I have all my papers,kept everything,including monthly mortgage statements….Chase breached loan agreements by force placed flood policy’s not needed,14 policy’s,in 11months & removed funds from escrow acct to pay for these,2,000 a piece,,chase created a shortage in my escrow acct & placed me in foreclosure,WITHOUT missing monthly pymts…the fraud in my case is sicking!!!!!
I’ve gotten a print out of my property from clerks office since this has began,,I have each yr,owners still say fannie Mae,we bought this from Fannie Mae 2008.it was a foreclosure retrieved property,I should of RAN…..thought we did everything right,had a broker,realtor,approval letter,credit,now WORST MISTAKE OF MY LIFE!!!!!LIVING NIGHTMARE:(
Angel sounded like you were shocked after all this lol Sounds like uve fallen through an even bigger crack than most in terms of paperwork. If tgere are no docs, recordings and ur not documented homeowner how can u be in a foreclosure court? You should be filing criminal fraud or complete dismissal but nit legal advice.
We had a lawyer for 2yrs,we fired him!!!!! All he did was change law firms &take our money,,he did NOTHING,he didn’t challenge Nothing,he started off strong,Words only,,he changed to 3different firms within two yes,,,,as to dismissal I’m trying!!!!have been now for awhile,ALL my motions include all the seek dismissal with prejudice,,,motions are in abeyance due to stall tactics by plaintiff
not even the mortgage docs? I would show the judge the closing docs if you have. It should be on your HUD statement. You were clearly defrauded as we all were, but even more so since you went thru MERS probably. If your mortgage and note would have originated with chase, it would have more than likely been recorded as such as mine was. In my case, chase used the fake POA to turn over to Fannie Mae. That was the stall tactic they used on me. They have clearly always held my note and mortgage (cant say too much) but they tried to pull that line that Fannie mae was the investor, but I was part of the WAMU and Chase merger which is a mess in itself.
As I read this I must share tha as of today, October 21,2015, it’s all still going on and nothing has stopped….MERS is still alive and well and the funding banks upon closing, the loan is pooled and sold!!! My son just bought a home and MERS is listed as the nominee for the lender??? Nothing is different with these fraudulent foreclosures, sorry to say
MERS has clouded title on over 75,000,000 properties to date, and while we scream to have Glass-Steagall (from 1932) REINSTATED because that’s the ONLY way all the value in EVERYTHING doesn’t get ‘securitized’, sold in to Trusts, and traded (& bet against) like rubber checks. Reading Banking Websites, here’s where we’re at:
Commercial Loans are being sold in to these Trust Vehicles.
AUTO LOANS are being sold in to these Trusts, and here’s where it gets REALLY CRAZY,
even LEASES are now being (as an UN-COLLATERAL-IZED / unsecured) ‘Securitized’, which means the Trusts are betting on all theses LEASEE’s Make ALL their Lease Payments, or “Poof” out come the insurers again to settle for the Trusts?! Folks we’re (and worse, our children and GRAND CHILDREN) getting SCAMMED With Every New Traunch, in Every New Trust these mega-banks create (which are by the dozen, per day, containing tens of THOUSANDS of Loans, each).
So ldynps, You’re absolutely right, albeit in understatement; They’re creating more debt than the world will be able to repay for a hundred years, if they keep up at the present pace, that creation will have been in 20 years, total. That’s all the time it took to bankrupt the world and leave Capitalism on the ash heap of history. I understand the mindset of the socialists screaming for bankers heads on sticks now (as a former banker myself). Just know ALL the major players in BOTH Political Partys supported and were enriched by this debasing of the value of ‘everything’ we consider to be of value.
BOBBI SWANN
October 28, 2015 at 12:51 PM
EXCELLENT post Mick. Education is the key and securitization and collateralization are not understood by the John Q public. We definitely need to bring back the Glass-Steagall Act or the economy is doomed along with this country.
No doubt Hammertime and Angel, Chase is head over heels in fraudulent paperwork. I am just waiting to see what else they want to forge in my name. They just keep digging themselves deeper. I say sit back and observe because at some point it will be so deep that hopefully they will not be able to get out and hopefully the govt. will stay out of it next time and there will be one.
Angel they can do whatever they want and you need to understand they’re trying to get away w crimes against, you need yo answer like lms is saying and charge them with their forgery or whatever criminal act. Sounds lije Chase is getting worse, they sent different originator to OCC and completely screwd up transfer to PennyMac. You nay want to review CFPB rules for violations.
They can get confidential papers that DONT pertain to that bank ANYWERE on what grounds? & I have plenty of exhibits included in the motions WAITING IN ABEYANCE,plaintiff has pulled stall tactic after stall tactic,,,but I’ve complied with EVERY request from plaintiff, & they have held me waiting for summary judgement motion they’ve claimed is coming for 5months now,,,no motion came only subpoena notice that I filed motion to quash,,,this CANT be legal right?
lms53
October 21, 2015 at 4:13 PM
you are supposed to receive a copy of all the docs you sign at closing prior to closing. I would look at those if you have. I would not give them anything that they can use against you (not that you would ) the way things are, they could take your confidential papers and doctor them (if you know what I mean). It is so crooked. Save you real ammo and go to federal court if you can. However, I don’t know how a judge would perceive that, maybe ex-parte kind of stuff, u know one sided like, but they play dirty so we have to. Call their bluff if you can!
Angel
October 21, 2015 at 4:27 PM
Ims53 we didn’t receive any papers other than loan app,ALL documents were signed the day we closed,two sets,,,,one stayed with me,other went with signing agent,lender of my only mortgage was Freedom Mortgage,they were to RECORD my note/lien/deed…..NOTHING was recorded,,,,paid on my home 3years,¬ listed as a homeowner anywhere but I’m in foreclosure,&have been since 2010…still in my home,but a prisoner,,
I have in my motions,false claims,false cause of action,forged documents,fraud on the courts,fraud in the indictments,no standing,invalid chain of title,I’ve raised the fraud in my case in courts,now waiting…….
Angel
October 21, 2015 at 4:12 PM
This was 2 Hammer time,it replied under me but meant for you hammertime:-)
Angel I would subpoena the closing agent. They know where your file went, (i.e underwriter, etc). I am not sure why the bank would subpoena your realtor. They don’t know anything, but the closing agent would and you might can get some info. from them. These title companies knew what was going on. They were cashing in on these loan shark feeding frenzie as much as the bank. They do the HUD statements.
They subpoenaed my realtor because my realtor was at signing of my home loan to another bank NOT chase,chase is trying to say I had loan w/them,NEVER HAVE,,my realtor filled out witness statement of signatures,initials she witnessed & they don’t match what plaintiff submitted to courts as originals.
Angel
October 21, 2015 at 3:38 PM
I included her witness statement as exhibit in motion I just filed yesterday:-)
lms53
October 21, 2015 at 3:43 PM
did they have an assignment recorded to chase? If not, its 100% fraud in my opinion. Sorry I cant be more help. I signed my note and mtg docs with Chase, but the note and mtg appeared different ( and I will not say how as I am planning on using it at some point) than the one they recorded in the clerk of court, but I would still ask the title company where the paperwork went initially. Who was the original bank/lender?
Angel
October 21, 2015 at 4:16 PM
IMS53,,No assignment recorded anywhere,bought this home in 2008,NOTHING WAS RECORDED.
I have a question,I received notice of subpoena to my realtor from plaintiff,(chases counsel) 5 DAYS ago,filed motion to quash subpoena on grounds of confidential papers plaintiffs were not involved in,& more exhibits showing the fraudulent actions trying to establish standing they don’t have,well just received email from plaintiffs counsel saying he received the file from realtor?????I filed motion to quash this subpoena YESTERDAY????? IS THIS LEGAL??????
Ben, I am with you. You are right, now is not the time to walk away.
The waters are very favorable for justice in this Chinese fire-drill of a carnival i have been watching now for 9 years. Let me share some very + news as of a couple hours ago….and Lord knows it’s been a while and we need it.
my second home stolen was a charming 2bed… corner lot…super exposure….close to everything…historic…a gem. David Applegate, former ceo of american home mortgage…after 20 months of chaos…finally agreed to offer me a loan mod…that was on a Friday in 2012.
The following Monday my 10 year investment…my home..was on the chopping block. Thanks Dave….now he is CEO ?? of fannie m.. Hmmm….
anyhow…i learned today that CFPB nailed Ocwen w a $2.125 B relief sanction. $125m in cash to those of us screwed by Davey boy…. I submitted my claim…today…nearly 3 yrs to the day. could there be light at the end afterall?
I do not lose my right to take them to Court if I do accept a settlement….same with FretLife…who..bytheway…is forever barred from writing home loans…karma. so justice shows up….late…years late for some…but she shows and she gives me hope. CFPB is the big kid on the block now…w very sharp teeth.
so chin up campers….its a new dawn & the wind is at our backs. I hope to report a win or two when this dust settles…. MetLife is going to come back to Idaho for our day in Court. This time WITH a judge present. No more RICO deliverance games. time to put your big boy pants on.
cheers… yeah turned a major corner in my own recovery this week. life goes better w O2.
wanted to say one more comment about the sleazy…crooked attorneys who molested our Courts….knowingly…and who turned their own j.d. degree into a cold bowl of sludge.
i made the decision to contact Idaho Bar & the Judicial Review Board. The way I see it…a no show Judge should never be a Judge in the first place…. and lying attorneys to me are like drunk drivers….they should both be arrested.
In idaho there is a pool of money most attorneys pay into….like a crime victims account. I would STRONGLY advise you to make contact w your State’s Bar and get the facts and forms….then decide.
I wont make any friends but you know….they did this to themselves.
Integrity matters. Good luck all!
I agree we need to keep complaining to our local, state, and federal authorities, but I disagree about contacting the Bar Associations, I just spent more than a year filing a complaint with Florida Bar Association, I even had the President of the Bar involved in my case, and I saw first hand how corrupt the Florida Bar Association is, I went thru the whole complete complaint process, and most people don’t complete the process, because it is so time consuming, it is a maze designed to wear you out, and make you give up your complaint, the truth is the Florida Bar was created to protect incompetent lawyers from the public, I absolutely saw first hand how the Florida Bar Association will go to any extent not to reprimand there lawyers, even for criminal behavior like my Lawyer demonstrated,
Hi Mr.Howard:-) if I was you,I’d go above Fl,bar association,each state has one but you contact the higher up’s,,,all have someone above them,with more power,&can assist if enough similar complaints surface,,,&yes its time consuming but if you stay the course you can make a difference & bring these crooks to answer their wrongs,while being punished or dis-barred.the more people report to ALL ears they can,the less these lawyers have rein to play this fraud closure game NONE OF US chose to play:-) 🙂 I say.6 6 million Americans lives are flipped upside down RE-STARTED all new complaints,& it will start new wave not easily ignored…keep these crooks CRIMES IN THE LIGHT:-) best of luck to u sir:-) &DONT give up:-)
They had cancelled all of the court dates in June and July with nothing in the future. I have one of the best law firms representing me but I had texted him about 2 weeks ago and never heard back. This has really taken its toll on my wife she tried to commit suicide back in February.
My first post on this site: after four years of litigation & 103 motions the bank was given summery judgment . The trial was a mind-boggling exercise in futility . I was represented by a well known , respected law firm, and had FACTS from paperwork to prove every word of my testimony.
Fast forward one year – the sale was granted a stay, an appeal was filed with the 3rd District Court. Today I lost my home – our appeal was denied Per Curium.
Now I can speak my mind : I purchased my home in 1997 and refinanced with GMAC in 2004 . From December of 1997 until December of 2008 I HAD NEVER MISSED A PAYMENT. Not once . In fact, I was pre-paying the principal down by $200 to $500 every month.
My servicing was transferred to Nationstar Mortgage on December 1st 2008 – they told me that first payment had not been received, and placed my mortgage in default within 45 days.
I had in my possession literally every single document from the day I purchased my home. At some further date, with the approval of my attorneys I would like to place my trial transcript on the internet as an example of what can only be called a disgrace to our justice system.
I will say goodnight but not goodbye , and to my attorneys who asked me on day one :” If you have a case we will fight for you, if you are trying to stay in your house without paying your mortgage , we will not accept your case” .
I thank you .
DEBT COLLECTORS! they bought our home loans even though we were not in collections or late in our mortgage payments the “banks” decided to open DBO-DBA’s debt collectors eg..COUNTRYWIDE-RECONTRUST-IMPAC..HOMEQ-AMERIQUEST-OCWEN-Altisource-.. did everything possible to make our loans late and in default! plus the famous “loan Mod” scam! shame on our government!
I feel the same way u do Angel. Seems there is no end to the criminality of all this and no one in jail. They should lock the lawyers up with the banksters and throw away the keys. When will they learn people’s homes are not a commodity on Wall Street. They will never learn as long as no one goes to jail.
I 100% agree,,the normal consumer pulls this kind of fraudulent actions they would be locked away immediately!!!!!I say keep the complaints flowing,the MORE saying same issues the better the chances of hand-cuff’s slapping the BANKS,FORECLOSURE MILLS,a.k.a so called ”ethical” law firms..write congress,your state reps,&MOST IMPORTANT,,,BAR ASSOCIATIONS,,get these lawyers under microscope,I will NEVER stop until I have resolution.I wish all y’all the strength,peace,resolution,,,,JUSTICE:-)
Hello,I’m STILL in limbo,have been fighting for 5yrs,&the ONLY victory to date is,I’m still in my home &have managed to keep one of the BIGGEST banks in the U.S at bay,,,I’m in NO WAY giving up/in…my American Dream was shredded but not gone,my life is NOTHING as before,the damage/toll I pray will heal,to all y’all fighting Fraud closure don’t stop,read as much as you can,arm yourself with knowledge against the legion of crooked unethical lawyers,&file complaints to EVERY ear you can,,,it will make a difference to your cases,,,my question is ”WERE ARE THE LAWYERS SEEKING JUSTICE NOT LINED POCKETS???guess the saying is true,”Honest people CANT afford the good ones.Good luck to all you all,I pray we all have peace,love,resolution:-)
I’m ha ing a real hard time understanding why my case hasent been thrown out. My case is about foreclosure fraud not a loan mod . I revieed the complaint and within 30 minutes found so many discrepensies With the complaint they filed a copy of my original mortgage that essential with them. Then they filed a lost note under the statue without showing the transfer of the instrument. They claim the note was lost sometime between 2006 to present There many other issues as well. Can someone help to understand why this has been going on for 7 years
Kent – It is hard to comment precisely without actually seeing the documents relative to your case. It sounds like “they” are trying to “create” standing. In an earlier post, you indicated that you consulted with an attorney and that he advised you not to help “them” do their job. Meaning … why pay your lawyer to go into Court to what may amount to helping “them” correct their paperwork to perfect a foreclosure against you? You also indicated that something was “cancelled” (?), so it is hard to provide input without all the information. If you retained an attorney, he/she should be answering all your question(s).
I am new to this board. I have fought the DEMONS of GMAC and its gang for 15 years. 4 months ago I happened to be just looking around and came around all this information. I was so blown away!! I have 15 years worth of fraudulent documents. My very first is the very first sale from Sebring Partners to Residential Funding and Judy Fabar was the first signature. I have so much fraud in every way possible. Robo Signers, loan modification, fraudulent foreclosures, you name it. I have just now begun to take it on. Wish me luck!!
Kellie , I feel free to write now after many years of court cases , a summery judgment and now a lost district court appeal , I have been through it all.
The paperwork you have is extremely important. Collect everything , make copies and keep the originals somewhere safe. Everything else should be placed in binders according to year and content : insurance , tax , correspondence (staple the envelopes to the originals). Every conversation needs to be documented :date , time, person , extention , subject and length of call.
But something even more important ; this is a public message board. Although we are trying to help each other , it cannot be stated enough : DO NOT disclose your personal information. Just as you and I found this board , attorneys and para-legals defending banks and servicing companies are looking too.
The paperwork you have is YOUR CASE , and believe me ,the mortgage companies have no paperwork . Ask general questions without giving out details.
Seek and ye shall find. Poke around on your county records site , put in your last name and first initial, in all categories for the time frame. It will take hours , don’t give up !
Then using the same public records search , put in the mortgage company name using dates to narrow things down. There will be hundreds if not thousands of documents. You might find yours (it will not have your name, but can be recognized by your lot number or plat book page of record ).
It is on these assignments and deed records where you will find signatures.
Also – when you are looking at Company assignments, look at other peoples records occasionally. You might get lucky and find a signature for comparison.
Good luck. Never stop learning. Believe in yourself .
And most important : Don’t let this fight become your life …
Yes just another conspiracy to steal out the last ones standing who did not fall completely into the banks and dirty attorneys never ending pockets. Hold on to your homes and money. If u have made it this far. I would say you have enough against the banksters and yes forget your local court. Federal is the way to get them to take notice
I’m having a really hard time understanding why my case hasent been thrown out. It took me about 30 minutes to find many discrepancies in the complaint. My case is about foreclosure fraud not getting a loan mod. The biggest thing is they show no transfer of the instrument to prove they own the note. The only thing attached to the complaint is a copy of my original mortgage that wasn’t with them. They are claiming lost note under the statue but with nothing to show they own it. There’s a lot more they haven’t even proved standing. Can someone help me to better understand what’s going
I askedy attorney about getting them back in court since everything has been cancelled and was told we aren’t going to help them do their job. What does that mean ?
The banksters will reap what they sow. Never has there been such lawlessness in our nation. Their evil days are numbered. Look at what happened to chase ceo
I am convinced after over 4 years of fighting this that you are fighting a rigged game. The circus of lies and scamming is pure insanity and the judges, lawyers, banks would be I guess actual demonic people obviously in on this scam. They steamrolled foreclosures just like they steamrolled us when they created this mess on purpose. Their secret brotherhood is sickos. When we had the chance finally to view our completely forged actual note at the banks attorneys it was like a frantic scene we had security seize our phones and were told no pictures can be taken in the building or we could not see the document or the police would be called lock doors security. When the document was finally revealed it was literally a movie scene and the special effect was the note that anyone in their right or righteous mind would say thats fake. A doctored document, a fresh yellowing from the florida sun. I flash to the scene some Glen Gary Glen Ross type guys tanning sipping martinis and they are tanning with all of our notes laughin and laughin money and cigars tossed around. The document was just like you left it in the sun and then the staple massacre this poor fake note was stapled to death because obviously its been handled and restapled at the studious banks over 10 yrs. 4 pages pulled apart and restapled over and over.Fast forward to judges hands. Two completely obvious different signatures the yellow blatant forgery and a blatant corrupt judge in on it that would be Judge Mcgovern NJ actually he would not even allow me to speak and threatened me to not speak in my day in court after all these years.This judge looked at this and let the bank steal a house how do they live with themselves? The evil astounds me
From first hand experience they are all in on it your lawyer too. In cahoots conspiring its the quintessential greed movie. On a positive note an awakening is taking place the world is groaning and yearning for justice. Soon each and every evil liar that has a hand in stealing your homes will be reaping what they have sown. Habbakuk
5 “Furthermore, wine betrays thehaughty man, So that he does not stayat home. He enlarges his appetite likeSheol, And he is like death, neversatisfied. He also gathers to himself allnations And collects to himself allpeoples.
6 “Will not all of these takeup a taunt-song against him, Even mockery and insinuations against him And say, ‘Woe to him who increases what is not his- For how long * – And makes himself rich with loans?’
7 “Will not your creditors rise up suddenly, And those who collect from you awaken? Indeed, you will become plunder for them.
8 “Because you have looted many nations, All the remainder of the peoples will loot you-Because of human bloodshed and violence done to the land, To the town and all its inhabitants.
9 “Woe to him who gets evil gain for his house To put his nest on high, To be delivered from the hand of calamity!
10 “You have devised a shameful thing for your house By cutting off many peoples; So you are sinning against yourself
Excellent post!! I still say and will continue to say it is NOT in the Court system that we will win. Bring it out, out to the public, out to the masses, out to the media. Let your voices be heard. The courts are corrupt. I repeat: The courts are corrupt. Judges are attorneys first and foremost and who do you think they will owe their allegiance? to some lowly borrower who stands in front of them? or to the many attorneys surrounding them and who fill their coffers with campaign funds? I am cynical and know why? We have placed more emphasis on racial issues than we place on humanity as a whole. Who’s in the news? A family that is thwarted from their home, deprived of their wealth as a homeowner, a suicide from a forlorn victim of false foreclosure? NO sir! We’re too worried about the man/boy with a crimminal record a mile long who got shot while committing yet another crime and whether that will bring on racial violence. It is absolutely beyond all human comprehension that our focus is so far outside of humanity. Pal stated the facts in the post, an awakening is taking place and it isn’t at the set of the TV show the ZOO! So, my friends, be prepared, but do your diligence in revealing these acts to ALL peoples.
ldynps: I have come to the same conclusion after many years and helping many people in many States. Would you please contact me so we can compare notes and strategies.
Anyone wishing to participate (means to contribute, has knowledge and experience, not to ride coat tails or get schooled, suck energy etc. We have many places available for that. This is to make it happen without all the BS, paytridiot stuff or contel pro junk! Thank you) send a note to truthmonger6@gmail.com
Make initial contact to be vetted (have some stuff of your own to show you have the knowledge, experience and the balls to follow through!)
To all the rest remember the game is not about truth but forcing the players to play by the rules. Or as I have learned “To box them in” so there is no place for them to go but where the law states they must go. Ultimately at this juncture it is apparent that no court is going to put any of these players in jail, so go for the large settlement by putting together a prima facia case of criminal acts (read the elements of RICO and 42 USC 1983)…. work the State courts to gather your evidence, exhibits, self-authenticated documents of the fraud and collusion (do not rely on discovery in any court!! if it is detrimental to the banks or the attorneys, however by playing stupid victim and clever information requests where what you’re really looking for is hidden, and they think you are not a threat, (does not go to the legal department) one can gather substantial amounts of dirt).
I have managed to help a reluctant, refuses to study, invariably waits till the last second to throw together something, won’t do the simplest thing like send one page letters I have dictated, explained, re dictated, and in the end actually wrote the damn thing for him, one page letters to various parties for over a year, and still managed to keep him in the house for over three years. So do not discount the power of the private!!!!
I have managed to keep four businesses from throwing me out of one house after fraudclosure over 5 years ago, by presenting the fraud that is so obvious on the record and they take a pass, hand it off to the next one. (they have no interest in any court battle themselves, so they move on to easy targets who refuse to turn off the TV and actually read the law, procedure etc.)
Remember, it is all about the little guys making a buck!!!! If they know it will take them months of litigation (remember that a fraudclosuer does not take away your other rights to the use of the property only a decision of the court as to the “equitable value”. They still need to do a writ of possession (which in many cases they completely skip, because you can start the whole process over again since they have no true claim or “right” to the property and you can fight them off for many years there too). When the low life schmuck who has already sold his soul for a JOB and the alleged “security” that comes with it, finds out he has to put work into something and actually “take” the property from you, they tend to go elsewhere. I show them the fraud and by laying it out properly along with things like 18 USC 241, 241 and 4 (misprision of Felony) and that I will be making them defendant….. because now they cannot say they did not know and became a knowing party to the crimes.. tends to dampen their spirits)
Turn the tables on them… they rely on people wanting to get it done and over with and not learning, getting frustrated etc (yes I went through all that and the depression for years knowing this is the very same country which I volunteered to put my life on the line for the protections of “Life, Liberty and Pursuit of Happiness” and is now the worst enemy we have… ourselves) But if you realize this is your newborn child which you need to raise and learn as you go and are in it for the long term you will be able to frustrate them, cost them precious resources, time etc and all the while craft-fully gathering prima facia evidence to be used when you’re ready to make your suit, your whole attitude will change form Victim to Victor. So be a “winner not a whiner”..
Once corruption no longer is profitable it will cease!!!!!!!! And by suing for millions (a friend mentor who has brought them to the payoff table in every property tax, theft of property under color of law, case he has filed) sooner or later the “Cost of doing business as usual” will no longer be “cost effective” and why not put a few buck in your pocket along with keeping your home. The payoffs to the judges and the leverage/power will cease and a huge wave of criminal charges will result.
Remember, THIS IS YOUR COUNTRY, YOUR JUDICIAL SYSTEM, YOUR COURTS, YOUR STATE OF AFFAIRS, YOURS NOT “THEIRS”!!!! IT IS YOUR MESS, YOUR RESPONSIBILITY, AND YOUR DUTY TO CLEAN IT UP FOR THE NEXT GENERATION!!!!
THE RIGHT TO HAVE AND BEAR ARMS IS A FUNDAMENTAL RIGHT, TO HAVE THE ARMS OF THE LAW AND BEAR THEM AT EVERY OPPORTUNITY!!
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Blessings… truthmonger6@gmail.com
Tony depending on the state bank tactics have been to change jurisdictiin to federal courr for their advantage. Could be matter of state laws being stronger in some states or grinding people down witg their deep pockets or even specific judges history being pro bank. When you’re fighting for years and know truth of the fraud done to you hard to see how buyout Is a good deal. If you don’t have the facts or conviction or are looking for a way out of the trap getting something insteas of getting completely steamrolled could be the choice that has to be made. The only way to compare is if same issues, court, judge it seems..
Roger Chase also breached 2 loan mods with me that have never been told to the judge in the local court. I am in a loan mod again and waiting to see what the final mod will look like. If not happy I will expose them in the local court or federal court. Which is best? I was also part of a class action with chase for breach of contract and received nothing. They paid their way out as usual. I still have a couple of tricks up my sleeve too!
Fed court could also be a trap. You need to check out court like WA advocate lawyer said. Best way to turn the tables is TILA rescission. Check out Garfield’s post today.
Hammer, How can the fed court be a trap? Please explain as I’m considering filing one in fed court. My friend filed one via loan lawyers in Broward and got a reasonable buyout offer.
Because the banks have convinced the US Government that if they go down for this crime, which is the largest crime to EVER be perpetrated in the HISTORY of the United States, then the US Economy will effect the entire world, the oceans will overflow and the mountains will crumble! There can be no other reason that this crime is being allowed by the Courts and Judges! It’s beyond what many on this site even know…file lawsuits against the banks attempting to steal your homes in Federal Court…the lower Courts are NOT the way! I know this because it happened to me on 2 homes, one in California and one in Florida….same story in both States! My suggestion? STOP fighting in the Curcuit Courts and District Courts….Step up to the Federal Court and accuse the banks of using forged documents in order to win your home, which by the way, has been paid in full by the “DEFAULT INSURANCE POLICIES the banks took out on every single home they illegally past through the banks replacement to the County Recorder, MERS…63 million homes people…this crime will take some 20 years to grab that many homes!! STOP your nightmare by searching for Notary signatures, IT DOESN’T MATTER…STOP thinking you will get justice because all the fraud you found….it just doesn’t matter!! That’s what I learned and I share with everyone who is going through it!
Kellie Rider
September 17, 2015 at 8:41 PM
I am in Texas and getting ready to file a suit. I have 10 years worth of documents. You name it the mortgage company did it. Glad I seen your post as I was wondering which way to go. I have seen comments to file only in district but I really didn’t think that would work. Banking is Federal.
After loosing 2 homes to fraudulent foreclosures and the Florida Courts allowing it to happen, despite mounds of forgery, the only way to really fight is to get out of the Courts being used by the banks attorney’s…FILE YOUR OWN LAWSUIT in FEDERAL COURT naming the banks attempting to steal your home! While you are in the Circuit Courts, you can’t win, even in the Appeal Courts….STOP your own nightmares and sue the shit out of them as the PLAINTIFF…I only wish I had been given this advice when I was fighting in the wrong Courts….The Judges in Federal Court have not been bought off….yet! Fight in another direction cause this way…DOES NOT WORK FOR THE HOMEOWNERS…..
since 2009, chase cant use any honest lawyers. here in broward county, their attorneys all have unclean hands. they are either ignorant or liars and I believe they are both. good luck!
Thanks Tricia. It’s been a long hard fight. Your right it’s taken its toll on both of us. We to court dates set in June that were cancelled and nothing rescheduled Chases attorney , Ronald Wolfe and Associates signed a new attorney to our case. They have harassed me with summons for cancelled court dates twice. Bank of America pulled all their foreclosures from their firm. The leopards spots don’t change because the people involved start a new company. We are going after them for unclean hands and have a really strong case How long have you been fighting them ?
kent, sorry to hear about your wife, but this is what these banks have done to people’s lives and they must pay. the house next to mine , I know the bank has lost a lot of money and now an investor has bought it and will rent it out using airbnb. my neighborhood is all rental now where it used to be all stable families. I have fought chase for years too with albertelli being the latest corrupt attorney on chases payroll. they are so incompetent. it is so frustrating.
Tricia the problem is that most of foreclosures they got away with. The few of us that has decided to fight are getting banged up in the court system. My wife and I are now in our 7th year and this passed February my wife attempted suicude. It has taken a major toll on her. The original law firm for Chase was Florida Default Law Group. Google them for a good laugh. Their senior partner bought them after the State Attorney Generals office went after them. Nothing happened though. Our state recieved millions from Chase in a settlement of wrong doings but yet here we sit still stuck in the court system I have had a. attorney for almost 4 years. Statue of limitations have ran out too
Kent – I am in my 8th year with Chase and also has the Ronald Wolfe & Assoc (yes, the old Florida Default Law Group). They also keep changing attorneys and cancelling court dates. Who is your attorney representing you?
Robo-hobos and deposed despot super-stampers are abundant in everyones paperwork.
I beleive your government is furthering this fraud through the courts.
I believe that the banks are paying off judges with satisfactions of mortgage being filed by MERS.
As insurmontable as the battle appears, you owe it to your family, your neighbors, and yourself to fight these bastards at every turn.
You will lose your house in the end, but the longer you stay and fight the fraud, antagonize the corrupt courts, and force the foreclosure-mills to keep generating forged notes and assignments, you’re winning.
I don’t see how u r winning if u lose your house. Anyone who has been thru this knows already how corrupt the banks, attorneys and judges r. If u want to win in the courtroom. U have to learn to think like they think and maybe u will keep ur house but it’s a helluva fight and it will wear u out mentally and physically when u r the lone warrior with a lying and manipulative swarm around u. But I agree u should keep up the good fight because hopefully and eventually the right people with the right kind of power will take notice and put an end to ruining ” the American Dream “of home ownership for those who still believe in it.
I won because I fought and kept the roof over my families’ collective heads for 11 years in spite of Wells Fargo trying to default this illegal loan. Did it pro se for four, with a lawyer for four, in the most corrupt districts in the country. The mathematical tally is one thing (last payment July 08 less 9 pmts over 2 breached mods), the other thing is that we’ve put lots and lots of people on notice. There are still causes of action left to be fought in state court. Waiting on another foreclosure.
The moral of the story is that the battle continues and wins are there. LOOK AT FLORIDA, FOR GOD’S SAKE. You will never hear about the “victories” elsewhere because of settlements under seal.Only published smackdowns get the press, and those are very, very few indeed.
I feel as though I did my share, I learned more than I ever cared to about securities, property and mortgage law, and helped numerous people stay in their homes. Once I even got to the point of arguing with an attorney over a homeowners’ case and came dangerously close to practicing law without a license. Big trouble there.
My time has come to move on. My choice, not theirs. I have a couple tricks up my sleeve yet, but I won already.
BOBBI SWANN
August 31, 2015 at 5:50 PM
@ rogerrinaldi – Roger , how can you say you ‘won’ when the 7th Circuit State of Appeals denied your claim in February of this year? (http://caselaw.findlaw.com/us-7th-circuit/1692062.html). According to the record even your attorney was sanctioned with a fine. I don’t think that filing for bankruptcy and then having it reversed helped your situation at all; in fact, it infuriated the Florida courts even more. And this was a WIN?
@ Bobbi Swann: How can I infuriate the Florida Courts? I’m in Wisconsin. Any time a judge calls you “frivolous”, you know you’re on the right track. The “frivolous submission” was the Wells Fargo Foreclosure Attorney Manual.
BOBBI SWANN
September 1, 2015 at 11:48 AM
@ Usedkarguy – unless you are the same person as rogerrinaldi that comment does not apply to you. It was directed to rogerrinaldi. I was referring to the 7th District Court of Appeals (Florida) for the case against Roger Rinaldi. Are you using two different usernames on this site and are you the one in the same Roger Rinaldi? Not quite sure why usedkarguy would respond to a posting directled to rogerrinaldi….
@Swann…..Sorry you’re slow. I am Roger Rinaldi. The usedkarguy handle has been been there for many years, Bobbi. I have a wordpress blog with my name (neglected lately, sorry readers). I just happened to be in the browser that keeps my live feeds going when I commented.
The judges purposely misconstrued the record, no matter how many times we re-iterated the truth.
How can a judge sitting on a foreclosure case that was closed in 2010 possibly find nothing wrong with assignments filed in 2011?
How can a judge (Kelly) state that “The Wells Fargo Home Equity Asset-Backed Certificates Trust OR ANY SIMILARLY NAMED TRUST may proceed against the Rinaldi’s in foreclosure”???? HUH? Then Stadtmueller confirms. We’ve had multiple non-existent entities filing against us for 7 years. The correctly named entity was only used after we jammed it down their collective throats.
When the cause is just and the fraud reaches into the judiciaries own retirement plans, no other results can be expected.
Unbelievably, the rulings are now a matter of law, like “In re: Edwards”, where the court stated the maker can’t object to their own signature.
Easy to blame myself, my attorney, and the rotation of the Earth, but because my case was so well documented any effort to get to evidentiary hearings was blocked multiple times. They knew this was a landmark case, and did their jobs by violating the Constitution.
Yes Tricia she is. Brian Bly was the notary from Citi to Chase verifying robo signers and Ashley L Bond verifying robo signers from Chase to JPMC Specialty Mortgage. While her signature looks similar I found 3 documents that look completely different
We had a very similar issue with the notary Chase used. We have seen several documents she has signed and notarized. There are a few that you can clearly tell were not her. I believe what is going on is they are actually sitting in basically a call center in Ohio somewhere passing around notary stamps and using them. So, the actually notary rarely ever signs the documents. When I wanted to file a complaint about the notary I was directed to the county where she lived. Man was the lady that Clerk of Courts who over sees that stuff a piece of work. I think she and the lady I was complaining about were probably friends. I got no where, expect that they stated she verified she signed it. They seriously did nothing. I have an entire mail and email exchange with the Clerk that lead me to believe she didn’t really care that Chase was scam. Chase is the largest employer in that county. Plus her husband was some kind of lobbyist.
Good lord Bryan Bly was a definite known robo-signer. I have seen his name everywhere. I think there might have even been a couple court case. But I cannot remember for sure.
Kent, is Ashley L Bond supposed to be a notary? If so what state is she out of? If it is Ohio or Louisiana, the information can be easily looked up online. Ok, I found her, it looks like her commission is out of Ohio. You can search for her here: http://www.sos.state.oh.us/recordsIndexes/Notary/Search.aspx. Her commission # 2013-RE-477083. Ok, so if you want to get a copy of her application for signature verification you will have to contact the notary commission office in Ohio.
Next, you might also just try googling her name with the word notary after it. I did and a couple of documents she signed came up. There are probably more.
Kent, I am not sure who you are responding to but I wouldn’t actually call the notaries Chase uses fake. I would call them robosigners. I have verified with the notary commissions in each state Chase has used notaries from that the notary on the documents is actually a notary. I have also asked to have a copy of the application sent for verification of signature. This is why is say they are robo-signers. On one document it is clear that the notary was not likely the person that actually signed the document. I have found several other documents singed supposedly by the same notary. The signature is similar but not the same, one document you can barely tell who the person what that signed it.
Truthfully, in my opinion, what Chase is doing is hiring a notary and then lots of people are using the notaries stamp and signing the notaries name.
The lady I spoke to at the Ohio notary commission, asked flat out why I was requesting a copy of the particular notary’s application because they had had tones of people request it. That right there tells me if there are that many requests and this notary has supposedly signed so many documents, I would question whether or not the notary really signed all the documents.
Sent a written request to that notary asking for verification, a copy of her log book, showing she actually signed the document. Never heard word one from that notary.
Asked the same of another notary on a Chase document, We got a nice form letter from Chase themselves. Mind you we mailed the letter to the notary’s address not a Chase address. She didn’t supply the information requested either.
Plus, there are known robo-signing notaries. You can google and find them.
Commercial banks are counterfeiting the money they use for credit extensions. This is basic because of Article 1 section 8 clause 5 which essentially gives authority to congress to manage the money supply.
I got a lot of calls from Aames Home Loan from this number (800) 737-1192 this spring and summer. Turns out that number belongs to Residential Credit Solutions, a lousy little servicer in TX. They were bought in 2013 by American Capital.
To Dangeroosdave:
Chase Home Finance, Inc. was a direct subsidiary of JPMCB, N.A., Chase Home Finance, LLC was a “direct subsidiary” of Chase Home Finance, Inc., but an “indirect subsidiary” to JPMCB, N.A. prior to the May 1, 2011 merger. CHF, LLC was not a FDIC member and the merger could not transpire until CHF, LLC became a FDIC member.
Although, CHF, LLC claimed to be the owner & holder of the alleged Note, it also, alleged to be an “indirect subsidiary” of JPMCB, N.A. in 2009.
Who got bailed out with Tarp funds or insurance funds when JPMCB didn’t claim to be the owner & holder of the loan or CHF, LLC who was not a FDIC member, but claimed to be the owner and holder of the loan ?
He’s in charge of making sure banks fulfill the National Mortgage Settlement. Download the Consent Judgement Chase signed and there are guidelines there that deal with broken chain of title, single point of contact, robosigning. He may be getting ready to say the settlements are complete unless it’s too late and he already did.
kent- Chase home finance is one of the dba’s of JPM/Chase. They have reached a consent judgment and turned all their disputes over to the administrator Joseph A Smith. File your complaint with Joseph Smith, the squeaky wheel gets the grease!
Dangeroosdave – Chase Home Finance is not a dba of Chase. There was a Merger in 2011 of JPMCB and Chase Home Finance LLC in 2011. In essence, Chase Home Finance LLC no longer exists. You can verify this information with the OCC. I have it in writing from them from my own case. My foreclosure has been going on since 2007 and in October we will finally get to depositions. Beware, Chase and all of their cronies are as crooked as a bucket of snakes! Almost every case I read about on this blog is with Chase. The Courts are oblivious to their (illegal) tactics of Foreclosure and mind you, they don’t pay a hill of beans to any previous order or the threats of fines. Why would they? One of the largest controlling banking institutions in the country who bankrolls just about every elected official, including Judges! We are all living in a myriad of false promises. We’ve been fed to believe that justice prevails for all. The truth of it all lies in nothing but PURE greed. The thirst for power has overtaken every aspect of our constitution. What can we as defendants do to thrust out the evil in our ‘justice’ system when we are so far outnumbered in that power chain? Judges and all politicians are bought and sold by the major contributors in their campaign….so you tell me, who’s gonna win?
dangeroosdave
August 23, 2015 at 1:37 PM
Yes, the judges are bought and sold, during elections. In this case I am representing USAG, and have met all the notice requirements to do so. Yes, I’m in a non-judicial state, another aspect of my claim, although my counterparty does business in 45 other states and I am representing that class, wherever that may be. I believe such actions need to be forbidden. So far, we’ve accumulated ~2700 pages of discussion of the issue, which is based on wrongful foreclosure, but has now accumulated many other issues. I believe the appellate judge panel at 5USCA is trying to figure out who wants to sign their name on an opinion (either majority or minority) that juries are no longer necessary in America. All of our discussion is complete. I have already prepared my draft writ of certiorari for SCOTUS. From looking at the SCOTUS dockets going back to Alexander Hamilton days, I think I have a 50% probability of prevailing. It seems like a unique legal issue of timely social interest. I’m willing to spend another $300 to find out.
I have been doing battle with jpmc since 2007. I have filed over 60 complaints against Oh 4 unit of jpmc in Gahanna Ohio their loss mitigation unit portraying themselves as a mortgage servicing unit. One of these complaints was for extortion grand larceny fraud robo-signing and forgery fraudulent loan origination and unilateral loan modifications/new loan origination. So far three senior vice presidents have been fired or left as a results. Us cfpb RICHARD CORDRAY allegedly refuses to publish my complaints and has not allowed any zip code higher than 98680 to publish any chase complaint. I am afraid that we have a major cover up of chase misconduct regarding mortgage servicing and manufactured defaults and large scale confiscation of our mortgage payments by chase in their so called loss mitigation department run by SVP KEVIN WATTERS . THE FRAUD PONZI SCHEME THAT CHASE IS RUNNING IS WELL OVER A TRILLION DOLLARS IN REFERENCE TO MORTGAGES AND DERIVATIVE HEDGE BETS TIED TO FRAUDCLOSURES.
Each state has some type of notary commission. Most of which you can look up online. If you are dealing with Chase, most of the notaries are our of Ohio and Louisianian, both of which will send you un-certified copies of the notaries applications. If you need it for court you will need to pay for the certified copy. I have looked up several notaries even spoken to the notary commission in Ohio, nice lady. You should be able to tell you if the notary has had any complaints against them. The lady from the notary commission in Ohio asked me why I was requesting the information because they had had tons of request for that particular notary. If you need help finding where to look up a notary just post what state they are from and I can sure help find a link.
Yes I do. Chase bank has the assignment but Chase home finance filed foreclosure in April of 2009. Chase home Finance didn’t have an assignment until November of 2009
Hello Kent if you are facing foreclosure we can help. We are not attorneys but we do use unique and legal remedy proven to free homes from foreclosure. Contact us at mastersofhomefreedom@yahoo.com And look us up on Facebook at Masters Of Home Freedom. Thank you for your time.
About six years ago, I went to Joshua Denbeaux’s office in N.J. where he told me that I didn’t a case. I’m still fighting this Chase Home Finance, LLC case as a pro se. Four years ago, I went to his office again on another foreclosure case and again he told me that I didn’t have a case. I’m still fighting both cases as a pro se. My first attorney got disbarred(not any of my doing) and the second attorney got reprimanded by the N.J. Supreme Court(not any of my doing) twice. My third attorney tried to throw me under the bus before he filed a motion on my behalf. You would think I would learn my lesson by now. The only attorney who has had more than one successful cases in N.J. is Jeff Barnes who is not even from N.J.
8 years ago the first attorney who knew what was going on told me $20,000 up front. Interviewed 15 more, one charged me $500 to tell me to give up. Paid a scammer $1000 for bullshit (MS). Found a real attorney who understood the issue, partnered with her, called the banks and attorneys racketeers and forgers, now the judges and OLR are out to get HER AND ME! Why? Because the truth will not set you free. The system in place is there to protect the banks at all costs. The DOJ (which includes all the bankruptcy trustees and attorneys who prosecute bankruptcy fraud) are only interested in helping the banks steal the homes of the citizenry.
THEORY: The US Government will be forced to pay off the Chinese in American real property when the country defaults in order to avoid war.
THEORY #2: Fannie and Freddie were bankrupted to pay for the wars waged to protect the petro-dollar.
THEORY #3: With Obama the Anti-Christ successfully executing his lame-duck “kill the Constitution” continuum and the willingly corrupt Supreme Court and CONgress, our Country is failing before our very eyes.
Kent
August 6, 2015 at 1:36 PM
I’ve been fighting Chase Home Finance for now going into the 7 th year. I retained Ice Legal about 4 years ago and they are great. Stratus on my case is all the court dates to go to trial in Kune were cancelled. I thing more is scheduled at this time
frontncenter
August 19, 2015 at 5:19 PM
Sounds like maybe your lawyer doesn’t know as much you think she does
I too went to Joshua Denbeaux in NJ, same scenario, like you, once and than again a few years later. He told me I wasn’t going to win my case. I went back the second time because I had more exact information. He accused me of taking up his time and that I wanted free legal information. I found him arrogant and insulting. The other few attorneys that I went to, basically wanted to help me with a modification, (which I could do myself) and the few attorneys who found major flaws in my mortgage, (one a real estate attorney) said I need a litigation attorney and it would cost me at least $50,000.00 to litigate my case in court. I too am pro se, still, even though I desperately need an attorney. I think the problem is foreclosure cases involve so many areas of law that a lot of these attorneys are not, or will not take the time to review and apply the proper laws or because they do not have the expertise of those particular area of law.
Yes there are many areas of law in foreclosure cases but so is true in many types of civil cases but If you are the plaintiff litigating against a foreclosure action the bank already has control of your money (the property) to use for litigation in addition If it is a reverse or other HUD mortgage with Mortgage insurance they have funds from the U.S. tax payer when they file a claim against the insurance for their need (term “need” used very loosely here) to foreclose on a defaulting property to use for litigation and then if they are like ONEWEST BANK, NA (formally ONEWEST BANK, FSB and now are CIT, NA ) who made a deal with the FDIC to cover 80% of their losses figured at the original value of the mortgages that they picked up at 40% of original value from the failed bank Indy Mac or actually from the FDIC who had control of Indy Mac so they made 40 cents on every dollar they show as losses to use for litigation too. You have whatever they may have left in your pocket to litigate with. I thought I might mention that Indy Mac as ONEWEST BANK are subsidiaries of IMB. Holding To give you a prospective I will use my cause a real value of the property is $220,000. They have $119,000 invested. Between the mortgage insurance and the FDIC they collected $680,000 thus they have $561,000 to use for litigation. They are using your money that paid the mortgage insurance, your money that paid your taxes that they collect through the FDIC. Are you going to spend $500,000 to get back a property worth $220,000? The bank will because it’s your money they are spending. There are no loses being incurred by the bank and everything left over is pure profit. This abuse cannot be stopped through litigation. There flow of money must be stopped and the only way to do that is through the congress and the senate. So start sending letters to your representatives daily, weekly, monthly but no matter just start sending them. We must change the rules so the banks and corporate powers can’t use our money to continue robbing us of what we try and build for our families. This is why it is hard to find a good attorney that knows the laws to represent these type of cases is because they do know the laws and they know that even with a good solid case the bank will litigate it until there is no value left for their client to recover. Especially with the attorney fees pushed beyond their value which these corporate entities do intentional and with your money. This is what I have found is Happening, what I believe to be the problem and a way to start to get rid of the problem. If someone has a better solution please let me know because I am in this to the end. I may have surrendered my battle today that I have been Pro Per Si in since Sept 2011 but I have realized that they are not funding their battle and would continue until there was no value left for me to win so I loose even if I win. I only gave up that battle and got about half of my out of pocket cost back but I am not going away. I will be talking to the vice president of CIT, NA (ONEWEST BANK, NA) again but on my terms next time.
Tony P
August 18, 2015 at 4:26 AM
Brother…the congress and senate are in with them. I’m fighting too. I know. Obama (and I’m black) is a joke. So if he is a joke, what will Hillary or Bernie be?? They are in the pockets of the banks too. So our best bet is to confront Trump (who’s companies have received many bailouts from the banks via bankruptcy) and make them all respond to his answer. If trump is in your area, ask him on record what he would do to stop bank foreclosures.
dangeroosdave
August 22, 2015 at 10:29 PM
Hi Mary – Statistically, it is very unlikely that you will find a lawyer to win a judgment, which is why I am also pro se. I have spent $300 in filing fees and a few hundred in printing. My counterparties, a publicly traded corporation, appropriates $50M per quarter in legal expenses to continue his operation. I have eight attorneys appearing against me. My strategy is to put this case before a JURY before I die. In a dispute in America exceeding $20, that is your bedrock legal right. A jury is not bound by the 1750 pages of RESPA 2015, or the 450 pages of public comment, or the 250 pages of interpretations. A jury is authorized to seek justice, wherever it may lie.
BOBBI SWANN
August 23, 2015 at 11:35 AM
@ Dangeroosdave – Sorry to burst your bubble but if your foreclosure is in a non-judicial state you won’t even appear before a Judge and if you are in a judicial state (like Florida) two reasons why you will never get a JURY trial: 1) you signed away your rights to a jury trial within your mortgage; and 2) foreclosures in judicial states are equitable actions meaning you can have a trial but only before a Judge. It’s not county by county for judicial states, it’s statewide. On the flip side, you can countersue for other actions that MAY allow a jury trial. Again, who has the resources from a defendant’s side to consider such actions? Finding an attorney who will represent you on a “I’ll collect my fee when we win” is more kindred to MLK’s I have a dream.
David Strauss ft lauderdale another do nothing attorney. It’s all about the stall tactic and leave the borrower broke so the bank can steal your home and the lawyer steal your money. Biggest scam going on. NACA in Miami today if anyone interested in saving their home.
Richard Carey in West Palm Beach ! If you see him, run! Nice guy but awful lawyer. Paid this guy 3500.00 and he did nothing but file a few motions. Came time for trial and the guy didn’t even show up. That’s right….NO SHOW! The judge called him from the courtroom and scolded him. Gave me leave to find a new lawyer. I went to Ice Legal and found two great attorneys Thomas Prestia, and Scott Holtz who now have their own law firm in South Florida. These are Real trial attorney and GRILLED the banks witnesses. They kept me in my home, but case is not over.
Oh, then Richard Carey shows up on our Real Estate Investors itinerary as a guess speaker on probate! I did not attend , but I told everyone he didn’t show for trial. They never invited him back.
Then a year later, we were in court for a motion and guess who is also there? Richard Carey. This guy was actually trying to take an old widow‘s home they got via probate. I couldn’t not believe it. This MF was trying to take an old lady’s home who had just lost her husband and going through probate. He looked at me as he was leaving the courtroom and I just shook my head. First you are “ helping people save homes” now you taking homes for profit. What a jerk and awful lawyer. He didn’t even look comfortable in court.
I should have file a bar complaint because the judge noted everything on the record, including the phone call to Carey’s office and said I should get a refund. But I just let it go. Don’t have time for evil people like him. God will take care of him. RICHARD CAREY !
Tery, you sound knowledgeable on foreclosure litigation. I normally have a really hard time finding people to have smart conversation on the subject. I’m 4+ years holding on my case against Wells. If you are a “make things happen” type of person, it is always great to learn new things from proactive people like me – YOUAREIN at OUTLOOK, COM, AU
I met attorney David Straus a couple of years ago, I paid him to review my case, he is a creep, lazy, stupid and arrogant, he it as worthless as tits on a bore, stay away from that loser, if I had listened to him, I would of lost my case,
There’s 2 NACA’s. STAY FAR AWAY FROM “Neighborhood Assistance Corporation of America” not the “National Association of Consumer Advocates”
The 1st ones are work for the Banks. They claim to be non profit but the Banks pay them millions to stall and give the runaround. You will end up worse. Do not do a Modification or your done. Make them show you the original paperwork. You have every right to see it. NOT COPIES… ORIGINALS! If they can’t or won’t provide it tell them to go FU(% themselves.
i have been fighting chase for years. I have also uncovered what they are doing in broward county florida. no wonder we have such a supply shortage here. jp morgan chase is holding the mortgages for all of blackstone properties. they own over a 1000 properties in brward, wall street has moved to broward county florida.
I have just received an email announcing an event in Dallas, Thursday, September 17, 2015 – Friday, September 18, 2015 that could be a great opportunity to “protest” the mass fraud being perpetrated on the millions of homeowners under attack. The conference, AMERICAN CONFERENCE INSTITUTE is presenting a forum headed “Residential Mortgage Litigation & Regulatory Enforcement” explaining to “Attend to benchmark your current strategies, learn the latest Government enforcement and regulatory priorities, and get judicial insights from top federal and state judges.” Check it out yourselves at: http://americanconference.com/2016/804/residential-mortgage-litigation-regulatory-enforcement
The cost to actually attend is $2,000, however, an occupy style protest would be an ideal opportunity for those of you who are fighting in the great State of Texas. I’ve lost 2 homes to this foreclosure fraud and certainly cannot afford to be there myself from Florida, however, if this actually posts on this site, I strongly urge this protest with signs exposing the fraud and the facts of their continued strategies of “how to steal our homes through the litigation processes that will be going on during this one day event at the DALLAS MARRIOTT CITY CENTER…..It’s unbelievable that the lawlessness is still going on!! Fight all you can or America will be a homeless civilization! email me at elysedelfrancia@gmail.com
I am alerting the board and innocent citizens that are seeking representation. Joshua Denbeaux a NJ lawyer is a crook and very dis-honest! He is scamming homeowners not defending them in the process whatsoever he is shadier than a character in a movie. It seems he must be a shill for the banks. If anyone else has been through the same experience with him or his firm please post to the board as a class action suit is in the works to take him down he is worse than the banks he is destroying innocent people on their last legs and stealing their last pennies. It does not get any more evil than this folks!
Unfortunately, there are more than a few NJ lawyers who have taken advantage of the foreclosure gravy-train only to, ultimately, compound the homeowner’s hardship. While I did not retain Denbeaux, I had some experience with him and retained others that left me in a worse position than I was in before they got involved. Most of these lawyers have no litigation skills and can do no more than stall the process until they have bled you dry. If you can align with others who have retained the same lawyer with similar experiences, then, perhaps, you can get a mass joinder complaint filed. At the very least, I hope that you file for Fee Arbitration and then, file an Ethics complaint. At the very least, you may get some peace for your pain in knowing that you took some type of action.
I would like to know if you reported Joshua Denbeaux to the board because he was our attorney for a foreclosure case with Chase Home Finance LLC. Chase was ordered to pay $7000 in counsel fees for motion for sanctions pursaunt to the frivolus litigation rule and statue ; and ordered by the judge to reinstate the loan in 2011 and it never happen . There was a mediation with meeting with Chase and our attorney and myself and my husband and the mediation judge in January 2015 and the case was settled and we were told by our attorney Joshua Denbeaux that Chase can take us back to foreclosure.
Pal
November 9, 2015 at 1:16 PM
We have not filed a complaint with the board yet. We at this point feel the whole judicial system is a 100% fraud. We watched this first hand the judge, bank attorneys (even the police as our home was robbed by the banks contractors and they would not do anything, sent us to trenton to get even a police report) are all in on it and I feel the fight against banks is over. Denbeaux is actively gaming the system with a little niche himself just wants your money each month pushes around your paperwork with no intention of litigating he is the “sleezy car salesman” lie after lie selling homeowners he will help, he will not, you will chase him for truth he will get angry and twitch and crawl out of his skin till you give up . I would have no faith that a complaint to AG or Board would be any different. A possible class action against Denbeaux may have enough juice. All these men defrauding homeowners are in on it, at this point even an insider whistleblower wouldnt even make it to the press who has virtually ignored one of the biggest crimes I have ever seen in my lifetime.
Eugene Villarreal
November 9, 2015 at 1:49 PM
Hello Mary, I have/had Chase Home Finance, LLC for six years in N.J. and was wondering how you settled with them. They changed to Seterus early this year.
Eugene (AFN)
lms53
November 9, 2015 at 1:58 PM
I am curious too Eugene. Chase concealed a loan mod from the courts here in Florida and the date on the summons was wrong because they led me to believe I was in a hamp modification for 11 mths. and then they reneged. I was trying to get a copy for two yrs to show the courts and they ignored my requests. I finally received it 2 days later after they got judgement. It was all blacked out like they had highlighted it somehow so it would not be found. I was also in fed lawsuit where chase had breached all these loan mods but as usual it was a payoff and we got nothing.
Have you alerting the board about Joshua Denbeaux yet because he was my attorney and didnot finish the case but got payed .Chase was given motions for sanction pursuant to the frivolous litigation rule and status; I think he is all the thing’s you said.
Okay, so here’s one for the books. Aames Home Loan was granted a writ of possession today. Choice Legal Group (formerly Watson) brought suit some years ago in the fictitious name of Aames Home Loan, which was the DBA of Aames Funding. Neither has been viable for years, yet the suit continued. In all of these years we have never been able to find out who Choice Legal was representing. As of 2012, I am Aames Home Loan. I am not the loan servicer of long ago. I own the fictitious name in Florida. Subsequently, Choice Legal filed for title to Aames Home Loan in c/o their offices (nothing smells fishy about that!). Most recently McCalla Raymer, another law firm became “co-counsel” (huh?) and filed for writ of possession, which was granted. So now the phantom Aames Home Loan, expired fictitious name, has the legal the ability to own real property! McCalla Raymer would not say who Aames Home Loan is either, just that “someone is paying them”.
Most States have specific Statutes that prevent banks from using d/b/a/ or fictitious names in their real estate consumer loans. In any event, since you own the name that the Judgment is in, you now own the Judgment. When the Sheriff arrives, you present him with your name certificate, state that you won the judgment, and you did not hire that sheriff to evict yourself. if the document is a “certified copy” of your name registration then the sheriff is more likely than not to say, “This is a screw-up, I am not touching this one.”
I recall Aames Funding sits in the Los Angeles area. It was a small brokerage, not a funder, so they are possibly out of business today.
If you c an confirm Aames Funding is out of business, and you own the name in Florida, then you have the basis for an interesting suit against McCalla Raymer (whom I loathe), since they are advancing litigation without a retainer agreement from the entity they claim to represent in court. And that should be interesting.
moonbugs
August 21, 2015 at 6:10 PM
The judge said it was interesting too, and then issued a second writ of possession, also forbidding any additional affidavits or filings in the foreclosure case. It is being appealed and additional law suits are being considered. Upshot is I am sleeping on the neighbor’s sofa. I was told by the sheriff’s deputy that they had to bring my things out and I would have 24 hours to retrieve them from the front lawn. The locked valuable things up until the clock ran out and carted them away. My furniture was broken up on the lawn before being hauled away, things that I’d packed and was unable to remove from the house prior-to eviction, were dumped and the bins filled with debris, anything metal was hauled off (vintage lawn furniture, plant stands, file cabinets, a side-by-side fridge, and two small refrigerators, tools, ladders, scuba tanks, aluminum oars, etc.), they would not let me have my freestanding rubbermaid sheds (3) or contents. One of the crew, an absolute moron, tried to have me arrested for trespassing when I took pictures of the trailers (from the street and sidewalk – so false police report) before they left (btw, their trucks were not marked with contractor licensing information). The notice said “bank owned” which it is not. The Calwell Banker person who came with the sheriff said it was a “servicer” and could “not divulge servicer’s name”. There is a for sale sign on the lawn as of yesterday. It’s disgusting. McCalla Raymer was co counsel. Choice Legal Group (FORMERLY MARSHALL C WATSON Law Firm) was initially counsel. Interesting indeed!
I have been battling JPMC specialty mortgage for 0ver six years and its just now going to trial . All transfers from my original mortgage company to citiband and then to Chase were done by robo signers . Citibanks assignment has no signatures only initials . The notary also initialed instead of signing . Anyone else in the same sitiuation ?
Ben, who won at trial and obtained the services of four respected attorneys in his battle to defend his home from foreclosure by HSBC – entitling him to have HSBC pay all of his attorneys fees, including the ones who previously had been dismissed by Florida Attorney General Pam Bondi (Theresa Edwards and June Clarkson ) for being too effective in uncovering wrongdoing by the Banksters and who authored a powerful paper on wrongdoing in Florida which was a little too sensitive and close to home for Bondi’s political supporters, , , .only to have HSBC then refuse to reimburse him for the fees of one of Ben’s attorneys, Kenneth Eric Trent ( known locally as the “Foreclosure Destroyer” who is the one who filed a monumental class action against Wells Fargo and also distributes parody Tshirts of the Banksters including one I myself happen wear all the time that changes the logo around just a tad and says CHITIBANK ) who was Ben’s attorney just prior to Ben employing respected Florida trial attorney Bruce Herman to actually finally try the case and who was the attorney who then actually won the case for Ben at trial.
HSBC was timely served a fee demand by Bruce Herman to recover all monies that Ben spent on all of his distinguished attorneys throughout his ordeal, but HSBC’s attorney convinced Bruce to enter into an agreed order with him on the fees telling Bruce that HSBC would rather pay each attorney separately and would do so. HSBC hoodwinked Herman into withdrawing Bens fee demand. Well, HSBC balked when it came to Trent. Trent sued on behalf of Ben and moved to have the original agreed order vacated and replaced by one that included himself so that Ben could finally collect the entire sum he spent, including the monies Ben spent for Trent.
Judge Lynn Rosenthal agreed, tossed the first agreement and entered a new Order that Trent requested, one which will make Ben whole without any further proceedings, including the money Ben spent on his current attorney who represented him at todays hearing, “Andy” (Andres) Lopez, another accomplished trial attorney.
HSBC spent a lot of money on IT’S new law firm that they (HSBC) replaced their original LOSING law firm with for todays proceeding ( ANOTHER losing law firm ), besides having to pay for Bens FIFTH attorney, Andy, who along with Ken Trent and Bruce Herman attended todays matter, which was transcribed for the State Bar, which was waiting for the results of todays hearing prior to deciding whether to refer charges up to the Florida Supreme Court in the matter for HSBC not reimbursing Ben the entire amount he paid on lawyers. Now Ben will get the remainder of his legal expenditures and HSBC will have to explain why it paid so much money to seven different law firms to lose its attempted foreclosure action, and has to pay Ben’s property insurance and real estate taxes for him as he lives in his most comfortable two story townhome by Florida’s remarkable beach.
Judge Rosenthal was gracious enough to allow me to sit at the head of the table to clearly video and audio record and report todays proceedings. The matter is available to you for review and is a wonderful example of how things should run during a proceeding, the decorum and efficacy of todays hearing was commendable.
Last March of 2014 I won in foreclosure with the Court of Palm Beach Conty ordering that the Bank had come to court with unclean hands… gave example of affirmative defence that says ‘fraud, breech of contract etc..etc… in the FJ. Now, I’m waiting for the Jury to award me y damages which is another trial by jury. I hope I live long enough to see one cent of my damages.
Love to read where others come out and stand firm. I have stood firm eight years.
cherane Pefley
John DeCicco
June 3, 2015 at 11:52 AM
Congratulations, Cherane! I am also claiming unclean hands against the bank. Can you tell me which aspects of unclean hands you used? They’ve practiced it a lot in my case. Thank you, John, Vermont
Al
June 10, 2015 at 10:11 AM
Great Stuff! can you or Ben contact me at: rwsi100@bellsouth.net I’m seeking help in my case.
hi cherane there is alot of people in florida who would like a counter suit can you find out if your lawyer wants more cliets? please join our facebook page fight fraudclosure florida. thank you
I recently attended a mortgage closing, at the invitation of one of the parties. The mortgagor dutifully reviewed and signed the 29 pages of mortgagese, the mortgagee was not present. I suggested we just write ABSENT – UNKNOWN REASONS in his spot, but everyone agreed he could just sign all the stuff later. Who would know who the notary might be. We came to the ten-day rescission and I suggested that be marked out and changed to three years, in accord with most recent SCUSA guidance, but nobody was familiar with the process of changing a preprinted agreement, so we skipped over that one too. In reality, I had a suspicion that the mortgagee had already assigned the Interest Rate Lock Commitment into a Collateralized Debt Obligation, and had already surrendered his individual collateral rights to any discrete parts of the CDO. I knew the new owners of the CDO had also renounced their individual collateral rights as defined by their investment prospectus, and the cash flow into the package was insured to AAA+ standards. Or at least BBc-.
In actuality, after securitization, NO ONE owns your property. If you live in it, care for it, and pay taxes…YOU OWN IT! Tell the sheriff to go home (actually our sheriff lives right next door to me). Everything after securitization is a SCAM, among free, knowledgeable, and over 21 investors. If someone appears to dispute this fact for more than $20, take your case to a JURY. Sue the bastards!
Dangeroosdave – I would imagine that you have not attended a mortgage/house closing before. The mortgagee (the lender) is never in attendance as they are represented by the selected title company representative, who should also be a notary. I have no clue what would have been signed by this mortgagee that you wanted to write in “absent – unknown reasons”. The note and mortgage is signed only by the borrower (mortgagor) and that person was indeed present. 10-day recission? There is no such thing as a 10-day recission; by Federal law on a refinance, the recission period is only 3 DAYS. Who in the world is SCUSA? Are you referring to RESPA? Also, lenders (mortgagees) don’t securitize a mortgage with a Rate Lock Commitment not do they use it for a CDO. Mortgage loans are sold in ‘POOLS’ and not on an individual basis. The rest of your post I’ve read and re-read and still cannot make any sense of it.
Lms53
April 27, 2015 at 11:54 AM
Bobbi its lms53 and yes a breach of contract is what they did to me with loan mod. They claimed they did not receive in time but a recent copy I got from chase shows they received the same day I fully executed my end. It also showed up two days after they got judgement on my house. Can I still file in courthouse? These bastards kno exactly what they did
Quick question, under the law a lender must give 90 notice to the borrower before filing a notice of pendency. Is this 90 business days or calendar days? The loan that is in question now has been sold! it gets better and better…
My bottom line is- is the mortgage loan being paid? Generally, with foreclosures, the answer is no. Billions of dollars in defaults across the land and everyone wants a free house. I’ve worked in the foreclosure field for years and I’ve heard so many allegations of false documentation and most of them, if not all, were nonsense. If you’re past due, you need to rectify it, by either bringing the loan current, selling the house, refinancing or something else equally responsible. It’s hard to respect someone who spends years (in some cases) not making a single payment and then complaining about documents.
You have no clue what you are talking about. Is the loan being paid ? I think the better question is why is it not being paid and who fault is it. Second, yes the bank is being paid because they have mortgage insurance that pays the full value of the loan soon as it is in default. This is why AIG almost went bankrupt, insuring these bank loans.
So this is what you get. The banks gets paid by the homeowner for years, until they can’t afford the bad loan terms and default, then they file the insurance claim and get paid face value of the ORIGINAL loan amount, then they take back the home and re-sale it at auction for even more profit. Hold on…it gets better! They have a judgment against the homeowner, so now they can go after them financially and get even more money!
Now do you see the game, it’s more profitable for the bank to foreclose than to modify. Wake up!
Moreover, if the banks had followed the law, they wouldn’t need to make fake documents! You think everyone wants a free house? WTF? 99% of people just want a FAIR modification, Since you have been in the foreclosure industry (kicking people out of their homes) for years, then please tell us how many times have you seen ANYONE get a free house? Rarely! If “everyone “ in foreclosure wanted free homes why are MILLIONS accepting BS modifications? You are ignorant to the facts. Sad that you have been drinking the bank’s Kool-Aid to believe those lies. You work for the worst crooks to grace this earth.
“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs”.
Thomas Jefferson,
3rd president of US (1743 – 1826)
Lms52
April 23, 2015 at 9:13 PM
Nobody could have summed it up better not even Garfield. Plain and simple. They preyed on us way over valued properties and the loan mod was a scam from the get go. These large banks are nothing but bullies and greedy and dumps the liability on the homeowner for all of their well planned criminal actions. That b#### that thinks she knows so much needs to rot with the best of the banksters.
Lms53
April 23, 2015 at 9:18 PM
The banks years and courts think they can justify their criminal actions by calling the homeowner a deadbeat and funding the local scummy court system to foreclose. We r smarter than that!
BOBBI SWANN
April 23, 2015 at 11:26 PM
Tony & LMS52 – both responses are excellent but you will never receive satisfaction that this numbskull who responded above will EVER come out of her coma. Just take note that the majority of the population are one of two things: 1) totally ignorant or 2) in the same state of coma that this woman is currently in. We all hold hope, as you would do with anyone in a coma, that they will ‘awake’ and come to their senses. LOL
??? so you did not hear what made most of the credit savey people stop paying their mortgages really? the banks were telling millions of homeowners that in roder to apply for a modification they had to be 90 days late. because of job losses, and losses of income homeowners complied. after the 90 days applying. the the games began, lost faxes, lost fed ex mailers, even lost files. everything and anything to not approve modifications. then they foreclose. so this is actually inclean hands, breach of contract. ect. they were given money for each hamp application homeowners filled out. telling homeowners lies and losing documents so homeowners had to reapply is fraud sorry. i can say no homeowner after the subprime mortgage crash in 2008 would voluntaruly stop paying tie rmortgages. after 2008 many of the mortgages were the 30 yr fixed mortgege these folks had the best credit rot hey could not get approved. these folks were given false statements by all the banks. free house???? the homes all lost more than 50% equity. many put money down and paid for years. the homes they have already been paid for. help homeowners dont be against homeowners
The notes live on regardless of whether or not the original borrower pays Read the note and notice it says “we are responsible” for the payment.That WE is the maker and the originator (seller). And with a fraudulent foreclosure, the homeowner is doing nothing wrong: he’s obligated to defend the title against false claims. The real party in interest is always the owner of the top-tier of the SPV. That also happens to be the servicer.It’s the intermediary relationships spelled out by the PSA that were never followed is what makes the transactions boid ab intio. Denise, there is no default . only servicing into default with the manipulated LIBOR rates application of fees collected by the servicer. The whole origination of “money” from digital “credits” supplied by European banks combined with investor money used to purchase assets that were never conveyed to the trust corpus was simply another variation of a securitization scam based on Ponzi scheme tactics. Wise up, Denise. Or are you a banker?.
HEY DENISE MAHER: WHAT IS A REAL ESTATE TORT?
WERE YOU DENIED A LOAN MOD BY OCWEN/WELLS FARGO?
DID YOU HAD YOUR HOME STOLEN WITH FALSE ASSIGNMENTS AND REAL ESTATE INSTRUMENTS?
WAS YOU HOME INVOLVED IN A ***Securitization (PSA) OF MORE THAN $4BILLION DLLS?
WERE YOUR TRUTH IN LENDING ALTER BY THE RE BROKER?
DID THE CROOKED BANK AKA SERVICER CLOSE YOUR MORTGAGE ACCT FOR NO REASON?
ARE YOU JUST TRYING TO CALL THE ATTENTION?
BECA– USE YOU SOUND LIKE A MORON! ..(a person who is notably stupid or lacking in good judgment)
WE ARE TIRED OF PEOPLE LIKE YOU TOO!
WHAT AN IDIOT YOU TURN OUT TO BE! LOL
GET A LIFE AND DON’T SPEAK OVER SOMETHING YOU DON’T HAVE AN IDEA!
YOU ARE A FOOL AND SINCE YOU MAKE MONEY WITH FORECLOSURES..
THEN WHAT CAN WE EXPECT FROM YOU?…JUST STOP YOU COMMENTS, REALLY, NO ONE HAS RESPECT FOR YOU!
The bottom line is NOT whether the foreclosure is being paid, in many cases it is exactly whether the documents are fraudulent, whether the proper party is foreclosing, etc. You will admit that if the wrong party takes your house you are still on the hook to the real party in interest? There are other factors too which may make a difference, and for the foreclosing party to manufacture documents IS wrong. Perhaps because you are in the industry it is difficult for you to understand, but I’m sure that if someone, or some corporation, screws you over you will understand the concept, even if you can’t relate it to forelosures.
First of all, you’re in New York. The judges are awake. second, you should hire an attorney. Once the phony documents start appearing, contest all and every document.
yup, have an attorney, but working with them…
the “lost note affidavit” has not been filed. and now they say they found it.
The judges are awake, thankfully. The system just seems to take forever
Hi everyone, anyone know if it’s required to file a lost note affidavit or lost assignment affidavit with the county clerk’s office in New York? Still dealing with a fraud case.. long story, but this bank gave us lost note and lost assignment affidavits but they aren’t in the county records. Oh, and they suddenly “found” the note and mortgage too. hmm
Useful notes about fees- Occasionally you will reach a watershed moment in your court dealings and a judge somewhere will authorize your counterparty to submit his fees for payment. You should always audit these fees to determine if they are usual, customary and reasonable, and that a service has in fact been rendered, and in fact a payment has been earned. Step 1 is to ask your counterparty for his letter of engagement with his customer. That generally ends the conversation. My counterparty’s client expends $50M per business quarter on legal services (which I know from reading his 10K report to the SEC), so if his client has already paid his fee (such as bulk purchase of undefined services per time period), I believe there is no need for me to pay it also. Double billing is always against the law, even for New Jersey eye doctors. If you do agree that the service has been provided, and earned, look at the value. For instance, we all pay $0.10/page to look at filings on PACER whenever we’re curious. That’s my maximum payment for a page of legal cr*p, whether it has been couriered across town or not. Nobody pays for e-mail, at least nobody I know. Could that page of legal cr*p have been e-mailed? Don’t pay anything. Whenever I do make a payment, I pay through PayPal, with a description of the bill, my audit findings, and the payment. That way everyone has a record, and the business dealing is transparent.
Since I’m not an attorney, and I don’t have a billing rate of my own, I just charge 1 bitcoin/day for whatever I do, for however long I do it. I find it reasonable, and bitcoins can go right to my phone, and I can get it whenever I want in whatever local currency I need… Sometimes these things take years. Costs pile up.
great info hammertime. And dave, thanks for the servicing regulations. It took me a long time to read ..but will certainly come in handy. Thanks so you all for great links.
My statute of limitations is over so now the lender is trying to use other tactics to scare us. my attorney asked them why, if they are so confident that they own the mortgage, haven’t they filed a foreclosure? they aren’t the IRS, they can’t just keep tacking on interest and penalties until they see it’s time for a payday. My case is odd because I am representing the borrower and the borrower is suing the lender. (very few cases I can find in NY that I can use as precedent). The banks aren’t used to being sued, they like being the big guns..
Once the court determines who, if anyone, is the true owner of the note and mortgage, it’s time to file for a time barred response. I am grateful for your input. I hope to return the favor
Very spot on post by Garfield today that verifies what we’ve been saying and can help in court, trial by ambush, due process violation:
snip
“…There is a huge difference between pleading and proof. AND standing means different things depending upon what you are looking at. If party files a complaint alleging the requirements of standing then the complaint will stand up to a motion to dismiss based upon standing. But if at trial they don’t prove standing, they lose.
The erroneous procedure I have seen at trial is that the standing issue has already been decided when the borrower filed the motion to dismiss. But that required the court to assume the allegations of the complaint were true —a presumption that definitely does not apply at trial. But Judges use it anyway because of the pressure to clear their docket. As a result, cases are not heard on the merits — they are tried by presumptions to which the banks and servicers are not entitled to use because the testimony and the exhibits are fabricated for trial and they have a long history of submitting fraudulent documents to courts across the country.
Hence the presumption of credibility, trustworthiness and authenticity should not apply and the servicer or bank or trustee must be required to prove the facts, which they cannot. Which is why the foreclosures all mostly wrongfully entered as judgments end up in a judicial sale despite the actual facts that would show that none of the parties in the chain relied upon by the foreclosing party actually have any interest in any of the transaction, any of the documents or any actual loan to the borrower.”
Mortgage servicing loan means a federally related mortgage loan, as that term is defined in § 3500.2, subject to the exemptions in § 3500.5, when the mortgage loan is secured by a first lien. The definition does not include subordinate lien loans or open-end lines of credit (home equity plans) covered by the Truth in Lending Act and Regulation Z, including open-end lines of credit secured by a first lien.
d 3
(3) Notices of Transfer; contents. The Notices of Transfer required under paragraph (d) of this section shall include the following information:
(i) The effective date of the transfer of servicing;
(ii) The name, consumer inquiry addresses (including, at the option of the servicer, a separate address where qualified written requests must be sent), and a toll-free or collect-call telephone number for an employee or department of the transferee servicer;
(iii) A toll-free or collect-call telephone number for an employee or department of the transferor servicer that can be contacted by the borrower for answers to servicing transfer inquiries;
(iv) The date on which the transferor servicer will cease to accept payments relating to the loan and the date on which the transferee servicer will begin to accept such payments. These dates shall either be the same or consecutive days;
(v) Information concerning any effect the transfer may have on the terms or the continued availability of mortgage life or disability insurance, or any other type of optional insurance, and any action the borrower must take to maintain coverage;
(vi) A statement that the transfer of servicing does not affect any other term or condition of the mortgage documents, other than terms directly related to the servicing of the loan; and
(vii) A statement of the borrower’s rights in connection with complaint resolution, including the information set forth in paragraph (e) of this section. Appendix MS-2 of this part illustrates a statement satisfactory to the Secretary.
For Cookie,
An alleged Lender(Servicer) makes agreement with the alleged Holder/Owner to the servicing rights who in turn subservices the rights to another servicer with agreements with the subservicer. As an example, JPMorgan Bank, N.A. used Chase Home Loan Servicing, LLC as its subservicer and OneWest Bank, FSB used IndyMac Bank, FSB as its subservicer.
Thank you Eugenenj. When I requested the servicing agreement between the two lenders (to substantiate the power of attorney because one signed the assignment on behalf of the other via an allonge) they sent me a sub servicing contract that added yet another name to the pile. The date didnt align either, so I have to tell the court we are still awaiting on the servicing agreement. Im not sure how anyone makes money hiring servicers that hire servicers! (sounds like reinsurance companies)
Thanks again!
Can someone tell me the difference between a servicing agreement and a subservice agreement? I asked a lender to supply a servicing agreement through court order (to substantiate a power of attorney) and they supplied a sub servicing agreement that implicated yet another lender.
Wondering if Mers can assign a mortgage servicer after a borrower is deceased. No lawyer yet has really responded – anyone know? My husband died in May, and no servicer was on record, just Etrade in 2003 assigning to Mers / so boa was getting paid as servicer for 12 years – now I brought it up that they have never been assigned. So they quickly did it in Nov. (4 mos. after his death). I am not on the Note, just signed the mortgage inst. but I am not on the loan. I received a default notice, but my qwr’s have stalled them from filing the complaint. Does anyone think it is legal or allowable? They didn’t mention my husband as “deceased” on the assignment – and put him as a grantor – as if he was still alive and granting something.
Goodmornin yall:-) I’m at a cross-road,,STILL in litigations & the stall tactics are becoming frustrating to say the least,,,I’m pro se & plaintiff’s counsel continues to add new co-counsel to assist them,how many times am I required to submit discovery? Because every new co-counsel added are demanding me to RE-ANSWER everything already asked/answered to plaintiffs lawyer at beginning of this? 2011.Thank You in advance for responding:-) 🙂 🙂 🙂 🙂
usedkarguy is on it!
Get an attorney, and question everything! ( Signers, dates, validity of copies, transfers, account balance, and see if you can get loan level data to refute their “balance”.)
Typically, in the discovery process, the judge will review what has been requested and what has been supplied.IN NY , and in my experience, if all discovery has not been supplied, sometimes the judge will allow additional time for the defendant (or plaintiff) to supply it. If all documentary evidence has been proffered, then perhaps a preclusion motion is in order. The order would ask the court to accept the discovery already provided and nothing further. It doesn’t sound right..why would the court allow new discovery requests for the same documentation if it’s already been supplied? Are the discovery requests asking for new evidence?
I am so confused by this situation in NY. The original lender filed foreclosure, accelerated the mortgage in 2005 and then assigned the mortgage (while still in foreclosure) to another bank and then another..it has been assigned several times. The county clerk only has record of the first lender.(this lender is no longer in the mortgage business)
The loan has been in default since 2005. The house was destroyed in hurricane sandy in 2012 displacing the family The house remains in a pile of rubble but maintained by the homeowner.(lawn mowing, etc) The insurance company does not know who to write the check to.. (a sizable sum) so the lender is now saying they are entitled to the proceeds. Homeowner starts an action (otsc ) against purported lender(s) citing time barred under statute of limitations Our attorney is arguing statute of limitations (time barred) because it’s been nearly ten years on the same index number and the loan, although assigned several times (with suspect paperwork) was ACCELERATED at the time of the original foreclosure. The foreclosure action was never completed. It expired. The lender then filed a discontinuance on the foreclosure in 2009. The lender is stating that a stipulation agreement in 2009 re started the loan and therefore the loan was decelerated. The stipulation hinged on a modification that never took place or was paid on.
The borrowers attorney states that the original acceleration remains in effect because it was never officially de- accelerated.
HERE LIES THE QUESTION: what formally de accelerates a mortgage? The lender never sent a letter stating deceleration. The lender has not filed foreclosure (and was told by the court that they could). The lender’s attorney said that if an installment loan is in effect that it is assumed to be de accelerated. I found two cases that were of interested, EMC bank v patella and another from nassau county… but they dont really apply here because the plaintiff is the borrower, not the lender.
Im sorry this is so long. If anyone is still reading this, thank you. This case is very convoluted.
THis family wants to obtain the insurance funds to build the house and move forward, in the meantime legal fees and rental fees are almost prohibitive.
Any thoughts? I am actually trying to keep this as brief as possible without naming banks, etc..
THANK YOU for listening..
@ lms53 – Law? No law. It ‘s contained in your mortgage. It is the mortgage document that a lender forecloses on. It is the process itself by law that allows them to do so. Your mortgage dictates who, what, when and how. If there is a default under the note or the mortgage, the terms of the mortgage is going to dictate how they proceed. If under such a default, the lender will issue a default letter and accelerate the balance of the mortgage to be due and payable. Also, under the mortgage there is a ‘right to cure’ a default. If the lender accepts payments, other than the full amount of the balance due under the default letter, it is a precedence for making null and void the acceleration. If Lenders were to do it the correct and legal way, they would issue a forbearance agreement that spells out the terms of the default, how it is going to be cured over a specified time, the amount of the future payments under such forbearance, a start date and an end date and signed by all parties. If they don’t…well, then the original default becomes mute.
thanks bobbi I was in forebearance for 8 mths and then trial mod and then permanenent loan mod and bank reneged at the same time they accelerated my note/mtg. they changed the terms of original mtg thru the loan mod. Novation is the legal term. do I have recourse?
cookie
April 3, 2015 at 10:53 AM
I think I understand. The original mortgage language needs to be read and understood. If there was a modification changing the terms of the mortgage, that would override the original mortgage. Wonder what the judge is going to say. If the statute of limitations is up, it’s up. It sound as though (depending on when in 2009) in 2015 the statute of limitations is up anyway (six years in NY)
BOBBI SWANN
April 27, 2015 at 12:00 AM
@lms53lms – Novation is the term used when you substitute one for another. In other words, they changed the original terms of the mortgage when the modification was signed and executed. Be careful that you didn’t sign away your rights (such as right to cure) as those modifications are drawn up by the LENDER and is not geared to protect YOU. You will need to read the modification carefully to see if you do have recourse, but I would bet a dime to a dollar that your lender probably novated a lot of your prior rights. After all, they are wanting to ‘sew’ up any loose ends. I would venture to say that you could file a counter-suit for breach of contract, but read your mod, if they reneged on a permanent loan modification. Oh, and did you get an executed copy of the loan modification agreement? If so, and you were me, I would go the courthouse and file that sucker to make it of public record. Odds are that your lender did not do so.
Still mired in a big mess. I have a question that was brought up today in New York. Can a bank assign a note of mortgage to the servicer to hold the note but still be the owner of the note? In other words, if mortgage is accelerated and payments are made, they go to the servicer who then gives it to the bank who assigned the note to the servicer? I know this is so confusing, but it doesnt smell right
Cookie – A lender or owner of a note can sell the ‘servicing rights’ on a mortgage. That does not mean that they are relinquishing ownership of either the note or the mortgage. They are simply transferring the right to collect the monthly payments to another entity. You don’t have to have it recorded of record either, but they do have to provide you with a notice of Change of Servicer 90 days in advance. You also do not have the right to object. As to the mortgage being accelerated, that only occurs if there is a default under the mortgage or in the payment of the note. If they accept payments in an acceleration, then it would negate the acceleration all together. In order for them to accept payments they would have to negotiate with you some repayment such as a forbearance agreement or a loan modification. The monthly payments that you make to a servicer of your mortgage would remit the payment to the lender. The lender pays the servicer a fee out of their profits on the ‘spread’ each month. It is all perfectly legal, except if they are accepting payments when the mortgage has been accelerated and you have rec’d notice of default.
Yep! Going on 8 years in fighting foreclosure….they sold the loan and servicing to Penny Mac. Go figure! Oddly enough, they never filed any type of assignment in the county records. Why do you ask?
hammertime
March 19, 2015 at 5:36 PM
Since loan closed in ’07 Chase has claimed to be servicer and lender in one form or another. With CA HBOR I was able to obtain questionable note copies, 1 of them 6 years late still not valid in late ’13. That’s when city, whole world turned their screws on me. In latest rounds I used Cease and Desist in reference to CA HBOR and settlement violations. First the lawyer changed and then servicing changed this month to Pmac.
CFPB is now LESS responsive. I believe Chase is evading law by these late transfers and CFPB is ignoring it. I would like to show it’s not just me and make some type of group complaint to CFPB and copy anyone we can.
Scott-
I’ve found that an inquiry from a Senator to CFPB, or any agency, moves your case to the top of the pile pretty quick. The CFPB today is like the FBI in 1930, just a little seed. I copy all 100 Senators with the major filings in my case, just cut and paste into their mailbox. Most of them don’t read, but their staff people do, and everyone has lunch with somebody and talks with somebody else about anything of interest. If your agenda fits with their agenda, sometimes good things happen. It’s an uphill battle against financial people.
Ya know, I read your comment and my first reaction was…how sickening is this country when tax payer monies are paying for the salaries of these ‘staff people’ and we the taxpayers have to wait until someone strikes a conversation over a McDonald’s hamburger and coke before action is taken that perks one’s interest. What’s even worse are those in those positions (senators, congress and all the staff members) are the highest percentage of a group that OWES the IRS taxes! Yep! So, even THEY don’t pay their fair share and living off the backs of the taxpayers who funds their paychecks! It is disgusting. As much as I hate to think the worse, I think this country is headed for a massive revolution. There’s not one person in office that has the guts or integrity to stand up for what is right and declared in our constitution.
Lms52
March 17, 2015 at 1:54 PM
Amen to that. They r all pathetic. CFPB may get a situation escalated momentarily but nothing gets accomplished. Banks are liars and their responses are lies.
Very good point about FBI. I may still be In my home because of CFPB but there are real problems and it may be captured by banks at some level. It’s another trap we’ve caught in but some faith was restored when Sen Warren questioned Cordray along with others. We don’t need a revolution. We need to re claim our democracy. The corporate Republican and Democratic solution will be no regulation again and next crisis will make this look like a picnic.
Hammertime
March 17, 2015 at 2:35 PM
What has worked for me is combination of complaints and reaching out to officials.
Scott- Are you uncertain of the meaning of prejudice? You can find long scholarly articles, and have lots of lawyers dancing on the head of that pin. Why not just ask the jury? Present your facts. Tell the jury to deliberate on the issue. They are bound by only one rule in deliberations, and that is the rendering of justice. That responsibility used to belong to the King, who talked with God. In America, we turned that system upside down. Just tell your story to the jury. 🙂
Dave… just read your news about CFPB…reserves being set aside etc.
This is you….all you. It’s a forward leading indicator. I’m dragging Met Life et al…into the courts…those bastards committed perjury. . And now they will pay for what they stole.
Scott- Make sure youi send me a subpoena to talk to your jury. I’ll subpoena you to mine. There is no enforcement going on in America right now. Let’s fill up every courtroom in America, one by one. Stay sharp-
In my effort to promoting others to contact their representatives in Washington about the ruthless unethical conduct of these financial institutions and the failings of the government agencies charged with the responsibility of protecting the American People from such abuses I am posting my last follow up letter to the Senator for my district with the hope that it will excite others to do the same, contact your Senator and/or Congressman.
Dear Senator Barbara Boxer,
On February 16, 2015 I had sent Information regarding the atrocities caused to my family by a Federal Bank. I also included information involving the flagrant failing of an agency charged with the responsibility of enforcing the rules imposed on these Financial Institutions to protect the American people from such destructive actions as those caused by and continue to be caused by One West Bank, NA.
I have as of yet to receive a response from my previous correspondence faxed two (2) weeks ago. Since I have additional information to further my cause and in an effort to get my blight to stand out a little from all the other responsibilities you have dealing with the problems that seem to be plaguing our government these days, I have chosen to send this follow-up.
I would like to start by presenting a statement from a gentleman nearly two hundred (200) years ago that I would say is more of a revelation of what has and is happening to myself and thousands of others throughout our great nation. Not that it offers any real resolution for the problem but does indicate that this event should have been expected. The statement is as follows:
“ I believe that banking institutions are more dangerous than standing armies…If the American people ever allow private banks to control the issue of currency… The banks and corporations that will grow up around them will deprive the people of their property until their children wake up homeless on the continent their fathers conquered.”
Thomas Jefferson
1743 – 1826
Sound familiar? I know I can relate to this statement and I am not alone in this perception. There are many, many families with similar experiences. Just Google “civil action One West Bank”, “foreclosure fraud” or similar key words and you will find websites like foreclosurefraud.org with story after story like mine. I know I will never forget the seven (7) winter months homeless in a tent trying to care for my disabled wife after the unlawful actions of this financial institution causing a wrongful foreclosure. I had attempted to satisfy the note but this financial institution had their site on the mortgage insurance of which they fraudulently collected. Which has cost me more than fifty thousand dollars ($50,000) and everything I had for legal fees. This doesn’t Include the hundreds of hours litigating in civil court with 22 months of the 24 months without representation. Thomas Jefferson is turning in his grave if he can see what is happening to the country that he fought so hard to make Free from such oppression.
Having mentioned my civil action I would like to take this opportunity to bring you up to date should you be curious. I now have a date of September 18, 2015 set to start the jury trial. This should give you a strong indicator as to how solid my standing is considering that when I started this I didn’t even know what a pleading was. Then after 24 months of litigation against a federal bank with all the money (including mine) to buy their justice yet my cause has still survived without the benefit of legal counsel and is preparing for presentation to a jury.
Then that brings me to the CFPB and all the other agencies that passed the buck to the CFPB in the attempt to relieve themselves of any responsibility. From what I discovered about the CFPB it appears to be an unconstitutional agency operating without accountability to the American people and funded outside of government control by the Federal Reserve. They seem to be operating on their own unseen agenda which is with most certainty not as their publicly charged responsibilities.
According to the United States Treasury Department, the bureau is tasked with the responsibility to “promote fairness and transparency for mortgages, credit cards, and other consumer financial products and services”. Now tell me is it promoting fairness by allowing a Financial Institute to unlawfully foreclose a property because it could not be lawfully foreclosed on due to the deceased borrower’s heirs attempting to legally purchase the property. When the crime is reported to the CFPB they give the investigation to the perpetrators of the crime. As would be expected the perpetrators found no crime only some “minor infractions”. The CFPB without further ado close the case and refuse to reopen. I don’t see any fairness promoted here but it’s not over yet. When a U.S. Congressman presents the case to the CFPB to investigate the CFPB stated “ we will investigate but we will not give any information as to what we do to investigate, the outcome, whether there is any wrong doing or not and we don’t collect for any damage that may have been caused by any wrong doing”. If this isn’t a good representation of an agency without accountability please explain it to me.
I look forward to your reply,
Ha….see you also had a wonderful experience with the CFPB. When I filed a complaint (2013) with them on the illegal foreclosure/sale of my home (only modification requested of JPMC was for a due date change – NOT in default until the 3 month scam). Same thing, CFPB gave the complaint to JPMC. JPMC responded that they would only talk to the borrower (I was/am the surviving spouse). CFPB told me that the borrower would ‘need to re-file the complaint him/herself’, then proceeded to close my complaint. CFPB gave a lot of lame excuses when I confronted them with fact that no one at CFPB obviously even read the complaint, because had they read any of it, they would have know that the borrower could not ‘file the complaint him/herself’ because the borrower was dead! After numerous conversations with a CFPB supervisor, who assured me their ‘mistake’ would be corrected’, it’s now 2015…2 years later….still waiting!
A Burns
March 27, 2015 at 9:37 PM
I’m with all of you regarding the CFPB as I have had my own non-productive and ineffective experience with them as well. I don’t know why they are in existence because they don’t act as a regulatory agency to be the watchdog for the Consumer’s protection in anyway. If you’re going to always take the side of The Corporations and The Little Guys’ voice means nothing then why should we even bother to register the complaints?
Great letter Scott. Way to keep fighting.
I’ve been putting out fires on my end and getting ready for my next round of letters and complaints.
Will be sending to Sen Boxer, Feinstien and local officials. The Wall St cancer is killing our democracy. As Helen Kelly said at hearing involving Onewest I’m pretty sure we need a Watergate level investigation and an investigation into CFPB and all the other agencies and accountability for all the settlement funds.
There’s a few examples of CFPB garbage complaints and data we can dump on these people. If you want to share or join a list or petition of some sort contact me here http://bit.ly/Si8EL5
AG Kamala Harris is running for Senate so she needs to come clean.
But stop whining everybody and collect some garbage!
Thanks guys, but I’m in the thick of this suit and I must win. The bank I’m dealing with is falsifying documents but I have to prove it somehow.
I am trying to find citations to back up our case. Nothing out there on allonges except the “space test” and staples… everyone else just says they are phony!
Very boring and long story short: house burns down; insurance doesnt know who to pay because our mortgagee filed bankruptcy; after fire they claim they still own the burned down house and want the insurance proceeds. (we paid insurance policy for twenty years)
They filed a lost note affidavit in NY and then all of sudden they provided a “wet ink” document with three allonges attached. we have a date to have the documents inspected by us and our attorney.
The allonges are all different, two are signed by the same person but the signatures are different. This was not a mers mortgage. One of the allonges is filled out to BLANK
(no one filled it in)
One of the allonges is not dated.
One allonge is notarized, the other two are not.
If there is a law with allonge requirements I would sure love to see it. Anyone out there that can lead me to the law? I am not in foreclosure and I am the plaintiff in this case, so I am having a really hard time finding anything.
Additionally, the “wet ink” document they provided did not have any assignments attached. Wouldnt an original wet ink show the assignment? this is so very confusing. If you’re still reading this, thank you so much.
Hammertime
March 5, 2015 at 3:16 PM
Not legal advice my understanding is depending on type of assignment there may or may not be an endorsement on note. I would check county property records and review state/county code requirements. Basically you need chain of docs and see if they reffect valid transactions. Otherwise people lose the document game.
Cookie
March 7, 2015 at 1:22 AM
Thank you, Hammer, I am following the chain of custody .. it’s a real mess. I believe I found some information on allonges; they dont have to be signed OR dated OR notarized. (because they are SUPPOSED to be a part of the document, and as such, indorse the note to which it is affixed) New York does not follow the revised UCC, so the allonge attachment issue is still real here. Many thanks. I’m going to keep working on this. The other side we dont have standing to sue. Well, he accepted our motion a year ago and is just coming up with this? Gives the defendants more time to produce “ta da” documents. ugh
In the thick of discovery now (litigating). The defense (I am the plaintiff, asking the court to determine who, if anyone, holds the mortgage) provided discovery which included a signed, notarized assignement to MERS. It has the same index number on it as my mortgage, but MERS has no such filing. Does a MERS have to be filed? so confused as to why a mers document would be in the discovery pile. My attorney says we are not a MERS case; but this is curious. It goes with all of the other murky papers supplied..
For anyone in conflict with PHH Mortgage, they have just reported to the public in their 10K report for 2014 (released 2/28/15) that they are in negotiations to enter into a consent agreement with either CFPB or MultiState Mortgage Commission, sometime in 2015, and have set aside $50M as legal reserves. Sorry Philip Linza, your $16M has been negotiated into insignificance…If I’m successful at 5th USCA I believe their $50M will also fade into insignificance.
March 5, 2015
Eric Holder
US Attorney General
US Department of Justice
950 Pennsylvania Blvd.
Washington, DC 20530-0001
cc:
Nathan Anderson, Lead Counsel
McGlinchey-Stafford, PLLC
2711 North Haskell Avenue Suite 2750, LB25
9Dallas, Texas 75204
Duty Agent, FBI Austin, Texas by hand delivery
Dear Mr. Holder,
A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board. The action was totally without merit and I successfully blocked the sale. I still live here, the county has recorded a clear title in my name, and taxes are current. It was a struggle. I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far.
As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced. I took my particular information to your FBI offices here in Austin on 26 December 2012, and reported the miscreants. I was offered and waived confidentiality, feeling as secure as any American citizen in Texas. We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video.
In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days, I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014. I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response. Your agent appeared unaware of any investigation or enforcement action in progress.
In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se. I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources. I continue to act pro se to the best of my ability. That case was dismissed at District, without investigation, discovery, or presentation to a jury. I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial. I feel confident that we will someday appear before a jury.
Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office. This has been my intent from the outset, to enforce existing national servicing standards.
I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause. Please set aside 25% of your eventual collection to my account.
Go with God, my friend. Live long and prosper.
Dave don’t fooled by a consent agreement. One West Bank was under a fully enforceable Consent Order by the OCC when they stole my home but the consent Order was not enforced any more than the the laws of which there was a complete failure of enforcement. So your 25% could amount to 25% of $0.00 but I do hope I am wrong and wish you all the luck.
I am the plaintiff against a bank in New York; lost assignments and then woops! they found it!
there are three allonges that suddenly appeared on the note. My question to anyone in the 2nd circuit or New York, does an allonge have to be notarized? I cannot find law on this. Thank you
I was denied a jury in Western Texas. That denial is now the basis of my appeal to 5th USCA in New Orleans. My appellant brief is filed and now we’re waiting on the appellee response. You’re welcome to cut and paste off my site at http://www.phhmortgagemustbedestroyed.weebly.com 🙂
I have just expierenced, after an eight year battle in California’s Just Us system a major biased system that protects major corporations an the brothers and sisters of the bar. All I can tell you that if your evidence will shine the light on a major corruption, the courts will create an excuse ruling to not let your evidence get exposed if involves fraud. Proceed with caution and be prepared for a nonsensical proceeding. Your quest is honorable but the California justices have all the balls and bats to play the game.
It is happening the same in every State in every courtroom in the country and nothing is being done cause the banks own our justice system! We have no justice after proving the fraud in great detail…It just doesn’t matter! We are witnessing the failure of the American Justice syste .
I can relate to what you are saying because what the bank missed taking on the first round the brother and sisters of the bar got on the second round. The California Just Us system after pursuing my cause Pro Per Si didn’t include me in the Us part of the system when the judge after a conversation with the bank’s attorney, not shared with me, changed the ruling at the hearing with leave to amend to without leave to amend 5 days after the hearing on my fraud cause. I am still using the fraud in the Wrongful Foreclosure cause I just can’t call it fraud now. The light can’t shine any brighter showing the corruption with the bank and the CFPB than it does with what I have, hope it is enough. It is set for a jury trial starting Sept.18, 2015. Now to survive everything between now and the trial. No clue what i should be doing, don’t have legal counsel and so it has been for 3 years now. I will graciously accept any and all assistance or advice except to quit, That Is Not An Option!!
I am in litigation in California against One West Bank. After $50,000 I could no longer afford an attorney, that was 22 months ago. I didn’t even know what a pleading was, then I had to write one. I lost 11 causes without One West Bank denying any of them. With hundreds of hours at the law library, twice that researching the internet and 24 months of litigation I still have a Wrongful Foreclosure cause. In a few hours I will be at a CM hearing to set the date for the Jury Trial.
I have started discovery by propounding documents and have a protective order preventing One West from propounding my financial records due to the court establishing that tenure is irrelevant since they refused two offers before and during the foreclosure due to their failure to establish a fair market value.
One West knows that if I get this in front of a jury they don’t have a chance. I have turned down their offers because what they have done to me must stop. By setting a precedence giving a path that others can follow should these crooks continue their unlawful and destructive activity.
My funds are very limited but I could really use some guidance in getting this in front of a jury where justice will prevail. Anyone have any ideas as to where,how or have any assistance now would be a good time to let me know
If you are in LA you should be going to the Fed Hearing today to protest! I just got the headlines this morning. CIT and OneWest Chiefs to Take on Critics at Merger Hearing
by KATE BERRY
FEB 26, 2015 9:48am ET
I know that you say your funds are now limited. Still, try Jeff Barnes of http://www.foreclosuredefensenationwide.com or Bergmen & Guitterrez (310)893-6200. Both have offices in Ca. Request the loan file, FDIC FIOA, who & when was the assignment of mortgage signed and NOTE, FannieMae or FreddieMac. Bank/plaintiff has never admitted that the “NOTE” has never been in default, no injury.
Thank you for the suggestions, I will check them out here directly. I have already propounded discovery on the Note and it is Fannie Mae. I have not received a response but it is due in 3 days. I am not sure what you are saying “bank/plaintiff has never….., no injury”? I am the plaintiff and I have stated that there could not have been a lawful default and Trustee’s sale. I know I have to show Prejudice for there to be injury. I am uncertain just exactly what that means but I am working on it. Any ideas to the meaning?
Seeking Washington State foreclosure defense attorney. Three year argument with BOA and they can not produce the deed. I am ready to sue their socks off.
Any recommendations of law firms, Washington State!
Thank you in advance.
It depends on what part of the state you are in. Stafne Trumbull out of Arlington has been doing a lot of work with foreclosure defense. Not sure if they will take on something from the east side of the state though. I would say call them as it is impossible to get a response from their website.
There have been recent posts about Chase employee deposition on fabricating documents.
The employee identifies a swirl or snail at top of purported original notes. I also have a copy with NP. Does anyone else have such a stamp?
Here’s a good article on suddenly appearing endorsements, ta-da endorsements:
go to clerk of court website, research the filing dates for other filings by the same firm on or about the date, can even be with different banks. I found the notary and witness working for another bank the next day it did take a lot of reasearch
wait, you can google a notary number? the stamp on the notary I have on my mortgage does not show a number. hmm time for depositions
Tricia
March 5, 2015 at 11:46 AM
Cookie, If there isn’t a notary number that seems kind of odd. But I would try looking up the name of the notary in the state they are commissioned. Or if you want you can tell who the notary is and what state they are from and I would be happy to try to look it up.
I got copies of the notaries signatures for verification of signature from the state they are commissioned in.
I am going thru this same situation with MERS, Countrywide and BofA, here in SC with Rene Rosales as so call witness.. please keep me inform and if there is something I can do to help let me know
Does anyone have “Kari Giblin” Assistant Vice President for Countrywide Home Loans, Inc. as the signer on their assignment of mortgage? This was in 2011
Interesting that it was signed by someone from Countrywide Home Loans, Inc in 2011. It was my understanding by that point everything should have been handled by BOA, as they took over Countrywide sometime in 2008 and were merging things in 2009. You might do a little more digging to see if that was even possible that someone from Countrywide Home Loans, Inc could have or should have signed something in 2011. Of course someone else on her might have a bit more info than myself.
Lauren Bradley
January 6, 2015 at 6:03 PM
Thank You Tricia for your reply!! I AM trying to do research, and I have the Same feeling of her not being able to sign for a company that was bought out. The exact date for the buyout is 7-1-2008. We also had “patricia Arango” on an assignment of Mtg on 9-26-2008 (from MERS back to Countrywide), , , interesting, huh!!
Obviously, the ‘Robo-signing’ continues. There can not be any valid reason to perpetuate signing documents in the name of companies that do not exist other than to circumvent the intended legal process.
But then again, I even question if you had a loan that was REALLY from Countrywide’s actual funds, not those of some investment group such as Black Rock who THOUGHT they were investing in mortgages held by some REMIC trust. Where THAT is the source of the funds, then Countrywide was not the actual lender in reality. The money trail would show they are not. If the loan was securitized, then with what is know of the Countrywide ‘loans’, your loan was not funded with one dime of Countrywide’s funds.
Lauren Bradley
January 6, 2015 at 6:32 PM
TY, will do That research!!
Lauren Bradley
January 6, 2015 at 6:49 PM
@BobbiSwan , , , THANK YOU – have that. Wow, this site is incredible – so many ready to help. Thank you to All (and keep it coming, lol), we all need all we can get to put these crooks behind us!
check to see if the case was originally filed by the David Stern Law office, you may have to look at the original filing. the law office was involved in major fraud
The reader says, “Spire Law is closed down( Aug 2014) leaving all their clients holding the bag. The Abeel v Bank of America lawsuit was dismissed. As a way to keep their clients at bay, Spire Law came up with a possible new lawsuit involving violation of the National Mortgage settlement. Over 1000 clients paid $5,000 to $10K to be add joinders. The lawsuit was a scam disguised as a mass joinder. The firm used retainer fees to pay overhead operating expenses water, electricity, rent etc, and not for legal fees.
(a) In this section, “transferable record” means an electronic record that:
(1) would be a note under [Article 3 of the Uniform Commercial Code] or a document under [Article 7 of the Uniform Commercial Code] if the electronic record were in writing; and
(2) the issuer of the electronic record expressly has agreed is a transferable record.”
…Trying to find the definition of issuer, of course, was not an easy process. Definitions in state law are not clearly identified, if at all.
“Issuer” means obligor, or the borrower aka “homeowner” as defined by E-Commerce: Financial Products and Services 2001, edited by Brian W. Smith, Appendix E, p. E-55-56. Page E-55:”
So homeowner must agree!
Article then has image of description that sec 16 was to not allow that a paper note not be converted than intentionally destroyed!
we prevaled in the trail agianst the boa, in may, now they have filed to have the 3 copies of the orginal note and mortagage retururned to them, I am per se
any help or laws to refrecene I would reather leave the evidence in the file so no more fraud can be comitted the default date was 7 years ago
thanks
Janine
January 14, 2015 at 9:30 AM
Karen, for people who want to file pro se against BOA – where do you find the resources or templates to start the action? Would you please share? BOA refused to modify 2 years ago when we were forced to take a 17k pay cut. I want to try to fight this, and our deed/note became separated upon reassignment. My husband committed suicide over financial stress – so I want to defend our home now.
“Tell Attorney General Eric Holder: No more excuses. Time for criminal charges against JPMorgan Chase
Rolling Stone magazine has just published a breathtaking account of a whistleblower who personally witnessed fraud at JPMorgan Chase and was willing to testify — even as the Justice Department claimed it lacked the smoking guns to prosecute big banks.1
For eight years, Alayne Fleischmann has told her story to regulators and government lawyers, only to watch as the Department of Justice settled with JPMorgan Chase out of court, with no admission of guilt, and a much lighter penalty than was initially announced to the public.2”
snip
Try going under the state of KY list of financial institutions for the name: Equity Financial Mortgage (which is how they were listed on their webiste).
Does anyone know how I can verify that New Equity Financial has gone bankrupt or out of business. They were out of Kentucky. I have been unable to find information on them. jsmith5915@msn.com. James
I found 3 records 2 BK’s and 1 Civil Here are the case numbers dates. You need someone that has access to PACER to actually get the info you want. You can email me at charaymanagement@gmail.com give me your email address or phone number and I will try to help you.
All Court Types Party Search
Wed Jan 14 13:49:48 2015
3 records found Search:
All Court Types Party Search Name New Equity Financial All Courts Page: 1
Bankruptcy Results
1 New Equity Financial Corporation (cr) kyebke 6:07-bk-60935 7 10/02/2007 01/30/2008 Standard Discharge 01/30/2008
2 New Equity Financial Corp. (cr) insbke 4:05-bk-92784 7 07/18/2005 04/05/2006 Standard Discharge 03/17/2006
Hey Hammertime!! Appreciate your response to my complex situation. Im in the judicial state of Ohio. I beat this case twice but as I stayed before the magistrate didnt allow me to respond during the default judgement process. I filed and submitted every source of litigation paperwork during discovery that you can think of only to be ignored by the court. I end up hiring a lawyer for to appeal the magistrate decision which was denied which led to the Appelent court which also denied me. The next step is the sale of the house…..
I have the ORIGINAL loan modification that the lending institute said i signed which isnt true.
In my interogatory I asked several questions that pertained to Documents that I knew they could not produce and their lawyer response was the question was vague and ambiguous
We tried Res Judicata but I wasnt allowed to use it during the Appelent process
Thank you hammertime. I got a better understanding of this process. Who is this guy? Sooo…if all loans have been paid by AIG on the 91st day, how can we prove that our individual mtgs were already paid? I imagine this has to do with the info contained in the PSAs. But what about Fannie and Freddie, who don’t release this info? is this something we can use in defense? Quiet Title? – Audits? Also, I’ve tried to locate depositions for Mary Jo McGowan, Elsa McKinnon and especially Crystal Moore’s video deposition, which seems to have completely disappeared(?) Does this eveidence hold up in the courts? Even though my original loan was assigned, then also voluntarily re-financed and assigned again, can we use evidence of robo-signing and this defense going back BEFORE the foreclosure default? Thank you! Singed your pettions BTW. Great job!
hammertime
November 14, 2014 at 7:39 PM
Thanks! Now tell all your friends or post like crazy. The White House one can really get results I’m thinking.
Tried to get in touch with the poster but still a mystery who he is.
Like I said just take in the info but make sure it applies and don’t admit anything as this site, Garfield recommend and have a lawyer answer specific questions.
Not legal advice but just basic definitions wise my thinking is you should focus on broken chain and your own hardship, robosigning is icing on the cake and they can always fix from what I’m seeing and you should weigh out.
The other point was that you can use the settlement’s language on chain of title, reliable evidence, valid transaction etc.
H ALL – hoping you enJOYed a great Thanksgiving. I received my sale date in mid-January. I had a call come in through one of my legal inquiries from Real Estate Law Center PC. Has anyone heard of these folks? They are apparently involoved in Mass Tort Litigation against some of the Big Boys – Operating out of CA, they claim they have litigators in all 50 states – and actually file suit against the lender for fraudulent mortgages/practice. Rather than -“opt out” by taking a check from the banksters, as was the case with the Attorney Generals suit, they claim not to work with the loss mitigation departments, but head to head with the lender’s attorneys – They seem to know a bit about robo-signing, securitization and the boat load of fraud these banks have bestowed. If they’re legit, I wonder why we haven’t heard of them before – or perhaps we did and I missed it. Would welcome hearing back from anyone who’s used them, or knows of any success rate, as they claim it is hgh. Back to the holiday crunch. Thanks!
I HAVE A GREAT SUGGESTION FOR ALL OF YOU : REOPEN DISCOVERY FOR THE PURPOSE OF HOLDING AN EVIDENTIARY HEARING ON YOUR POINTS OF LAW THAT SHOW THEY ARE NOT LEGALLY ENTITLED TO ANY RELIEF FROM THE COURT DUE TO THE IRREGULARITIES IN YOUR CASE and get ready to Subpoena every person and shred of evidence out there from everybody.
If you will remember in my case WELLS FARGO was basically ordered by the Court to offer me a Modification when the head attorney for WELLS FARGO’S corporate defense team and I were holding a hearing in front of the Presiding Judge in the Broward County, Florida Circuit Court…to which WELLS FARGO put me into a modified loan and dismissed the foreclosure case.
That did not change anything other than remove their ability to foreclose, there was no finding if they had committed any frauds or ever had standing – it got rid of that problem for the Court.
So I filed a simple Declaratory Judgment action against HSBC in U. S. District Court.
HSBC told me they would not defend my suit and I could get the judgment I sought – and THAT would defeat my mortgage ! Plus, WELLS FARGO would have to give me all my payments back and my home would be free and clear.
ENTER WELLS FARGO. They asked the Court to set aside the default …and we were ready to do battle, which would have resulted in criminal action against WELLS FARGO as the US District Court would have ruled their foreclosure action to have been a fraud on the Broward County Circuit Court.
The Federal Court – surprisingly – dismissed the action saying ‘it had no jurisdiction and could not grant a declaratory judgment without it being part of a concurrent complaint for damages’.
A BIT OUTRAGEOUS since the U.S has a VERY distinct Declaratory Judgment Act which allows anyone to go to Court to have the Court decide parties, or prospective parties rights. The Courts just didn’t want the hot potato I was tossing around in the halls of justice.
While no court action is pending at this time,(and I have un-preclude-able rights to bring further actions) I have placed a HUGE complaint before the new Consumer Financial Protection Bureau (CFPB) that seeks findings and civil and criminal actions against HSBC and WELLS FARGO.
What YOU find out could help ALL of us ! One thing is for sure – these institutions do NOT want the truth and actual documents to come out…in my case the documents were forged…yours could be too.
THE MORE YOU FORCE THESE DOCUMENTS OUT AND TESTIMONY TO COME FORWARD, the better chance you have the banks will fold rather than risk criminal prosecution and more fines and more mortgages thrown out.
In Broward HSBC is seeing more than just mine now getting thrown out.
In one case I have become friends with an owner owing about $800,000 on a $550,000 home – which HSBC lost at trial and the gentleman got every penny of his attorneys fees (substantial amounts) returned to him by HSBC. Without payments, he spent around $50,000 in improvements
HSBC, if you are not aware, funded terrorism financing some years ago and 200 U.S. veterans are now suing them for assisting Iran to send terrorists into Iraq (search it !!!) to fight them – HSBC is not on AMERICAS GOOD SIDE and I’m sure that if the CFPB or some Court makes findings they also engaged in mortgage fraud, we will all sleep well at night.
That WELLS FARGO manufactured financial documents has been established…by WELLS FARGO themselves….it is no longer in question.
Perhaps we should consider consolidating efforts is some way, however one thing is clear –
MAKE EVERYONE PRODUCE EVERY PIECE OF WRITTEN MATERIAL AND IDENTIFY AND DEPOSE EVERY PERSON CONNECTED WITH THEM…you may be very surprised that they suddenly just want to be friends with you and make the foreclosure go away.
As always, if you wish to speak with me,954 781-9300 Eastern time. reachth@yahoo.com
fyi- in cases where settlements have been reached, it is common a gag order go along with it so as to not set precedent against the banksters…that’s why none of these have been highly publicized and why I have researched so extensively and attended lots of court proceedings and have been able to obtain pre-settlement information and documentation… I can not be precluded from my free speech rights and sharing my knowledge with those who can benefit from it.
Great to hear from you, Tom. I posted a link to the HSBC story yesterday. Will be ramping up efforts on petitions and pledge. Trying some different things. Will be in touch
Wow, the judge in my case ordered us to try and reach a modification as well, but the lawyers for Wells Fargo (trustee) B of A was the servicer doing the foreclosure refused. Third party firm hired to oversee. NOTHING! For years they told us that the investor on the loan didn’t allow for a modification. After the 30 days the judge gave us was up, they came back to court with the same BS. Made us not one modification offer. and the judge still give them judgment. But now I’m glad I they didn’t give me a modification cause it turns out they had the legal description on the property wrong on the mortgage. They tried to claim scribbler’s error? Yet, the judge happen to be one of the first drafters of Palm beach title rules black in the 50’s so he knew better. He vacated the judgement, sale, and certificate of title.
Although they have a fake assignment, (made by cooked firm consegura in Tampa ) and the note was assigned to the trust after the trust was closed, and I have a letter from MERS confirming the title was under different ownership at the time they filed the foreclosure, the courts will still sided with the bank. Unfortunately I had poor representation in the beginning. He charged me 3000 and didn’t even file the right defenses. But a blessing in disguise. Never would have never exposed this wrong description…it saved my ass.
I’m not sure, because I didn’t get much feedback from any of the attorney’s i contacted. But since the bank’s problem is with the mortgage (which is a legal document) which they will have to reform, they have a serious issue. One, the statue of limitations is up to reform a contract (5yrs) in Fla. Second, if they did somehow get an opportunity to reform the mortgage, they must then show it was an understood and MUTUAL mistake by both parties. IMO, it was never understood or mutual. Finally, if you Google 2005-FR4 mortgage pass-through trust, you will see that this trust that my loan was ” suppose” to be included. is in dispute with the investors in this trust suing the sellers, brokers, and the rating company of this for full damages. Which goes back to standing?
Nation star, who took over my servicing from B of A after the trial, has hired akerman to take over the case from Conseugra. They have only filed a NOA , no motions filed yet. Now.. (from my non-lawyer understanding) they must first amend their complaint, add the new description, and then try to get another judgment. But IMO, they can’t amend if they can’t reform due to SOL, Yet, if they do, we have the opportunity to file affirmative defenses to all their old and new complaints including standing. I’m I wrong here?
I’m in the process of moving bank into my home since the sale is vacated. Please Google Fremont loans. This is who originated my loan and made me sign by threat of not getting my deposit back if I didn’t agree to the new adjustable rate mortgage. Which was different from the fixed rate mortgage we had agreed to and the one on the Good Faith estimate. They were shut down by the FED’s for predatory practices.
I’m considering filing for quite title, or motion to dismiss because they basically foreclosed on the wrong home. Vacating Judge agreed. Moreover they didn’t even ask for a re-hearing of that vacated judgment. Which they were entitle too. HUMMM?
But some say don’t tip them off to your defense. Just let sleeping dogs lay, and wait for them to make the first move since they are the ones that must produce evidence. After 4 years and 20K I just want it over.
Yet, the only reason I had 20k to fight them is because I save every penny i didn’t pay on my mortgage payments for 2yrs. So I had the resources to hire a good defense in the end.
If you doing this on your own I hope you not in FLA. if you are in Florida please GET A GOOD FORECLOSURE LAWYER ! Get them to let you do a payment plan. My case took 4 court days over 4 months with several days of testimony, examination, cross-examination of several bank witnesses and a court reporter for appeal. If you want good representation it is not cheap. Lawyers never are!
Thanks hammertime. I have been away trying to figure out a next step. Spent some time on Avvo, Called a few attorneys as I’m wasn’t sure if I could have filed a motion to vacate and how to do it effectively and properly on my own. Anywhere between $2500 + $760 monthly fee up towards $17K just to ‘dig’ to find out if anything is amiss. The sheriff will be scheduling anytime now. I want to thank you ALL for your responses and wonderful support late into the night and to let you I will continue to support you in your endevaor to right the heinous wrongs these banks are not held accountable for. Wish I could have been one up to help bring justice to its rightful place.
Suz….please email me your email address and I will send you my Motion To Vacate that may be helpful for you. elyse@gte.net
Suz
November 11, 2014 at 12:18 PM
Very grateful, ldynps. I’ve just spoken with another attorney – $3500 just to file the motion. If I had those resources, you’d bet I’d be paying the mtg. Sending email… Graces.
Once an attorney enters an appearance, he’s representing you. YOU have to get your attorney up to speed on your case. It sounds like you’re already way late in doing anything Sued, and $3500 isn’t just to “file a motion”. The first qualified attorney I talked to wanted $20,000 up front! Why? Because he knows how long this takes. The procedural twists and turns will lead to your summary EXECUTION. Yes, you need to cough up $3500, $2500, SOMETHING to get the attorney involved in your case.
About 15 interviews and two retainers later, (I even paid a highly respected practitioner $500 to tell me I can’t win), I was lucky enough to find counsel who in turn was lucky enough to find ME to explain the securitization fail and fraud that resulted in a foreclosure judgment. I para for her, she works my case and others, and we became a team. I never dreamed I would be torturing the 7th Circuit CofA or a state court surviving 6+ years of litigation.
I am very sorry for all of you who are behind the 8-BALL in this battle. But now you have to make a decision. Flip or fly! You can stop the sheriff’s sale with a bankruptcy petition, but you have to commit to filing adversary proceedings. You can’t do that if don’t have claims. You won’t have claims until you researched and learned the issues pertaining to your loan. Lawyers are great, but they, too, have to have devoted the time to get up to speed on this fraud. Remember, we’re defending against fraud. Fraud must be pleaded with specificity. Bankruptcy court is the proper venue to defend against fraud in the handling of your note. It doesn’t mean the judge will listen (they all got the e-mail about stopping homeowners at all costs). You have to embarrass them with the absurdity of their rulings in appeals court just to get traction (depending on your state and district courts). The judiciary is out to protect the banks. And their attorneys.
Once bank lawyers start fabricating documents and transmitting them through the wires and mails (Wells Fargo Foreclosure Attorney Manual, anyone?) they are engaged in racketeering and debt collection violations. An unrecorded mortgage and an unendorsed note do not a foreclosure verdict make. Get on it!
Not an attorney, and this rant is not to be construed as legal advice.
It’s criminal, not Civil and it’s called The RICO ACT….an ongoing criminal enterprise. The Banks are the friggin Mafia and they control the Courts, the Media and the world!! The banks destroyed the notes and the only way out for them, steal our homes and sell them to create a new note!! Biggest Crime in the history of America!!
Suz
November 11, 2014 at 3:02 PM
Thanks usedkarguy. Unfortuantely, i don’t have the resources to pay whatever up front. Lost a $100K a year job in 2008 – used my entire retirement to survive and start a new bis – now making just above min wage to survive – had to move out of the house, so someone else could carry the motg. Not a sob story, just the facts. Here in NJ, the courts do not favor “proof of standing” alone as a defense strategy. Even using the UCC code 3 fails. This is a powerful and agreesive law firm on behalf of the plaintiff bank who may legal standing or not – they represent nearly 40% of the plaintiffs currently on sheriff sales in the county. The mtg is certainly recorded (albeit 5 years later) which the court will not even flinch at – so no issue there – it’s just that it was re-assigned before app for the FJ and was granted. – No sub of plaintiff filed to date. I have been researching cited law to coincide with my comlaint filings, but there are so many, and cannot find something exact to support it.
hammertime
November 11, 2014 at 8:40 PM
Here’s a good post. It seems they frown upon when it’s been years and issues are brought up at last minute but standing can be brought up. Seems you have very solif reasons and bad representation as well.
“Similarly, in HSBC Bank USA v. Gomez, 2013 WL 105303 (App. Div. Jan. 10, 2013), defendants filed a motion to vacate default judgment 16 months after default judgment was entered and one day before a scheduled sheriff’s sale. Among other things, defendants in that case argued that plaintiff lacked standing to foreclose because it did not demonstrate that it took possession of the underlying note and mortgage on or before the date the complaint was filed. Id. at *5. In support of this argument, defendants relied on two cases in which the Appellate Division had permitted defendants to raise standing as a defense to foreclosure complaints — Deutsche Bank National Trust Company v. Mitchell, 422 N.J. Super. 214 (App. Div. 2011), and Wells Fargo Bank N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). However, the court distinguished those cases from the case before it on the basis that defendants in those cases had defended against the foreclosure and did not wait until final judgment was entered to do so:
As distinguished from the present case, however, in both Ford and Mitchell, the defendants timely filed answers and counterclaims in the foreclosure litigation, questioning the validity of the assignment, and contesting the plaintiff’s standing to file the foreclosure complaint, and our reversals were of the trial courts’ grant of summary judgment. In other words, the defendants in the other cases actively defended the foreclosure litigation from the outset and did not sit on their rights.”
I agree if it comes to that on bk but I would try to vacate and/or file complaint with CFPB and let elected officials know. CITI is part of National Mortgage Settlement! They are required to have reliable evidence, proof of valid transaction and valid documents. Once in bk can’t use settlements I recall. Just plain research, no legal advice.
And Citi also has a Chase type of settlement from July!:
“”Under the terms of this settlement, the bank has admitted to its misdeeds in great detail. The bank’s activities shattered lives and livelihoods throughout the country,” he said. “They contributed mightily to the financial crisis that devastated our economy in 2008.
Shares of Citi (C) rose more than 3% in midday trading.
What it means for homeowners:
Some homeowners with Citi mortgages could see the amount of their loans reduced, or could have their interest rates reduced. There will also be down payment and closing cost assistance to future homebuyers.” http://money.cnn.com/2014/07/14/news/companies/citi-settlement/
Definitely a crime if you lose this. Lots of ammo there.
Hopefully ldynps can help you with her motion and I’ll do what I can if I can add anything. In my situation before the criminal complaint sentence I was told by one lawyer that it would cost me $10,000 to put together the motion I needed while another quoted me $500. The $500 guy couldn’t make it and with just a couple of days to go I found a lawyer who did the motion for $1,000. This person just stuck to the basics and she got me a continuance.
Somehow I don’t think you’re focused on what we’ve been saying, it’s not an attack. There is no blueprint like you’re trying to find, that’s really the worst approach with the courts except for references to other cases.
I would say keep trying with lawyers but focus on them explaining to you your options not necessarily make the case for them. When someone sounds reasonable and isn’t going on script then show your research etc.
What’s the timeline per the statutes of sheriff setting sale and what are your options after sale and before eviction or recording sale?
Today Garfield has a case that talks about this as well.
“The case is a direct instruction to do what I have been advocating for years. If you think you have a meritorious defense or attack on the foreclosure, deny the implied claims, and plead and prove that your objection is not based upon procedural irregularities, but rather on the fact that the party seeking to sell or foreclose the property never had any right to appear must less enforce anything involved in the loan.
In this case the status was that the sale had already occurred and Recontrust was seeking the usual eviction. The Judge, separating the chafe from reality simply said that Recontrust had no rights whatsoever and that the eviction would not occur (judgment entered for homeowner) and that the reason why the homeowners wins is that the foreclosure sale was void ab initio.
The lesson is that if you are going to try to split hairs you are at best headed for a continuance so that there is an appearance of due process. But if you really want to win, then you need to learn something about securitization — the concept, the written documents and the actions by parties claiming rights under self-serving documents that are completely false.” http://livinglies.wordpress.com/2014/11/11/utah-judge-voids-foreclosure-sale-it-never-happened/
But he also says not to argue securitization, just to know how the fraud is committed and you can identify it. That’s exactly what we did showing breaks and no proof of payment.
And you also have this requirement:
Sheriff’s Sale
When the bank intends to sell your house, it must advertise the sale weekly for four weeks in a local newspaper. That gives you a minimum of another month after the entry of judgment against you. If the bank has a large backlog of foreclosures (and many do, these days) and doesn’t schedule the sheriff’s sale right away, you may have even more time. http://www.jenkinsclayman.com/how-fast-can-a-bank-foreclose-in-new-jersey/
Barclays Plc (BARC) and HSBC Holdings Plc were among six banks sued by U.S. soldiers and their relatives over claims they helped Iran process billions of dollars in transactions and support terrorists who attacked them while serving in Iraq.
…The case is Freeman v. HSBC Holdings Plc (HSBA), 14-cv-6601, U.S. District Court, Eastern District of New York (Brooklyn).
Good afternoon hammertime!
A decision was handed down by 8th district Court of Appeals in which I was denied reconideration of my foreclosure case and I would like to file a lawsit against the Servicing company and the said lender for fraud in the court… During Discovery the plaintiff and the servicing agent claim that they had in their possesion personal knowledge of my signing documents including the loan modfication through an Affidavit from the servicing company which is FALSE because I have in MY POSSESION the said modification aggreement and it was never signed nor was it notorized by myself
I went Pro Se in the Summary proceedure of this case but I wasnt allowed to speak during the hearing only submit documents and facts to the court in which I did but the plaintiff was awarded the decsion in which I filed an appeal and I hired a lawyer but the appelant court said i cannot raise any new arguments during the appeal process.
This case has been ajudicated twice before for this home because I had the oppotunity to state my claim during court but not this time.I would like to know the proceedure in filing a lawsuit against the Lender and servicing company seeing that their claim through an affidavit from the service company that I signed the loan modification.
Thank you very much
D.A.
hammertime
November 12, 2014 at 7:09 PM
Hi Don, answered your signup on link I posted. You may have to check your spam. What state are you in? I bought some time on my sale.
Carmen Segarra and Alayne Fleischmann, the Chase whistleblower this week are real patriots. We need a common sense approach to stop the theft of our country and restore real trust in our institutions and government.
You just need to fill you name in the boxes off to the side in order to sign the petition. Then it will ask you to verify it via an email sent to you at the email address you use.
hammertime
November 5, 2014 at 3:16 PM
Thanks Tricia, just beat me to it.
And for facebook PLEDGE just click on Like at top of page and comment would be good.
Here’s direct link to tab: http://bit.ly/1xJaWB7 with pledge. You would need a facebook account at facebook.com
I did the other petition on care2 as well, each has it’s different approach due to limits and kind of rushed. But they can all feed each other.
Thanks hammertime. Not sure whether I ever received the original note with SelMtg. The earlier Mtg papers were destroyed in a flood in my home. I only managed to save a few pieces. So, if Citi brings to bear the NOTE I received a copy of at closing with Flagstar, with what looks like my signature, what defense do I have if I don’t have one to compare? that would only make that one valid, right? Should I be asking for all the paid off notes through the chain?
NOTSETL is the satisfaction of the Mtg, (I think) – the ones recorded in my county file that discharge me from the debt with that bank. (Notice of Settlement) – that is not the note, is it? My signature isn’t on those docs. From what I’m understanding is that somewhere, Citi should provide all the original ‘notes’ being transferred and paid since SelMtg? Is it all the notes being paid from one to another the chain of title? Who else may have those docs besides the lender, if I don’t possess all of them?
No prob. I’d say you can work backwards from latest that claimed a payoff and question Citi’s standing. Then see what you can do to verify your debt and title as much as possible. With quiet title all who have claim have to step forward and if they don’t court will wipe your title clean and you can propose your own “modification” if necessary I believe. Need to run will review later.
That’s a great document for people to review. Lays it all out. Only thing missing is the specific complications of broken chain and verification of debt. If you verify Citi info against copy of note and they don’t match up with endorsements seems 8-10 would be covered. If they do then go back to previous note and contest verification of payoff is my thinking just opinion of course. But you also have options for OTHER to get into details it looks like. Now find an example of completed case and you should be set.
Suz
November 5, 2014 at 2:15 AM
Hi hammertime; ALL – Thanks for your response. I wouldn’t know if indorsements matched since the note I am in possession of has no indorsements, not signatures. It appears all the infor they set forth in the complaint are a mirror of the copy of note in my possession.
In any event, I wanted to be sure about whether Citi even had the legal right to seek/file entry for FJ AFTER having assigned the mortgage to FNMA/Seterus. I found this on another site, and am trying to discern between partial transfer. The mortgage follows the note, right? Perhaps it can define for others as well. Let me know your thoughts as I make my way through: http://my.firedoglake.com/masaccio/2010/10/20/legal-issues-on-enforcement-of-promissory-notes/
hammertime
November 5, 2014 at 2:50 AM
It’s late, but Suz I think you’re over thinking it. You don’t want to make it “right”. If there are no endorsements then that’s your reason to vacate as the form says. That’s it! By matching I meant see where they claim they were owner etc and see if note and stamps make sense. So if Citi claims they are not just the holder there should be an endorsement to them. If no endorsement that’s your case you even have the added case where it needs to be dated per the form! Just do that basic “matching” and get a consultation before you go crazy. If they match then make sure assignments are in order and working backwards to where you question they paid the previous loan. But I keep saying start with the fact you have no proof the previous loan was paid. Either way you want to show there’s a broken chain and not try to fix it for them! But if you have time have at it.
Hammertime. Did you receive paper statements from Chase? I kept all my paper statements from chase. They quit sending them when I got behind but then they put me on forebearance and from there trial mod which they breached (the first one) but I kept copies of all payment even though they quit sending me statements. 2009 is when they started getting sloppy with my mortgage.
There was a while they stopped then they did a new accelleration and NOD and started again I recall. They are now basically doubling the payment! This was done I believe to appear to comply with homeowner bill of rights that went in effect 1/13 in CA. 2009 is a key year but there is no way these were mistakes or sloppiness, again that let’s them off the hook like the settlements did although settlements can still be used. Late ’08 was when mergers, sales happened with WaMu, Bear Stearns etc. The “errors” were corruptions by MERS, and the servicers etc and now “errors” are being used to say they own all these loans and boot us out with no docs.
That’s the thing I can’t figure. A satisfaction of mortgage has suddenly showed up recorded by amro. But the recorded date is in2003. I did not refi. With Chase until 06. I had a coupon book with amro and then chase started sending me statements I never saw the release of mtg in public records until the other day which leads me to think that now the courts are falsifying recordings in public records and also a NOC was recorded from a company that did not work on my house. I am not surprised though. I have all the originals of satisfaction of mortgage showing paid. But the 2003 anti paper. I don’t have a original paid. I KEEP EVERYTHING. Now they are falsifying recording. How far will they go!!!
Ooh boy, hammertime – Please excuse the brevity of my response – I’m really not trying to be thick here, but apparently, I’m clouded. Perhaps I’m not communicating as effectively as I would like. And hopefully not taking up too much space here – I just can’t make heads or tails of the NOTE. The paper I have called a “NOTE” was presented at closing with no signatures and only lists Flagstar as lender. This is the only document I ever received regarding a NOTE.
Timeline IN and NOT in my file.
For this property:
* First NOTSETL -Mortgage originated with Select Mtg on 11/21/01. Recorded 12/10/01
* Select Mtg. assigns to RMBG on 1/9/02 (recorded) made payments to RMBG
* RMBG assigns to First Nationwide Mtg Group on 9/4/02 (recorded) have no clue who this is; never paid them.
* NOTSETL w/ SIB Mtg. 12/19/02 (recorded) – later recorded the actual mtg on 6/19/03
* Discharge Mtg with Select Mtg. 4/10/03 (recorded)
* Discharge Mtg with SIB Mtg. 1/30/04 (recorded, but part in blank (no state listed) on discharge)
* Refinance with World Savings (Deferred Interest Adj Mtg.) 1/9/04 (NO NOTSETL with this bank on record.)
* Discharge Mtg with World Savings (Golden West Savings Bank as “trustee”) 2/2/05 (recorded)
* Refinance -NOTSETL w/ Flagstar Bank 1/10/05 (recorded)
Then – started making payments to ABN-AMRO in 2005 – no assignment recorded.
Received letter from ABN AMRO on 8/10/07 to start making payments to CitiMortgage (understand there was a merger, but no assignment otherwise recorded)
I stopped paying Aug of 2012, then Hurricane Sandy hit and could no longer rent the unit. – (after losing job in 2008, 2010 nearly went into default, but managed to make up the payments.)
Flagstar assigned to CitiMortgage on 6/7/12 recorded right before I stopped paying.
Citi filed lis pendens and complaint (which I never personally received) 10/15/13
Citi files Request to Enter Default 2/26/14
Citi ASSIGNS Mtg to FNMA c/o Seterus 6/12/14
Citi Applies for Entry of Final Judgment – 7/10/14
Citi GRANTED Final Judgment – 9/23/14
Seterus contacts me via phone on 8/6/14 informing me I should have received a welcome packet and they have a guaranteed loan mod from Fannie Mae to get me started. I explain to Seterus rep that Attorney’s for Citi have a lis pendens (as I’m not privy to any complaint, etc.) and he checks with some managers and has no idea what I’m talking about. He’s happy to be of service and will send out a payoff quote as I had a potential buyer. Never received a thing.
Called Seterus back about Fj when I received it – they again have no knowledge and asked me if I received the mod package. They told me to call Citi and inquire about the FJ – I did so, was on the phone for nearly an hour w/CS rep who claims she contacted their foreclosure dept and every dept within Citi she could contact and none has any info on my acct. other than the account was closed and transferred on 6/1/14. They told me to contact Seterus to find out what was going on.
So are all these recordings only of lender/servicer to lender/servicer? No mention of a NOTE being transferred to any of these parties. Yet Citi claimed to hold the note and now Seterus claims, as does Fannie Mae that FM owns it. Can CIti still be holder after assignment?
I have on chance to file a motion to vacate, just want to make sure I have all my ducks in a row….
thanks for the link @ hammertime – I just don’t know which one to file- set aside a judgment, vacate a judgment, respond to surplus – extend time to answer. are these all separate?
Hi Hammertime
I guess I understand. I would believe that if a mortgage gets transferred to a new owner that there should be recorded in public records that it is paid off and transferred if to a new lender as if one refinanced. I am not really dealing with that so much asChase was my lender when I refiled and I also made my payments to Chase. But obviously I did sign a new mortgage with Chase and Abn amro was paid off(the original mortgage). No assignment necessary in my case. The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note since the day I refied with them and they r using Fannie mae as a cover up to hide all of the now obvious mistakes they made with me an numerous others. Fannie Mae is nothing more than a facade for these banks to cover up all their deceit and lies.
Ok this sounds similar to my case. Now you need to focus on how ABN went from being the original lender to you making payments to Chase. It sounds like you’re saying you started making payments to Chase BEFORE you did the refi? So they must have claimed to be the servicer at some point. Question is did they simply get servicing rights basically to collect payments for ABM or were they the investor or servicer for someone else?
They are manipulating the term refi in my opinion to make it seem that it was always the same account or an account was closed and re-opened making it seem like there was a PAY OFF when in fact THERE MAY NOT HAVE BEEN. This is where the MERS, WaMu chaos comes into play. Refi refers to that the loan is not a purchase loan. They can legally transfer etc but if I don’t know you from Adam why would you transfer a loan to me without payment? That’s exactly the point Garfield made the other day.
So when you have two completely different lenders on a refi you can’t assume it was “just a transfer”. I would say you should have the original paid note from ABN and then go from there and see exactly when and how and what version of “Chase” got involved. That’s what Bobbi and Eugene are talking about with CHF.
If we really work together and put our heads together I think we have some serious claims that make Ocwen look like child’s play. We have to quit playing the should’ve game and understand they were out to do us damage. I don’t think Jesus Himself just said forgive and forget.
@ LMS53 – In response to your post “The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note…”. Chase would not have any means of possession of the original note with ABN AMRO. The title company/closing agent wires the funds directly to ABN AMRO at the funding of your refinance and the cancelled note and mortgage along with the recorded satisfaction of mortgage recorded in public records are returned to YOU; not to the new lender (Chase). Chase has no purpose nor any means of acquiring that paid off note from ABN AMRO.
hammertime
November 4, 2014 at 2:23 AM
Yes but LMS is saying Chase was paid before the Chase loan so they may have been servicer as CHF or other entity. These guys lied and made up stuff not just “mistakes” and Fannie Mae etc. CHF took over my “loan” and then said it was WaMu 3 years AFTER WaMu actually returned my PAID note. What is it 10% of loans during this period were done the way they were supposed to? Every time we say they were mistakes or even robosigning we let them off the hook.
@ Bobbie Are you referring to this article:
Negotiable Instruments Explained by Neil Garfield
I read it as an overall primer with points like this that we need to keep in mind in general before going down the assignments rabbit hole:
“Then we go to the maker — the person who signs the instrument promising to do something — like payback a loan. Nobody would sign such an instrument unless they were protected from multiple claims on the same promise. So protection of the maker is of paramount importance. The marketplace would stall out if the maker was at serious risk of multiple claims that would bankrupt him based upon one promise.”
Amazing it seems as though he’s reading my mind or reading this board!
RHODE ISLAND FEDERAL COURT PERMITS ATTACK ON SECURITIZATION ASSIGNMENT
NOVEMBER 22, 2013
November 22, 2013
A New Jersey Chancery Judge has just denied a Motion to Strike a homeowner’s Contesting Answer and Defenses and dismiss his Counterclaim in a New Jersey case involving five (5) claimed Assignments which involve MERS, EMC, and Wells Fargo. In what appears to be a unique case, Wells Fargo has requested, in its Complaint, that the Court declare that three of the Assignments are void and of no effect. Counsel for Wells Fargo attempted to argue the Motion as one for summary judgment although it was not styled as such. Motions for Summary Judgment are decided under a completely different set of rules and case law in New Jersey.
The Judge stated that he has never seen a chain of title to a mortgage loan which is so complex, thus giving rise to issues of material fact and warranting denial of the Motion to Strike and Dismiss.
Jeff Barnes, Esq. represents the homeowner together with local New Jersey counsel Michael Jacobson, Esq. Mr. Barnes is admitted pro hac vice in the case and argued the matter within the last hour.
Q: What types of motions are filed with the Office of Foreclosure and what types are filed with the county?
A: There are several types of motions that may be filed in relation to a foreclosure proceeding. Some motions should only be filed with the Office of Foreclosure, while others should only be filed with the General Equity judge in the county of venue (the county in which the foreclosed property is located). Certain motions may be filed either with the Office of Foreclosure or with the county General Equity judge, depending, in part, on whether or not a foreclosure final judgment package has been filed with the Office of Foreclosure.
Types of Motions filed with the Office of Foreclosure:
Motion for Entry of Final Judgment
Motion for Entry of Default Out of Time
Motion to Vacate Default (if the final judgment package has NOT yet been filed)
Motions Extending Time to Answer (if the final judgment package has NOT yet been filed)
Motion to file an Amended Complaint (when any answer—contesting or non-contesting—has been filed)
Motion for Surplus Funds (if payment of surplus funds is not contested and the party seeking the funds was a party to the original foreclosure case)
Examples of Motions filed with the county judges:
Motion Extending Time to Answer (if the final judgment package has already been filed)
Motion to Vacate Default (if the final judgment package has already been filed)
Motion for Summary Judgment
Motion Appointing Guardian Ad Litem
Motion Appointing Rent Receivers
Motion Appointing Attorney for Party in Military Service
Motion for Substituted Service
Motion to Set Aside Final Judgment or Summary Judgment
Motion to Stay Foreclosure Proceeding (There are various reasons to stay foreclosure proceedings; the defendant will need to contact an attorney to determine if this option is available to him.)
Motion to Stay Sheriff’s Sale
Motion to Stay Eviction
Motion to Vacate Sheriff’s Sale
Hammewrtime – read the article by Garfield but that article is referring to the promissory notes within a foreclosure suit – not the promissory notes of a refinance. At a refinance the mortgage being paid off is satisfied and the note securing that promissory note is no longer valid. It should be returned to the mortgagee along with the recorded satisfaction of mortgage. Garfield is referring to the transfer of the promissory note and mortgage from payee to payor and the effect once it enters the realm of the secondary market.
Thanks hammertime, I am reading it, and it is basically my question as it appears CITI and Fannie Mae/Seterus are asking for the same debt. I found the NOTE in my paper file and it is what CITI claims as part of the original complaint, but it lists no OWNER, only Flagstar as Lender. There are NO signatures on this note.
Also, what I found puzzling though was why CITI’s attorneys forwarded the FJ to Seterus’ Foreclosure Dept. – under the guise – “For your information” yet Seterus claims not to have any info on my foreclosure which is why they are offering a loan mod. I’m trying to get to the bottom of whether at this juncture, CITI can amend the FJ to add Seterus as party, or substitute plaintiff either before, during or after the sheriff sale. I wish Garfield could outline how to fill out a motion form regarding this particular instance. Sadly, the clock is ticking and I feel I’m running out of time to file this motion. 🙁
hammertime
November 3, 2014 at 7:23 PM
So getting to the basics if Citi and Fannie Mae are both asking for the same debt and not by proper standing or authority then at least there is a cloud on title it seems. When you say you found the Note is it the paid off note on refi or the “current”, original purchase note in dispute. If current note sounds like it’s your docs COPY they sent to you which is ok. So you need to show some evidence that both are claiming the current debt. But what I’m trying to get at is if you refi’d did you receive the ORIGINAL NOTE, not a copy of original, marked paid and with proper endorsements and not JUST a letter.
If you received any other copies of the current note you can check if they match up with the one they first provided you and or if there are any strange or unmatched endorsements. On a transfer I do not believe you would have an endorsement. If there is an endorsement then there must be a claim/assignment to be investor or buyer or servicer. Again buying servicing rights is different. When you say owner that is confusing. There would be no owner designation on promissory note unless something unique in NJ. “Owner” starts coming up when there is an investor or some entity is claiming ownership through transfer. So that could be your red flag that someone says they own the loan but no records of assignment that should be backed up with record of payment and endorsement would be one clue. But the final evidence is wire transfer or other PAYMENT documentation especially if probable forgery involved. This goes to wording of “reliable evidence” in settlements and homeowner bill of rights language.
One of the points of Garfield’s primer is that we are protected from having multiple claims against us and assurances that debt can’t be charged without assurances of our rights being protected.
Not familiar w/ NJ but I would think you could raise these points for some type of continuance or get a free consultation to verify your options.
So POSSIBLY use clouded title, no reliable evidence that the latest one trying to take the property is the actual creditor and the biggie to me that no reliable evidence that previous loan was paid if you never received the original note stamped paid or with letter. Last one is where you would ask for and contest verification of debt. So if not done so then could be grounds for more time if you are now aware of problems of any previous verification of debt.
@hammertime – I don’t believe I have ever had an ‘Original NOTE’ stamped or with any endorsements. This should have been with my first mtg on this property, no? The only doc with the word NOTE on it is the one with Flagstar as lender and that came long after (several lenders) the original mortgage I took out with Select back in 2001. Actually, I just read that Citi claims to be the “holder of the obligation and the mortgage – is the NOTE the obligation of an in itself?
hammertime
November 4, 2014 at 2:17 AM
Yes, exactly it is the negotiable instrument as Garfield explains. That’s a very good breakdown that gives you your big picture, That’s a basic chain of title your lawyer should have done and would have charged a pretty penny. That note you signed way back in the beginning is like a personal check you wouldn’t accept a xerox copy of right? So each refi the note that was paid off with your wet ink signature, not a copy, should have been returned to you in mail and then you had a new note “active”.
It looks like SelMtg was your purchase loan and then World Savings refi and then Flagstar. So you should have a paid note from SelMtg and World Savings. Everything almost in between looks like has problems. World Savings prob predatory ARM.
Looks like Citi should have been servicer or investor on Flagstar loan where there should be proof of transaction. So the Flagstar copies should show an endorsement from Flagstar to Citi is my thinking and since everything is so messed up proof of transaction. Your dates of ’04, ’07/’08 fall in with all the “toxic” loans.
What is NOTSETL?
At the end it looks like dual tracking of offering mod while going forward with foreclosure while CITI may have no standing if can’t prove they paid off Flagstar.
You were also affected by harm done by banks in ’08 and natural disaster just like me! Although mine was just a freak wind storm!
I copied court options right from web site so see what makes sense as to where your at. Definitely get a consultation. If it is allowed it seems stay or extension would allow you to make them verify debt and standing and negotiate but first make them produce paid notes etc. In CA the entity/trustee pursuing foreclosure is supposed to hold the note. So it can go back and forth it seems from trustee, servicer, owner/lender. Yes, all separate, whole menu depending on where your case is in the foreclosure department? or county office. Sounds like your options are in county with final judgment package filed but not evicted right?
But sounds like you can even quote the judge on the case I sent of title that’s too confusing. Looks like multiple breaks in chain.
What Garfield has been focused on is that “lenders” are not saying they are “holder in due course” because they can’t claim you have no defenses so that’s why they only claim to be the holder.
You need to go to court house or online and not expect them to answer you at this point or there’s some violation there as well.
My experience in court is minimal but Bobbi’s advice sounded right per my experience. But don’t acknowledge any of the lender’s/servicers besides the original and even that you need proof that it was paid off with paid note. Don’t deny you owe anything but you can’t tell who is the real creditor at this point and they need to verify the debt.
Hello Everyone, I also have Chase Home Finance, LLC as the owner of the Note and Mortgage. In 2009, they claimed that they merger with JPMorgan Chase bank, N.A. and CHF was the successor by merger. The OCC approved the merger in May 2011 with JPMCB as the surviving entity. After a three year lull, now in 2014, CHF is assigning the mortgage to Bayview Loan Servicing, LLC who is acting as agent for M&T Bank. JPMCB was the alleged original “Lender.” No assignments to CHF, no assignments from CHF to JPMCB. Bayview claims to be owner of the mortgage and claims to be the servicer for M&T Bank. Bayview claims to have taken over the servicing rights from JPMCB and is servicing on behalf of FreddieMac. FreddieMac claims to own the mortgage since 2006, date of loan origination.
How did OCC grant approval of the merger when CHF and JPMCB were just the subservicer and servicer for FreddieMac?
Eugene – I have the exact same mortgage with Chase and the same language they used in the foreclosure action on the merger. Funny thing, though, is that the merger was never officially approved by the OCC in 2011. You need to look at the ‘conditions’ that were attached to that approval that were never met. YEP, I wrote and got the papers under the Freedom of Information Act. Just because they filed for the merger did not make it official. If you would like copies of what I have send me an email and I will scan and forward them to you. In my case just 4 months ago they sold my mortgage to Penny Mac and like you they never filed an assignment. When Penny Mac calls me I just tell them ‘you don’t own any mortgage of mine according to public records.”. You would think that after so many months of the same answer they would check the records….but what can you expect from minimum wage workers who do nothing but call (harass) people all day long
Thanks, that now makes sense. Didn’t think about that. I had a Substitution of Plaintiff on October 24, 2014 that was granted to Bayview that had stated in their motion that they needed this substitution in order to file a Final Summary Judgment. Really? I guess CHF or JPMCB didn’t have authority?
New Jersey, a judicial state, has the most corrupt foreclosure judges. I have another case where OneWest assigned to Ocwen and I have the judge all knotted up because I filed a “fraud upon the court” where he is the guilty party. In my hearing for this motion last Friday, he was so bent out of shape that he got up and almost left the courtroom.
If you can send that FOI on the merger, I would greatly appreciate it. If there’s something that I might be able to help, let me know. Thanks. eugenevillarreal@hotmail.com
@ Suz – No, that’s how they bamboozled us. Unless by note of settlement you mean the actual original note of loan that was paid off. In the past before this fiasco a reconveyance and or note of settlement was accompanied by THE PROMISSORY Note that you signed which represented the debt. Look up reconveyance and return of note should be ONE of the requirements. So if you understood and in the past it always meant that the loan was “paid off” you got that physical note BACK as your “receipt”. Chase actually wrote in a letter that their policy is to return the paid note when paid off but THEN said the loan was transferred and not paid off OVER 6 years! If it’s an active loan they will say they can only give copy etc.
I’m saying “receipt” to make it simple since people have a hard time now getting sucked into all the made up language of the banks. It became “kind of” paid off only after they went nuts with securitization etc. But securitzation is not the problem it was the bank’s chopping up of mortgages and MERS, COPIES floating everywhere, making a mess of things, NOT US who they put the blame on. So that’s why they had to start saying notes were lost etc.
We’ve been conditioned to believe a bank can lose stuff and it’s no big deal!
Long story short they are trying to say they can reconvey and send you a bs letter and that’s all the proof they need of payoff. So you should have received your paid note right after closing. I think this is the biggest mistake we as homeowners make to get caught in all the assignments etc when you have a refi at the root of your chain. If a brand new loan that’s different it seems. Unless they mix a loan with someone else but that can never happen. RIGHT?! Not!
The only way I see any way out of them not delivering paid note is if you agreed that there was no payoff somehow and basically they just restructured the old loan. I doubt any of us agreed to that but they keep insisting that’s all it is. My closing statement says “pay off” of such and such loan.
So if it’s the case your previous loan was PURPORTEDLY paid off but you never received the note that is a violation of your rights I understand. So you can say the debt isn’t verified from that point. I would look for a quiet title case to get your wording or basically fraud by anyone that claimed that the debt was paid when there’s no reliable evidence. Reliable evidence language comes from the settlements. I would go on https://livinglies.wordpress.com/ and read up.
Are you the one that paid a bunch of money to lawyers? I would complain and have them right it up AFTER you do the research. There’s a group that’s promoting that exact approach and I have basically had to by necessity up to now.
Hammertime
I know previous attny said at one point Fannie and chase were trying to claim ownership of note. There are also two recorded satisfaction of mortgages when I first bought property by Abn amro
Which is strange and both were recorded long before I ever refied with Chase. I wonder if the courts can backdate stuff like that as it would be easy for all kinds of fraud to surface without borrower knowing. I also saw an notice of commencement that suddenly popped up from 2008. I had a lot of work done on my house but never from the company that filed the NOC in cty records. Something is sure not right with what is going on in the courts here and I still have not forgot the fact that when I was 2 days away from my trial the judge that was assigned to my trial was an ex attorney for chase. I definitely feel they r trying to cover up something with my foreclosure but hopefully that will not happen now that my case is also being monitored by the federal court. As you said let sleeping dogs lie as I have no plans to move.
@LMS as previous post – the other part of your comment on Chase file you have endorsed you should match up as to refi, transfer etc and see if match makes sense and hopefully you can tell when it was endorsed. I think they are dragging their feet because there’s something wrong with your chain of title. Loan mod isn’t going to fix that. If you never plan to sell then maybe you could let sleeping dogs lie?
Well not what I’m saying and it seems we are being told different things by Chase as it fits their purposes. First I’m saying on refi and a previous mortgage/note was “paid” by right they need to send you the paid note as well as file a revonveyance usually. Now a transfer may be represented by assignment as Bobbi I believe was talking about can either be filed or not depending if for servicing rights (can also be sold?) or if loan was bought. So my takeaway is either loan OR servicing rights OR both can be bought by a servicer or other entity. That’s why their claims need to match up as to when they claim to be investor, servicer (what type) and they need to be backed up by endorsements on notes even if just copies if claim to buy or be beneficiary. Actually may be first time I put it all together so hopefully makes sense and double check. Only gap would be who is note endorsed to when to a REMIC etc and that’s where you get into whole investor hiding game it looks like.
Interesting hammertime that it has to be marked paid if transferred. The one in my file was only endorsed by Chase stamp and that’s it I will get on website. Just laying low because have court date coming up and my loan is back in underwriting for the umpteenth time. Can’t wait to see what they propose from the settlement. Not getting excited though
Trial payments are not the problem. It’s what they want you to pay back in total after they add on their lying fees, etc. why do we have to be responsible for all that extra money they want you to pay when they are the screwed up ones dragging Their butts and claiming to lose paperwork among all their other lame excuses.
@LMS hope you got the discussion on no payoff necessarily if transferred which is what banks are trying to claim that a transfer is the same as a payoff from my experience.
On letting sleeping dogs lie hope you get to that point but make sure they indemnify you I think is the term against any other possible creditors. Another basic issue that is ignored is in the title insurance we paid for usually they are protected against title defects and MARKETABILITY of title.
There are only 3 signatures and I don’t see where to sign??? Am I missing something here?
hammertime
November 4, 2014 at 9:04 PM
Maybe. You sign on petition link. The 3 signatures I think you’re referring to likes on facebook PLEDGE page.
The pledge is meant for officials to sign or like but need to comment if they only “like” so they can get credit. Haven’t worked out the kinks.
The goal would be to get as many likes by homeowners and other supporters.
You would be good since your a CA/FL combo.
You can download pledge or send link to official to encourage them.
I’ll keep working it as some big issues came out today regardless of who’s elected and we can’t stay in sidelines and with head in the sand.
So like and make a comment on facebook page and sign on petitions. As I said above need 150 signatures on White House petition to go public and 100,000 to get administration to look at. Shouldn’t be anything controversial so no excuse. It’s a 5 minute job people!
Pro Se, and Have Hearing Date on the 26th. Getting Nervous, but not sure if I should get an attorney to make sure I don’t lose on “rules”.
You know they win by knowing procedure, not substance most of the time!
Backed em off 2x before. Not sure this time….
Mers Recorded “Corporate Assignment” 6 Years (Or so, ) After the Pool Closed!
Anyone have any ideas?
Last time they (Wells, Agent for Hsbc, Agent for Merrill) Went Behind the Back of their attorney (they had on the case for almost 2 years), and on a Friday afternoon, Hired another law firm (Without their attorneys knowing), Had the Additional Firm File an Appearance on the Monday, all to get the Judge to Recuse Himself!
(The Judges Son just so happened to have started work there!)
They are dirty F’s!
Dont put anything past them!
Ideas?
hammretime
November 10, 2014 at 2:09 PM
Alright! Hasn’t gone viral yet! Remember need 150 on white house petition then 100,000 one at a time then will use other techniques as best I can.
100,000 is 2% of the 5 million homeowners affected at one point.
@golf check out Garfield’s post today on changing servicers, trustees etc. I would say remember the basics chain of title, reliable evidence of payments, authority etc
Good advice to Suzanne, Bobbi. I was wondering the same. I understand servicing rights r not recorded when transferred. But note ownership should be and understandably so. Chase has tried to say that Fannie mae is the holder of my note yet Chase was the lender and I always made my payments to chase which I maintain chase is also the holder because there was never an assignment recorded to show otherwise yet chase is trying to say Fannie mae is the holder. I say prove it!
@LMS That’s interesting I keep saying we need to compare notes. Join foreclosurehamlet.org and we can compare. Latest round with Chase they say the originator has paid note although they claim they paid loan at closing of refi as servicer as Chase Home FInance before the supposed merger.
A key thing for Suz and it seems this is a big gap in people’s thinking is when there is a refi and a payoff of a note they are REQUIRED to return the note MARKED PAID. Some state vary as to if it needs to be stamped. So in my case in ’04 my WaMu SERVICED loan originated by finance company THE PHYSICAL NOTE was ,b>RETURNED TO ME, ORIGINAL WET INK and stamped PAID by WaMu the purported SERVICER.
10 YEARS LATER they are still referring to the “loan” as a WaMu loan. IMPOSSIBLE.
So there may be broken chain or bad transfers all along but they can be “fixed” usually by state unless it can be shown there was no payment although there was claim of value paid.
So SUZ needs to verify if she got HER RECEIPT, the PAID Note from the refi I would say first then move up the chain and find where the PRETENDER lender pops up.
Get professional advice and/or do research.
Suz
November 2, 2014 at 8:09 PM
Thanks hammertime – when you say my receipt, are you referring to the note of settlement from one bank to the other when I refinanced? Say from World Savings to Flagstar?
Also Suz. If u were never formally served, the entire case should be dismissed. What state r u in? When a person is served, the server has to document a description of the person served. R u in the house now. If your neighbor volunteered enough info. To whoever was asking, maybe they thought you had abandoned and so the bank did not attempt to serve anyone thinking there would be no one to contest the foreclosure. Don’t trust anything any of the court docs sent to you. QUESTION EVERYTHING!
Make your motion to vacate and don’t let the bank attnys know what u have. You may have something that their attorneys or not aware of. Throw the banks attnys under the bus. They r making you out to be a deadbeat non payer. Remember this is what foreclosure is all about. These attorneys do not care how they get you to that point. They are paid to carry on with the lies and deceit the banks started. Make your motion and get your court date and get your paperwork in order and let yourself be heard. Don’t let the lousy bank’s attorneys win. You have to prove the bank is wrong and you are right!
Suz sounds like they r trying to do some backtracking to justify the foreclosure. I hope you have all correspondence from all these banksters whatever their role is/was service r or note holder. Put the timeline together with the correspondence and go to the judge and get it vacated if you want to stay in the house. Force their attorneys to explain the various servicers/owners. Especially that no assignment was filed until the foreclosure started. That would be a huge red flag to me. They r backtracking to steal your house. Put your paperwork and timeline together and take it to the judge immediately. I’m sure the attorneys will not want to deal with all those claims of servicer/owner. The attnys are always betting that u will walk away or give up. Don’t. Stand strong!
Thank you Lms53. I have all the docs the County Foreclosure Office emailed me that were in my file. Is there something I may be missing? I was never formally served – an estranged neighbor vouched that I had moved out a month prior to they’re trying to serve me – while I was just away and I never received the complaint, app for entry to default, etc. This lis pendens was only available to me through searching my county record I only received the final judgment through reg mail as a copy forwarded to Seterus (for their information). I wish I knew how to word all this in a motion. Do you happen to know if should send exhibits (assignments, etc.) with the motion, or bring them to court? Thanks so much for your help. An attorney out here states that the bank can file assignment whenever they want- It need not be as soon as they do it….but 6 years?
ASSIGNMENTS OF SERVICING RIGHTS DO NOT HAVE TO BE FILED IN PUBLIC RECORD! A lender can sell servicing rights and retain ownership of the note and mortgage. ABN AMRO was sold to Citicorp in 2007. They are mostly a mortgage servicing company. Suz needs to do a QWR (Qualified Writtten Request) to find out just where the note is at this point. If CITI filed the original lis pendens then it has to file the original note as well with the courts (at least in Florida). I would request a copy of the process server’s file since she was never served and taking a neighbor’s word is not sufficient evidence of abandonment (that’s hearsay and not admissable) . They should have at least checked to see if the utilities were still on at the home, evidence of upkeep on the property, etc. before they made the determination of abandonment. On another note, I would verify that the original note to Flagstar was properly assigned and endorsed to ABN AMRO especially since there was an acquisition involved. Assignments of mortgages DO have to be filed in public record. If Fannie Mae owns the note and mortgage as they say then there should be some sort of assignment, but remember, Fannie Mae is simply an investor (not a banking institution) and they will grant the authority to the acting servicer as the Plaintiff in a foreclosure action. Did Citi actually file the lis pendens under their name or were they filing as ‘Trustee’ under a securitized trust?
Suz
November 2, 2014 at 7:45 PM
Hi Bobbi – Thank you for this – All the assignments in my record are “Assignment of Mortgage”. Lis Pendens was created by CITI’s attorney – Citi is claiming to be plaintiff in the lis pendens which reads -“plaintiff is hereby given of the commencement and pendency of a suit in the Superior Court of NJ covering the premises, made by (Suz) to MERS as nominee for Flagstar Bank of which plaintiff is now the holder and servicer to recover possession.” That was dated Oct 15, 2013. SO, the only mention in the Lis Pendens is the original 2004 mortgage with Flagstar (which assigned to CITI in 2012.)
It may have been true that they held the note at the time But I don’t see how they could still hold the note if they assigned to FNMA (and Seterus as servicer) and still be granted this FJ.? So shouldn’t Seterus be initiating a new foreclosure proceeding? does this knock CITI out of the picture? Wondering if I should be bringing up the fact that two parties are requesting payment for the same loan/debt? CITI through FJ and Seterus through modification?
Not sure about whether the note was filed as well in NJ. Where might that info/doc be? This is a judicial state. Again, there is no assignment filed from Flagstar to AMRO. It seems as of the last assignment recorded, CITI assigned all to Fannie Mae this past June in care of Seterus in the middle of this foreclosure. I guess I’m having a hard time figuring out what to ask teh court for in this motion. BOBBI – do you know where I may get hold of the process server’s file? Is that a file held by the court? All I have is CITI’s attorney’s certification they provided the court.
I agree on the abandonment issue – I have been paying the utilities and condo maint fees all the while. I’ve been sitting with this motion form knowing what I’d like to say, but worried it may be the wrong thing or even the wrong form.
BOBBI SWANN
November 3, 2014 at 11:51 AM
@ Suz – We are judicial as well here in Florida so should be similar in nature. During the course of the foreclosure process during ‘discovery’ you could have filed a Motion to Produce and list the items you are requiring to the Plaintiff. With the judgement already in place you would have to file a Motion to Vacate and Dismiss. In that motion you would spell out clearly the reasons in accordance with law, why the judgment should be dismissed. Clearly, you were never properly served and the property was not abandoned and you can prove that with current paid HOA dues and utilities (which I would add to the motion as exhibits and clearly marked (Exhibit A,B,C. etc). As far as I can see CITI did have the right to foreclose if the Assignment of Mortgage was done in 2012 and this lis pendens is dated 2013. What CITI is stating in the lis pendens is that they acquired the note and mortgage from MERS as nominee for Flagstar Bank. If that is what is also the verbiage on the recorded Assignment of Mortgage in 2012 then they have full rights to foreclose. However, when you said Fannie owned your note and mortgage, did they tell you WHEN those rights were transferred to them? If that statement is true, then you actually have 2 mortgagees that can claim the same debt. The original note should be filed with the courts directly to the Judge. My biggest concern in your case is that you rec’d a copy of the final judgement via forwarded mail but never rec’d any other communication prior to that point? There would have been notices of trial date, notices of hearing dates, etc. that are required to be mailed either from the courts or from the plaintiff’s attorney. If the judge asks these questions of you, should you be able to get a court hearing on your motion to vacate, then you must be prepared to answer his/her questions. And when you stated ‘forwarded’ mail is that where you changed your forwarding address or was it mail that was mailed to you from another person?
In you Motion to Vacate and Dismiss, you also need to recite the fact that judgement should not have been granted since there are two entities claiming ownership of the note and mortgage, that being CITI and Seterus. You also need to recite that Seterus on behalf of Fannie Mae, is also offering you a modification of the same debt for which a final judgement has been granted by the courts to CITI.
When you are typing up the Motion just list in numerical order the reasons for your request. Add your exhibits to the end but be sure to match them up to your pleading. So if you have anything in writing from Seterus on the modification add it. As far as Fannie, you can check the Fannie Mae site for ownership and print that directly for an exhibit but you really need them to tell you WHEN ownership was transferred.
It’s not that hard to do the motion but you need to be clear and concise and state ALL your reasons, match up your exhibits clearly marked and file.
Suz
November 3, 2014 at 1:36 PM
@BOBBI – Thank YOU! I needed to hear this. It appears I couldn’t reply directly to your last comment on the motion to vacate and dismiss. SO hope you can see this. You are correct. CITI did have right as far as their 6 year late assignment go as to file FC complaint – and currently, the owner of the NOTE being Fannie Mae is listed on their site. As far as “when” Fannie Mae received possession, I would assume is listed in the latest assignment in the county file: having had CITI transfer all rights to them c/o Seterus on June 12th 2014 – over a month before CITI filed the notice of application for FJ on July 11th. As I mention, CITI claims to have NO information throughout any of their departments other than the account was closed on June1. I would really love to put the kibosh on this FJ, but I need to know whether CITI’s attorneys will just amend the FJ to Seterus after a sale? Is that legal? Can they do that? BOBBI – do I have to cite each law pertaining to my claims; request for discovery in the motion? TY so much!
Suz
November 3, 2014 at 1:47 PM
@BOBBI – I forgot to mention that the FJ did come as a copy to me – listing Seterus as the recipient of which I was copied AND it was also forwarded to my current temp address outside of NJ. So the answer is both. None of the other documents seem to have made it to me when I had mail forwarded – but I always managed to receive the utilities bills and other mail including a letter from CITI that told me my new servicer was Seterus as of June 1 and I should make all payments to them.
Also, if the actual original note was filed with the judge, why wasn’t it included in their certifications in the Complaint? Where would I get a hold of that document?
Suz
November 3, 2014 at 5:40 PM
Hi BOBBI – Lots to say to you today. Don’t mean to be so overwhelming. I did find the NOTE in my paper file dated Dec 23, 2004 listing Flagstar as the Lender – nowhere does it mention the “OWNER” of the note, except that there is a form tagline on the bottom of the first page stating “MULTISTATE FIXED RATE NOTE -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT.” Does that mean they are the OWNER? This NOTE is also not signed by anyone, including me – although it indicates in brackets to [Sign Original Only] Shouldn’t have I received the originals or at least copies of the signed and countersigned docs?
I am preparing the timeline as well as a timeline in my county records. Am I to understand correctly that once a mortgage is discharged through a re-finance, there not need be an ‘assignment’ of the mortgage or note by the bank discharging the debt to the new mortgagee? – Only when they, themselves transfer the mortgage? There are many gaps I’ve found that I believe this answer will satisfy. I have also found the pro-se motion to vacate the FJ form online @ http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Certification_in_Support_of_Defendants_Motion_to_Vacate_Judgment.pdf , but it seems like multiple choice without being able to cite explanations. Is this what you feel I should be using at this junction? – also mentioned, was to file as ‘pauper’ so that fees would be stricken or reduced. I know there is a lot here and I so appreciate your patience. Wish we could email.
Went to the site but found it confusing…the “Pledge” needs to be front and center and not located on the MORE tab. Put what we want and what is right on the opening page or at least create/edit the tab to show ‘the pledge’. Just my 2 cents.
Here’s our chance to act as a UNIT! The goal is to have candidates and officials sign a common sense pledge to address foreclosure/mortgage fraud. A Congressman in FL is supportive from a reliable source. 😉 Like the page and add any comments. Email any candidates and encourage them to like the page and/or download the pledge and sign it.
Pledge is under the More tab and under Apps in Welcome.
It may be too late for this election but it could be a start and regardless of who’s elected we can make our voices heard. You can also sign a petition to Obama,Boehner, Pelosi and Reid. Think I forgot about McConnel.
Sounds like the court/judge had wrong info when they issued judgement or maybe that’s what the banks attorneys wAnted the judge to think. I would look at the court file to see what’s in there. Attorneys have easy access to files and can manipulate them to their benefit. My file started out as a paper file but now everything is submitted electronically so there is less manipulation but don’t be fooled by that either. I bet your judge does not know this and to him or her it’s just another closed case. I would definitely contest it. Sounds very fishy.
Don’t get the service r mixed up with the lender. If citi foreclosed and received summary judgement and they can prove that they are the holder of the note at the time foreclosure proceedings started, then once they get a judgement they can do what they want. You only have a certain time period to redeem the property or get judgement vacated. The servicer only collects your payments supposedly. They have no right to foreclose unless they are the holder. This is my understanding. Fannie Mae is the holder or investor but I don’t see how Fannie mae and citi could both be the holder of note. Citi would had to have sold the note to Fannie which obviously means they would own the note at different time periods. I have always believed that Fannie mae is nothing more than a facade for all these big banks to hide behind for all their dirty dealings and numerous screw ups they made
Thank you, Lms52. It appears through an assignment recorded in my public file that Citi assigned the mortgage note to Federal National Mortgage Association c/o Seterus (as servicer) on June 1, 2014. However, Citi sought final judgment on June 16th and was granted on Sept. 23. So Citi claimed to be the holder in the original complaint (Oct 15, 2013) and request to enter default (Feb. 26, 2014) including certifications on February 25, 2014. The question becomes: How can a previous holder of a note receive a final judgment after it was assigned and still be beneficiary of the debt.?
; How could a bank receive final judgment if it no longer holds the note?
BOBBI SWANN
November 1, 2014 at 2:16 PM
@ Suz – the date of possession is based on the date the foreclosure was filed; not the date that the court awarded the final judgement on June 16th. It goes by the date that they first filed for foreclosure. It that date was prior to June 1st 2014 (which according to your post was Oct. 2013) then the award of the final judgement is correct as far as the courts are concerned. How do you figure that Citi is a previous holder when the transfer was done June 1, 2014 well after the final judgement?
hammertime
November 1, 2014 at 4:20 PM
Actually a pretty loaded question. You may want to verify what type of servicer they claim to be. If FannieMae/Selerus only had servicing rights then my understanding is they could be holder of the note w Citi still claiming to be beneficiary. In CA I believe the trustee must be holder of the note when it pursues foreclosure action. Basically a note can be assigned for the purpose of foreclosure from my understanding. The problem is if CIti was assigned the note or did they actually fund loan? That’s where you need to do chain of title and payments, follow the money and check your dates, signatures etc! And read your documents and figure out where your debt lies.
@BOBBI, Lms52 and hammertime~ Thank you so much for your responses. This is where it becomes confusing to me. between Lender/Servicer – I made the mortgage through a voluntary refinance back in 2004 with Flagstar Bank. Within a few months I was then directed to send payments to AM AMRO (no assignment in the record from Flagstar to AMRO) Then in 2005, I was notified to make payments to Citi. So I had been paying Citi from 2005 thru 2011 – During that time there was never an assignment from Flagstar to either UNTIL one was filed on record to Citi in 2012 (~10 months after I stopped paying). How do i know who had title/note vs. servicing through all these transfers without assignment? All assignments on record are “Assignments of Mortgage” and don’t mention the note/deed of trust.
The Chrono – Attorneys for Citi filed a lis pendens on the property on Oct 25, 2013 along with the actual complaint. The request to enter default was filed Feb of 2014. Here’s the kicker – On June 1st – CITI, the ‘assignor’ SOLD, assigned all rights, liens, etc. to Contact Federal National Mortgage Assoc c/o Seterus. Attorney’s for Citi first sought App for Final Judgment on JULY 11th and was granted the Final Judgment as “Plaintiff” on Sept. 23, 2014 – 3 months after this recorded assignment.
BOBBI – I’m not claiming CITI didn’t have possession at the time the complaint was filed – I have no clue who did, even though they claimed to ‘hold’ it at that time. I call them the previous servicer because they assigned the mortgage to FNMA back in June. So, how can they be awarded the debt in final judgment and initiate a writ of execution when they are no longer involved? CITI claims my file was closed on June 1st and has no further record. (they asked me to forward the copy of the final judgment since they had no info)? So my question sort of remains – Can a court grant a judgment to a plaintiff who already sold/transferred his rights away before the judgment? Then how in the world can Seterus now want money from me in a modification?
As it is, I’m filing a motion to vacate the judgment and was curious as to how to word this part about who owns the note, has right to foreclose and who is paid after the mortgage has been sold. You guys have been great, thank you!
hammertime
November 2, 2014 at 1:31 AM
My starting point would be your refi. If there was a payoff they should have delivered the paid note by right. If they can’t prove they paid it then you can challenge the verification of debt. As Garfield says if all the other assignees claim they are holders of note but not holders in due course then there’s probably something wrong. So you probably have broken chain of title. If the assignments claim a different beneficiary or you were told there was an investor involved then you have to make them prove there was a valid transaction. If you requested copies of note there should be an endorsement to FNMA if actually “sold” from what I can see. AMRO is another possibel break. If you have a lawyer hopefully he/she asked these basic questions. If in CA you can raise these issues after sale and if pattern of harm done can be $50,000 in damages. If it’s within a year some lawyers in some states claim you can sue as well. If you paid so much and it seems almost nothing was done along these lines would think there’s some legal malpractice or other damages you could probably claim and try to to get your money back. I would guess that the original Flagstar loan claimed to pay off some loan as in my case but if previous loan and chain of title was corrupted by MERS etc your title could be even more messed up. Similar to my case but anything’s possible and you have to understand the specifics of your case. You may want to sign up on foreclosurehamlet.org to better review or see other similar cases.
@Idynps..hello,to fill in blanks,I was pushed into foreclosure without missing Any principal/interest pymts,lender manipulated default from force placed insurance NEVER needed,summons says I defaulted but my bank account/statements tell a way different story:-) I had a lawyer for 2years that stopped working on our case 6months after retaining him!but continued to bill me,after 3firm changes & busted him flat out losing,we FIRED him:-) & we have continued pro se,to date I have confirmation from chase we indeed had paid,as I’ve claimed since day one,BUT CHASE is continuing foreclosure actions on a default that is/was/always has been paid,,so I filed Motion to dismiss 🙂 Lack of standing with prejudice,on the following grounds..Committing fraud upon the courts by stating they are holder of note,They do not hold tangible note,..Refusing to cooperate with All attempts to stop illegal foreclosure..filing forged/faked documents in court &public record..False reports of default to credit bureaus,When it is the Servicer who altered records to MANUFACTURER the default..Unfair & Unexceptable loan servicing practices and actions..Scrutinizing foreclosure ATTEMPTS under Debt collection laws….
Almost carbon copy of my case…looks like they are going to tighten screws and set sale date. Do you have a case #, state, court where I can look up your case?
Angel
November 7, 2014 at 12:36 PM
@Hammertime:-) 🙂 sorry for delay on response,,but I filed Amended Motion to Dismmiss:-) 🙂 & case no.11-CI-00033.. could you glance over & give ur feedback:-) my court date is fast approaching &I’m not intimidated at all,,should of done this pro se from the start but if you could check it out:-) 🙂 🙂 still praying for peace,resolution to all fighting this un-real evil..CHASE!!!!!!!
Lerner Sampson & Rothfuss ,,,,their crooks,,& thank u for answering me:-)
ohioan
October 30, 2014 at 3:51 PM
Angel,
You are allowed to submit one additional brief if you have something more to say to strengthen your reasons for dismissing the complaint. Other than that at this point the judge will have to make a ruling on the motion for Summary Judgement submitted by Chase – if one was submitted by them, or you just appear for the bench trial on the 14th.
It sounds like you are in Ohio 😉
Angel
October 30, 2014 at 4:18 PM
I’m in Kentucky,so how to word it? Because I DO have confirmation now( after 4yrs) from chase with the assistance of CFPB,I would like to have the judge see this,on top of no deed/note,never filed/recorded in my county,& 100% proof of forged signatures
Yuba award cut. So much for trial by jury. Then again makes sense to some degree but people fighting for years, being thrown out for no reason with obvious “… evidence that the errors made were intentional or made in reckless disregard of causing emotional distress.” seems result could be similar as in Kalicki.
Hammertime, I don’t know if this decision came out of your home state or not, but I would bet that this judge’s campaign funds come from PHH…betcha! The people in that state or county need to get rid of that judge for sure!
hammertime
November 2, 2014 at 1:42 PM
In CA which was a minor miracle but I agree there’s a good target for the pledge!
I’m reviewing possible approaches for us to work together and be independent from any agency, law firm, politician etc and get direct and affordable help.
I still feel the file/sharing site will be a component but got bogged down on my case and didn’t have the full structure set up.
I came across a web site focused on quiet title with very good information especially on MERS by Lance Cassino. We got in touch and we had a very good conversation and found we have a lot of parallels as with David Black.
Turns out he is moving forward on a membership site that I am supporting to hopefully get off the ground and that we can be a part of. It can also be a model for other components of the direct homeowner approach I envision.
You can also contact me here http://bit.ly/Si8EL5 if interested in file/information sharing or want to review how we can work with Lance or independently or some combination.
My home in Florida was recently foreclosed and sold. (Purchased back by the bank). My loan is a classic 2005 Fremont mortgage. 100% predatory and sold to countrywide only weeks after closing.
Turns out, the mortgage has the wrong legal description. Not the same as the title / deed at the courthouse. This was only caught when they tried to get title. My attorney argued and got the judgment thrown out, and sale vacated.
Problem now is how do we proceed? I suggested we move for a dismissal. They suggest we wait it out and see what their next move would be considering they have to find someone from Fremont to testify to their intentions when the mortgage was created. Which they think will be almost impossible.
However, after what I have seen them do with the fake assignment of mortgages, I don’t put anything pass the banks. My attorneys are great criminal trial lawyers, but I think we need some help or suggestions on how to win this foreclosure case.
Instead of simply reacting to their moves what can we do? Now Nation star has hired Ackerman law firm and we have a notice to appear. Should we move for a dismissal or should we wait it out? What other options should we consider. Should we move back into our home since the sale was vacated?
Although they have defended many cases, our attorneys know foreclosures are not their main practice, so they are very open to any legal suggestions.
Move back into your house!!!! Do not wait for the lying lasers to make their move? File for dismissal with prejudice and move on with your life!!!!
Angel
October 30, 2014 at 2:40 PM
Hi,I’ve done just that,but received Oct,17 from chases lawyer a motion to strike my motion to dismiss,,,I’m acting pro she’ & my question is,do I reply to this? Or do I wait for my court date 11-14-2014?
I agree move back in as possession is what 90% of the law as they say!
In CA they would have to start process over again with Notice of Default I believe. Would be interesting to see what your lawyers would say for quiet title action.
In the state of Florida (and I’m not sure if that follows with every state) but the mortgage is filed according to the LEGAL description, not an address. That is simply because addresses can change through city or municipality or even the postal service, but a legal description CANNOTbe changed without authority of the owner of record. If they filed the mortgage with the incorrect legal description then they have foreclosed on the WRONG property. What they have is legally an ‘unsecured’ note…period. Oh, yes, they could sue you in court for a judgement, but you could easily wipe that out with bankruptcy if you filed before they initiated any action. File for dismissal and retake your property.
Tonyp
October 25, 2014 at 7:28 PM
Thanks guys. You are correct, the legal description is wrong on the mortgage. It says 50f…..instead of 50 of. They tried to argue scribblers error, but since it was on the mortgage and not just in the judgement paperwork the judge didn’t buy it and vacated the judgment and sale. The Original firm hired by the bank is no longer representing them. We got a new servicer (Nationstar) during trial, and now a new law firm just took over to represent this servicer.
My lawyer says they have the legal right to TRY to “reform” the mortgage with the correct description? Is this true? But he thinks it will be difficult because they will need an official from Fremont (they were shut down in 07 by the SEC) to testify as to their intent when they created the mortgage. Who knows what they will come up with?
If they had done a proper VOD wouldn’t that have caught this? My VOD was a robo-signer for B of A. Also, how can they have lien on my home and the one described in the legal description. I think they knew the description was bad. This is why they refused our request for modification for over 4 years. Fremont was cited for selling bad loans.
Wife is reluctant to move back in, because of all the stress of having to move out before. She’s afraid, we may lose and have to move out again? Not to mention we have young kids. Personally, I’m all for moving back in, but don’t want to put her and kids through that again, it was pretty rough having to pack up and leave.
The judges and banks are all working together, so even when the facts are on your side, they will still screw you. I think I will just take possession, close all the blinds and lock the place up. Or let my friends move in until i know for sure. Oh, they have also changed the locks.
Thanks Bobbi, I just spent all weekend researching the Florida reformation statute.
It appears that the reformation rules require that any reformation complaint must be filed within 5 years of the document’s creation. Simply put, “The statute of limitations” for reformation in my case passed over 5 years ago. So legally, they can’t reform the mortgage to change the legal description.
If I’m correct, shouldn’t this have been known by someone besides me? Just asking ? Seems strange? Such an important factor, If anyone know a good Florida Foreclosure attorney that can look at this for me, please pass their contact info.
Thanks guys
BOBBI SWANN
October 30, 2014 at 5:27 PM
@ Tony – Evan Rosen is the best one that I know of for a good defense attorney. He’s in the southern part of Florida. Don’t know exactly where your property is located but he advertises on this site as well. If not in your area you may just get a referral from him if he’s out of the area for you.
Tony, get your ass (and your family) back in that house! You are ultimately responsible for it until SOMEBODY takes ownership. YOU ARE THE OWNER. get back there and protect your home.
TonyP
October 30, 2014 at 12:23 AM
You are correct. But the mortgage/ management company they hired to oversee the property (the one that gave us the demand letter to vacate or be evicted ) changed the locks. I check the county records and property has been put back in my name, but I can’t take possession. I guess I could pay a locksmith to change the locks back. They also damaged the exterior lights on the home. SMH
Tony – Ever hear of a bolt cutter????? You can even use a Dremmel to cut off a door lock. Get the H*** back in your property and take back what is legally yours in the first place! You said your wife is afraid and will have to move again? Our men and women die almost daily fighting to keep the freedoms that we have alive and well. They do this with great bravery and determination. Don’t you think those that they are fighting for should do the same when we are presented with an enemy hell bent on destroying us? Where’s the same bravery here?
@ Angel – what was the reason that the lender’s attorney used for dismissing your motion to dismiss? You can can file an answer to his specific reasons, if any were given but you will need to recite rules of procedure or law to back up whatever claims you make.
ATTENTION VOTERS………….As I sit in California marking my ballot here because my home in Seminole, Florida was stolen by an unknown bank and allowed by an unjust JUDGE in Pinellas Circuit Court, I realized if I was voting in Florida, I could vote against her. I am posting this message to ALL who are on this site and remind you to VOTE each and every Judge out of office that have been on the bench for the past 6 years! Get rid of each and everyone one of them for allowing forged and fraudulent documents to be used in order to give away our homes!! TAKE A STAND and get these illegal Judges out of office……………………
this site helped me win my FC now I am trying to hang the plaintiffs lawyers, firm of Shapiro Fishman and Gache in Tampa, the witness for the bank was Moises Margulis, when I researched him I only found a attorney in south FL, I think that was him, older man, glasses, heavily accented English, salt pepper hair, overweight. I am looking for any information to use against them. I am asking for anything, anyone knows, I found his name on the robo signers list while researching for someone else. If I find more fraud where should I take it? Fla Bar? AG?
I have been sitting in other trials to learn if we want to keep our judges, Our here in Volusia county have been fair and honest.
thanks to all
Keep up the good fight
Karen? Your comment is rather interesting as you say you have been sitting in Florida Courtrooms to “learn if we want to keep our judges”??? For the hundreds of thousands of fraudulent foreclosures going on in Florida, most judges DO NOT ALLOW “people” to sit in their Courtrooms to watch their illegal rulings as well as not providing Court Reporters for the same reasons….You further post that in Volusia County, there is some type of unknown “fair and honest” judges? This is news to most people fighting to save their homes on this site so, I find your post very untrue. Further, you are asking what to do with a robo signer and who should you direct your complaint to? Karen, the facts are that No Agency Is Doing ANYTHING about the robo signing nor the fraud and if you really were sitting in Courtrooms, you would know that??? I question your intent??
Hi ALL – I just spoke with my new loan servicer (Seterus) and they have absolutely no record, nor knowledge of this FINAL JUDGMENT. They highly recommended I call CitiMortgage to find out why I received the letter while they are willing to work out something with me. I called CitiMortgage and they have no record of the FINAL JUDGMENT, asked me if I had another account with them, (I don’t) and claimed the account was CLOSED as of June 1st 2014-transfered to another lender. The agent assisting me said she exhausted all departments in search of info and found none and asked that I provide them a copy of the final judgment letter from their own attorneys to their research department! This order was finalized on Sept 23, 2014 As it stands by order of the judge, Citimortgage is to recoup the total monies and interest from a sheriff sale, yet Seterus wants to work out a payment modification with me! This is insanity! What to do next? Do I write the judge? Might anyone know anyone who specializes in this type of litigation or resources whereby they are aware of such practices? I cannot find anything specific as to a next step in this case. The nightmares all are suffering and those who have suffered is despicable.
why don’t you get yer butt down to the courthouse and get a copy of the judgment?
Suz
October 22, 2014 at 1:39 PM
Thank you, usedkarguy – I have been sent a “copy: of the judgment and am currently out of state across the country. I’m seeking to file a motion/injunction – just trying to figure out which motion I need to file at this stage.
I’m still trying to find an answer on whether the lender (Citi) can actually seek Final Judgment and be granted it AFTER it was assigned to another servicer (Seterus) Seterus (on behalf of Fannie Mae – who claims to own the note) is offering a modification, while Citi was already granted final judgment since they claimed they are the ‘holder’ of the note when the complaint was filed. (?) – I thought the note must follow the loan through a mortgage assignment. After to speaking with a NJ paralegal, she told me this happens all the time. it’s like I take someone to court and receive a judgment for an injury I sustained and amend the judgment to name a different beneficiary who was in the same accident – this is not making sense to me. What’s coming next? – Is it really that simple and legal for Citi’s attorney to now amend the final judgment to another beneficiary once a sheriff’s sale is complete? If anyone has info/not resources on this particular subject, I’d so appreciate it. I’m wanting to file a motion to vacate the judgment and would need to know if this is worth mentioning. Thank you ALL!
BOBBI SWANN
November 1, 2014 at 1:33 PM
Suz – as LMS52 stated, don’t confuse the servicer with the lender. Servicing of a mortgage can be sold and does not require a sale of the note or mortgage. The lender simply sells the ‘servicing rights’. In your case if Fannie is stating that they own the note then the loan (meaning both the note and mortgage) were bundled and sold in a trust. They are merely an ‘investor’. Citi used MERS to assign all of their loans when they were bundled and sold on the secondary market which means that your note and mortgage must be listed somewhere with the SEC (security exchange commission). I have always contended that a an originating lender cannot foreclose on a securitized mortgage since there are multiple owners (investors). At the time of the sale the originating lender (in your case Citi) would have had to assign it to the Trust thereby giving up all rights of ownership. The Trust has a Trustee for the investors and that would be the legal owner. And I still contend that even a Trustee under the Trust that holds the note and mortgage cannot foreclose because of the fact that the securitization of a note and mortgae alters the validity according to UCC. Most judges, however, will just ignore most governing laws of the UCC (Uniform Commercial Code). If you want to be able to vacate the judgement you would probably need to prove the ‘true’ ownership of the note and mortgage being held by Fannie and file as to “no standing to foreclose.” Good Luck!
Not sure if I’m on a particular thread in this forum, but am grateful for all the research and discussion. I do have a question – perhaps one or some of you here have experienced this: Citimortgage filed a lis pendens back in October of last year 2013)- had since received umteen loan modification applications from 3 different lenders as I had no idea who owned the note. (Each claimed they did when I inquired) In any event, I did not go through the LM process after hearing the nightmares people were put through being forced into foreclosure; besides not having a steady income to commit. On June 16th of this year, CitiMortgage assigned the mtg to Seretus. (Seretus) claimed they sent me a welcome packet…etc, which I hadn’t received – I told them the home was on the market and that Citi had a lis pendens filed. They claimed they knew nothing about that and wanted to offer me a ‘guaranteed’ loan modification – This was only expressed in a phone conversation whereby the agent verbally expressed only the amounts and dates, but I recceived no application paperwork – they claimed the owner fo the note was Fanny Mae – the agent said he would get back to me regarding the ‘is pendens’ info as well as a pay-off statement as I had a potential buyer. In the meantime, I decided to call Citi’s attorney who filed the lis pendens and request they remove it as it was hurting my opportunity to sell. The attorney said the lis pendens “follows” and Seretus now became their client – (is that true?) I never did hear back from Seretus, not did I receive ANY paperwork, requested or otherwise from them. WHAT I DID JUST RECEIVE through ‘regularly forwarded mail’ was a COPY of the FINAL JUDGEMENT granted to CITI on Sept 23, 2014, directing the Sherrif to sell. QUESTION! Can a bank seek and be GRANTED final judgement for foreclosure AFTER having already assigned the mortgage to another bank???? I was never served via mail or in person and there is no publication through which I was provided an opportunity to answer in defense of foreclousre. I have searched this site and the internet on whether I still have a right to respond, but cannot find any concrete suggestions/ways or means. Seeking an attorney is of no real option for me as I’m now working a minimum wage job. Any help would be greatly appreciated. Thank you for ALL of you who take the time to care and respond to one another.
If in CA and not in bk you definitely should have a boatload of options. All sounds pretty flimsy bordering on unbelievable like a couple of other recent posts but then 2/3 of foreclsoures are from ’08 and before so anything’s possible. On right track to contest foreclosure seems like quiet title would bring them all out of the woodwork. If they’re involved with settlements use their language and make complaint to CFPB, but make complaint anyway and request they stop sale.
Suz – you did not state what state you are in as the foreclosure laws are different for every state mostly. If you are in Florida you do have options especially if you were never ‘served’ the lis pendens. There’s also a line of proper paperwork that has to be filed by a plaintiff here in Florida. Outside of Florida, unfortunately, I am not much help but there are several if not all of the united states represented in this site.
Suz
October 20, 2014 at 8:53 PM
Thank you hammertime and Bobbi – the property is in NK (judicial state) I was never served anything – I found the lis pendens in my county record file.
Being that it has been a year and if there has been no appearance in a courtroom from any representative on your behalf, a court judge would maybe think the home was abandoned and they would grant a judgement in favor of the bank. I really don’t see how this could happen. I would go to your local court and file a motion to be heard and BE HEARD. Sounds like more typical underhanded banking which to the big banks are just the “normal” procedure these days. Does not sound right but I’m sorry to say if you were not paying or making an effort to pay, it just makes it easier for the bank to take the property. Good Luck!
Suz
October 20, 2014 at 8:57 PM
Sorry ALL – that is New Jersey. Thank you LMS, but I am in Colorado right now on temp work and cannot fly home – All mail has been forwarding but all I received in the last 2 months was an escrow notice from Seterus and this Final Judgement. I wasn’t aware I could appeal a final judgement~ (?)
This could apply to the 2nd lien issues we’ve been hearing:
Lenders Appeal Court Decision Allowing HOAs to Extinguish Mortgages
Author: Brian Honea October 15, 2014 0
HOAs to Extinguish Mortgages
“Several mortgage lenders have asked the Nevada Supreme Court to reverse a decision it made in September that a homeowners association’s (HOA) super priority lien can extinguish a first deed of trust nonjudicially on a residential property.
Last month’s ruling, which was issued by only a 4-3 majority, has only caused more debate in Nevada between mortgage lenders and housing investors over whether or not HOAs should have the right to extinguish a lender’s mortgage on a foreclosed property without going through the courts.
The ruling allows HOAs to legally foreclose on a property that is delinquent on dues payments and auction off the title to the property without the involvement of the lender or courts. The sale of the title by the HOA extinguishes the first mortgage, an action that the lenders argue is not in the best interest of either homeowners and lenders. Lenders contend that HOAs should have to go through courts when initiating a foreclosure on a residential property and they should not have the power to extinguish mortgages nonjudicially.
Lenders view last month’s court decision in Nevada as an industry-wide concern that could spell disaster for the mortgage industry as a whole, especially if it sets a precedent for other states.”
If we don’t let OUR reps know about OUR disaster we’ll keep being treated like 2nd class citizens! All it takes is 15 minutes to email, fax don’t even have to spend on a stamp! Even if you hate YOUR government!
hello all
copy of my post on facebook to gary sinise foundation and to Bernie sanders chairman of senate veterans affairs committee.
Posts To Page
David F Black
Today at 12:54pm.
hello Mr Gary Sinise Foundation as you know already homelessness among veterans and disabled veterans is a national problem. I am writing you as a 100 percent disabled veteran who is fighting to save my home from foreclosure. It seems under threat of foreclosure I am being asked to pay my mortgage payments two and three times from my disability pension for the same month and year. In my case I am not in foreclosure not in bankruptcy nor m odification and this is happening to many veterans allegedly like me. I am asking you to speak out about disabled veterans being denied modifications while their mortgaqe payments like mine disappear and then the servicer demands even more money. In my case, I am being demanded to pay on a mortgage that I didn’t even apply for. It was created without my permission or application. this is happening all over the country. in my situation the servicer has been fined $ 120 million dollars by us doj for targeting veterans for this kind of fraud and alleged extortion but yet they just keep on committing these crimes. We need your help. I and my family have served in the military since 1927 and when civilian federal service is added to that it comes to almost 200 years of service by one family to these united states I have filed over 50 complaints about this to the u.s. consumer financial protection burean and ellen warren senator on u.s. banking committee and patty murray my senator from Washington on senate veterans affairs committee and Bernie sanders chairman of that committee. to no avail. please help us by speaking out about this national problem. I do not have a VA mortgage loan although I am eligible for one.
Thank you, I will research the detail of the process we followed. Hating to sound so ignorant but it happened so quickly during a period I was extremely ill, recovering from a surgery that had gone bad.
We had a modification, we thought, in place with our first chase bank which at the time the 2nd was waiting to come through, he thought chase would never produce one. we had a plan with the 2nd if chase does not produce the modification after all the trial period payments and waiting, we would then sell the property together. Chase finally came through we showed the 2nd lien holder our signed notarized modification, he eventually produced a modification as well, we signed notarized the 2nd lien holders mod and sent it back. our 1st payment due 5/1/2010 he foreclosed on 5/8/2010. Additionally, we paid this man in February and March 2010 then showed him our mod with chase. He kept the home for 2 years before notifying chase although kept the hoa current.
Me again in San Diego California scheduled for my hearing in civil court for a trial that is scheduled in the month November we really need some assistance locating an attorney we have exhausted the private sector and phoned every help line available for legal services with no service available to us. This has been a horrible dusty trail for the past four years we have been so disappointed in judicial system. We have our tentative ruling, but no attorney, since running out of money, to date this has cost us to fight for our rights 51,000 in legal fees now no home and no retirement, is this for real?
The Lawyer Referral and Information Service of the San Diego County Bar Association connects you with qualified, prescreened lawyers in San Diego who can provide up to 30 minutes of free consultation.
Call us at (619) 231-8585
Chat online with our experts
Submit an online referral form
I would try for continuance and then regroup for trial
Another one where the 2nd lien holder foreclosed without the first made aware. I would let the first and second battle it out because the second acted as in the first position when they are not and is fraudulent selling the property in your name after they foreclosed on u supposedly. Keep your paperwork of the timeline. Forget attorneys. Just take a court reporter to your hearings and take it to the higher court if necessary. But sounds like deceit and fraud on the second. Sock it to them good!
This may seem un related but reflects the in competence in WA to deal with problems affecting us as with banks controlling Congress and being denied funds meant for us and our communities.
Guess Who’s Holding Up Ebola Aid?
Zoë Carpenter on October 9, 2014 – 2:14 PM ET
“A Republican senator is urging his colleagues to hold up the $1 billion the White House has requested to combat the Ebola virus in part because the plan “focuses on Africa.”
“I ask you to oppose fully allowing the additional $1 billion in reprogramming requests until previously requested additional information is available for members of Congress to be fully briefed,” Louisiana Senator David Vitter wrote in a letter to members of the Senate Appropriations and Armed Services committees. The $1 billion that the administration has requested would be redirected from funds from the war operations budget to pay for the construction of medical facilities, supply distribution, medical training and for military and civilian personnel. Most of the money has been held up for nearly a month, as Republicans on key committees demand more details from the administration.
We have depleted our retirement money retaining two attorney’s in San Diego California. Our first was disbarred neglecting several clients and most recently our attorney filed with court requesting early removal from out current case, just after our most recent tentative ruling from the judge:
a. Illegal foreclosure
b. breach of contract
c: fraud
d: our trial hearing is mid November 2014
e: readiness trial October 31, 2014
This was the second lien holder and a trust that foreclosed on us, evicting us from our home of 20years, rent scamming the property for two years before notifying the 1st and arranging a cash sale negotiating in our names. Leaving the property on our credit report allowing us to never move forward. If it wasn’t for us submitting US postal change of address on our old home several times we would never had known of the transaction of the sale of the property in our name! We need help we are fighters not just for us, but for all future home buyers. We hope to contribute some change in this crazy American scam that has hurt so many people….
I’ve been in touch with folks on here and an approach may be shaping up. If you’d like to get in contact you can email me at following signup form. I’m in Los Angeles area and have been fighting since ’08.
Thanks so much for responding to me! Sadly, does not look good right now with our lawsuit. Our current attorney has done everything attempting to sabotage to what is left of our complaint i.e.; filing late papers, submitting docs with many typos, and date reference errors, lastly yelling at me in front of the courthouse telling me my integrity is off the table.
I have cried so much, my husband fed up now, wants to drop our lawsuit and file bankruptcy, I told him I am not willing to eat Crow just quite yet! To date we spent with this attorney 18,000 and most recently invoiced for 20,000. Our first attorney we gave 17,000 retainer.
The fact that our home sold as a short sale Jan. 2013 and not as a foreclosure that we had thought and claimed on our 2010 taxes, somehow generated an IRS audit causing my husband payroll checks garnished, taking us over two years to figure out what happened? Prior to that, we planned to chalk this up as lesson learned, move forward but as we continued to sink we needed legal advice. So here, we sit, no money left and the trial hearing in five weeks. Looking forward to hearing back
Lisa – if you had a short sale on the house you would have had to sign a purchase contract, either attend a closing or at least sign over the deed to the buyers. In a foreclosure you are sued in a court, the plaintiff obtains a summary judgment and you doing nothing but walking away, signing nothing and never signing a deed. Once the foreclosure sheriff’s sale is consummated a Certificate of Title is issued instead of a Deed.
Putting your property into a trust is a popular way to insulate it from grabby lawyers. I’ve noticed it most recently by PHH mortgage in their most recent 10Q putting large chunks of their securitized holdings (your house and mine) into trusts, just in case they decide to file for bankruptcy and keep the assets of indeterminate value out of the trustee’s hands. it also has the advantage of making the company harder to value in case blackrock or some other sleazier-investor-than-thee-or-me decides to try a hostile takeover at 0.03/dollar. Sounds like a good strategy, if your desire is to keep the property.
MBA Pushes for Reg Changes as Lobbying Soars
by KATE BERRY
The Mortgage Bankers Association continues to push back against regulations stemming from the financial crisis, as the industry’s biggest lobbying group continues pushing for regulatory relief to bolster the housing market — and boost profits for its members.
That does not sound right since the first mortgage has priority over the second. I would first contact first mortgage that you are current on and let them know. Sounds like the second lie holder is another legal thug trying to steal your property. Really not surprised. Maybe the mortgage in first position can stop it or else get a lawyer. Does not sound right at all.
My 2nd foreclosed on my property in July. They are a private investor. My 1st was current. The property never sold at the trustee sale so now the 2nd is evicting us. They have never paid the 1st off. They are planning on using my 2% interest rate on the 1st to keep until the property value increases. Can they not pay off my first? Is there anything I can do to keep theproperty. My first (Ocwen) states that we are atil lthe owners of the property and are responsible for the mortgage. Anything I can do?
Thanks for the reply…… We did retain an attorney and had representation at the eviction hearing. Ocwen says there is nothing they can or want to do to help. They are also not asking the 2nd to pay the balance in full. The 2nd can still continue to make the payments set with the modification at 2% interest until they sell the property. I am still in the property and for some reason the 2nd has not asked the sheriff to come lock us out. court was Oct 8, 2014. Dont think my attorney was much help. He had a 3 sentence response to the unlawful detainer that basically said it should be dismissed because we are current on our first????
“Yuba jury awards homeowner $16 million in mortgage case
By Dale Kasler dkasler@sacbee.com
Published: Friday, Jul. 18, 2014 – 2:43 pm
It started out as a simple loan modification for a troubled homeowner. It turned into a $16.2 million jury verdict against a nationwide loan-servicing company.
A Yuba Superior Court jury this week awarded $16.2 million in damages to a homeowner who nearly lost his home to foreclosure after the loan servicer botched his mortgage modification, the homeowner’s lawyers said Friday.”
Karen….if you google John Kennerty deposition where he clearly admits he is employed by Wells Fargo and not MERS resulting in any Assignment that he signed as null and void. Just Google it…print all his deposition and file a motion to dismiss with prejudice. ..just my suggestion..
Good to hear hammertime. Not quite sure what your dilemma is with city but best to get it resolved ASAP and say goodbye to attny. They like to win but they can drag things out that are more easily resolved without them.
Thanks lms, David. I don’t understand it and don’t think even the court understood it. What I did see was the bias towards homeowners and in a weird twist towards landlords. Definitely working towards resolving, not a slumlord, but City, other officials will not acknowledge harm done by unlawfuf foreclosure. Lawyer was not jaded and just dealt with the facts which is what has been missing but looks like is changing. It seems we need to educate lawyers when they’re open but some have the same bias and presumptions which is where I agree and would rather stay out of court until this temporary insanity is over.
I am looking for assignment with C Fetner signature on it, for trail. the date is supposed to be 5/21/93 day of closing, but is on the allonge filed with the complaint. Wells Fargo is the plaintiff, the other signatures are John Kertney I have some assignments from this person with other banks, one is dated the next day, he was then working for mers with a different bank. I believe the assignments were created in june of 2006 by Douglas C Zahm Law firm in Clearwater, Fl. later additional assignments were crated by Nationwide title clearing in palm harbor Fl.
it is John Kennerty sorry spelled wrong also C. Fetner
karen
September 30, 2014 at 6:51 PM
as in “Geline v. Northwest Trustee Services” deposition of Kennerty .
is this in Florida, do you have a county or case # or Name??
I am in Volusia County
Concerned
September 30, 2014 at 7:25 PM
Karen, I found a couple of sites with docs signed by either a C. Fetner or a Catherine C. Fetner. One was for for EMC Mortgage on Dec 5, 2010.
On “http://pippinghole.blogspot.com”, I found a comment as follows: “EMC Mortgage Corporation-Catherine C. Fetner Sr. Vice President, Marileen D Bradley, Donna Graves and M. Mojar sign as Vice President. These woman work for Hanover Capital Partners located in New Jersey. These woman are also notaries in New Jersey, they are also notarizing the assignments for each other.”
On “http://www.foreclosurehamlet.org/profiles/blogs/here-is-the-motion-to-strike”, her signature was called into question by the court.
I also found the following document posted with C.Fetner signing for WAMU on 4/16/2003: “http://deeds.desotocountyms.gov/T/T01713-00242.pdf” The signature is simply 2 letters.
And on “www.zoominfo.com/p/Cathy-Fetner/218189022”, she is shown as signing for a few more companies.
karen
September 30, 2014 at 7:40 PM
thank you so much everyone got to get looking into it, have meeting with attorney in am he seems to listen and has been getting cases dismissed.I have been folling blogs for a long time we won in june, helping others
Foreclosure/Standing: plaintiff failed to demonstrate it had standing at lawsuit’s commencement and, further, assigned note after lawsuit but never received assignment of note back – Pennington v. Ocwen Loan Servicing, LLC, No. 1D13-3072 (Fla. 1st DCA Sept. 16, 2014) (reversed and remanded for further proceedings).
Foreclosure/Contractor’s Lien: reversing final judgment of foreclosure in favor of entity that purchased loans because fact issue remained regarding whether entity created investors that controlled developers for improper purpose of extinguishing contractor’s liens – CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, No. 3D13-603 (Fla. 3d DCA Sept. 17, 2014) (reversing summary judgment and remanding for further proceedings).
Foreclosure/Striking Pleadings: affirming striking of pro se defendant’s pleadings for willful and deliberate failure to comply with multiple orders – Ledo v. Seavie Resources, LLC, No. 3D14-21 (Fla. 3d DCA Sept. 17, 2014).
Quiet Title/Amendment of Pleadings: property owners should have been permitted leave to amend before dismissal of their quiet title claim with prejudice – Ledo Unrue v. Wells Fargo Bank, N.A., No. 5D13-3443 (Fla. 5th DCA Sept. 19, 2014).
STOP THE EVASION!
“Virginia drops JPMorgan from mortgage securities fraud lawsuit
By Danielle Douglas-Gabriel September 22
Virginia Attorney General Mark R. Herring (D) on Monday dropped JPMorgan Chase from a mortgage securities lawsuit against the country’s biggest banks, after learning that his predecessor Ken Cuccinelli (R) had already struck a confidential settlement with the bank.
The decision comes a week after Herring announced a $1.15 billion lawsuit against 13 of the country’s biggest banks for misleading a state retirement fund about the quality of bonds made up of residential mortgages. JPMorgan and its Washington Mutual subsidiary were named in the suit, along with Citigroup and Bank of America, for packaging faulty home loans into securities sold to the Virginia Retirement System (VRS).”
“According to Herring’s office, the pension fund failed to inform the attorney general that the previous administration had reached a $3 million settlement with JPMorgan in 2013. Terms of that agreement are confidential, according to attorney general spokesman Michael Kelly, who declined to provide details of the settlement. He said that the agreement “precludes further action at this time.”” http://piggybankblog.com/2014/09/23/virginia-drops-jpmorgan-from-mortgage-securities-fraud-lawsuit/
Wish me luck I don’t end up in LA Jail orange on Friday! Hopefully long shot.
Tried to get advice from Neil Garfield, Charles Koppa, and LA area “angry at banks” lawyer Stephen Golden but so far no go.
Lawyer is filing motion for continuance as we speak…Got much more to say on this matter
Good luck hammertime. We r with u None of these lies and deceit that the banks have pulled on us is worth jailte for us. They are the ones that should be fearing jail time
david franklin
September 26, 2014 at 1:16 PM
hello Lisa i sent you email and pics of black lab
I never received a reply hope u r well
Bobbi, I see youre online. I just found out that the magistrate for my trial Lisa Dolin Eiss is an ex employee of chase who is my bank. No Impartiality here! Are you kidding me. How can I object on these grounds. This is unbelievable.
no no that is f****** unbelievable. If I were you I would file a motion to disqualify them the magistr.atefor obvious reasons
Trevor Hitchin
September 14, 2014 at 4:41 PM
Can you verify if Lisa is also a shareholder…option holder..?
Unbelievable. File a Formal Justice Complaint…send it to everyone.
Moan -a- Lisa…… uggggh. Shame on you sister for removing yourself from the case….it’s called ‘conflict of interest’…
Thks all I need one for broward county. Elyse I will try and contact yours in pineal las. This whole thing stinks. Why is the bank telling the CFPB. That my trial date is to discuss the chase settlement only. But no one can confirm it and I get set up and go to the trial thinking we are going to negotiate and the judge thinks otherwise. I will show the banks response from the cfpb complaint. I am supposed to be on hold according to the terms of the settlement, but all the trial paperwork smells of another foreclosure off the docket! Why would I trust anything after what chase has done to us all. More trickery, no doubt!
I will keep all posted. Not quite sure at this point. There is a motion on the 16th to strike the trial on the 18 and now in my complaint to the CFPB chase replied that the trial date on the 18th is to Solely discuss the Chase class action that I am a part of but it looks like a trick to me. I would agree to go and then they have me and they slam the foreclosure. It is scheduled to be in front of a magistrate but all the paperwork wreaks of a regular foreclosure to me. I know I need a court reporter and I have made it very clear to my attny. I will not proceed to any closed door in that corrupt courthouse without one. I feel like a she role being led to the slaughter
The court can not deny you your right to have your
Own court reporter in the court room doing their job
The judge in key west tried to get me to send the reporter
Home but I said no.
He was pissed
Regards
David
It’s not about the Judge denying his right to have a court reporter, it’s about “finding one”!!!! Most in Florida are contracted with the BANKS LAW FIRMS so that avenue is difficult to work through…I had no idea how important this was until someone wrote it on this post… so I have been preaching it ever since. Do Not Wait To See If Your Attorney Hired Someone….demand it and secure your own, just in case! You can’t depend that your attorney cares as much as you do!! Just sayin! CYA
Agrees with Elise
However I just looked in the phone book and asked my attorney for a name and phone number for a court reporter and had no problem in key west fl finding one
Regards
David
CYA
These judges know all the illegal stuff these banks are pulling in the courtroom and I’m sure for a honest judge who believes in “Justice for All” it is really tough but I am also sure his strings are being tugged to get these foreclosure off the dockets one way or the other. Florida has remained the leader in foreclosure so for a while now and that does not look good for “the Sunshine State”. Also the REITs are investing big time here and review “housing wire” today. It is talking about securitization of single family rental properties and mentions the big players. Very much alive and growing in south florida so to me that says a lot about what is going on in the courtrooms in south florida. I am witnessing it with what I have gone thru with my house. The bank has bullied me by trying to claim all this money I owe to bully me out of our home. My son had to run another investor off. I really would like to know where they are getting their information
Law us about economics the banks per Florida law are
Paying the judges to foreclose thru fees assessed to the
Foreclosing party. And the fl supreme court is ordering
The judges to foreclose on everybody and collect the money
The concept here is that economics rule Florida courts ie
Bank money
The economics are against the homeowner
The judges want the bank money
No foreclosures no bank money
Not until the homeowners sue in federal court for their
Rights under the constitution and fed court upholds them
And fed court shuts down Florida. Kangaroo court railroad
Justice system the abuse is going to continue
I do not know of any homeowner who has sued the state of Florida
In federal court.
I sued the state if Florida in fed court I Miami as a
Disable veteran for vilationg my constitutional rights and
Took a court reporter to court
That changed everything in my favor I serve the Atty general of
Florida in Tallahassee
Hey don’t feel bad chase just notified me yesterday that I now
Two different mortgages in two different mortgage trusts
On my house with same trustee wells fargo for
A loan I didn’t apply for while chase has demanded multiple
Times I pay double or triple payments for same month and year
Under threat of foreclosure
Regards
David black
And the ag here in wash state and the uacfpb are just
Looking the other and throwing my and your complaints
In the trash and signalling these banks it is OK to do their
Shit and defraud us all and get away with it with no
Criminal penalty
That shows you what criminal bribery of our political
System can do
So, we are all very interested in what happened in court…Did you get a court reporter?? Was there a witness for the bank to testify about your payment history? If so, was the witness employed by the bank named as the Plaintiff in your matter? How long was your Trial? When the banks attorney lied, did you verbally object? Did the banks attorney file exhibits to the judge to enter right then and did you object to them if you never saw them? Did the banks attorney enter an ALLONG TO NOTE as evidence? What was the outcome??? We, who have been through this, know how uncomfortable being in a courtroom is, especially because of all the statements on this blog stating the Judges are turning a blind eye to the fraud…I’m sure I speak for many by asking you to please fill us in on what happened and what was your outcome….your experience will help those behind you!! We await and sure appreciate your effort with this fight for our rights!! It’s all our nightmare!!!!
“The courts have turned the corner. Decisions like this are coming out across the country from the trial and appellate benches as Judges and Justices are expressing their frustration and anger over the false submissions by banks pursuing foreclosures. Here the court had the option of remanding for further proceeding, allowing the Plaintiff in foreclosure to refile its claim. But instead, the Appellate court decided that the Defendant Borrowers should simply win the case.”
So sorry for my delay on outcome,ISNT one yet,chase ”third ammended complaint”added Fannie Mae as a Defendant also? My thoughts on that is because I PROVED county land records shows Fannie Mae as ”owner”we bought this property from F.Mae,2008.chase has paid our property taxes from our escrow,but as Fannie Mae…its fraud,on us,fraud for using a corporations name,actively,Knowingly doing so,HIDING behind FannieMae’s name because chase DID NOT FOLLOW MORTGAGE RULES,RECORDINGS OF MORTGAGES/ASSIGNMENTS. So its post/phoned til Nov 14…..I’ve been in total research mode,I WILL be ready the 14th:-)
@ Hammertime – I read the article that you posted the link on the courts in Broward County. I can’t see where there’s any light at all coming with the special courts set up by the State to get rid of the backlog and where under rules that differ from those that guide civil law in other types of cases in Florida and across the country. How in the world can this be seen as positive?
The light would be that of the media covering the charade and that a judge was voted out. Judge part may not be there and lo and behold borrower wins in FL! The truth is the light. Come to the light! 😉
It reached out to him several times, but did not hear back. Probably he agreed to a hush clause somewhere in his case. Broward cty is very sneaky and dirty.
Do Not Have A Trial without A Court Reporter!! I can’t stress this enough because, should you loose, you will need the Trial transcript in order to Appeal…if you don’t, then whatever happens in the Trial will just be it!!
The Judge will make some introductions..for the record.
Each party will be given a chance to present the merits of your position…fear not…speak clearly…state the Truth…remind the Judge about the 13 banks nailed by the Department of Comotroller…the robo signing…the 43x loan amount incentive to steal…
I would not want to be the other atty…he/she knows there is a light at the end of the tunnel…and its getting brighter…and it aint daylight…you’re gonna win…then y’re gonna tell us all about it….
I see the future…and it is bright. I picked up my audio transcripts from when Judge Christopher Bieter and MetLife stole my home….that judge. .that Bank…that attorney are in hot water…initiated my formal complaint w CFPB…the schoolyard bully is getting his perverbial a$$ kicked…and how… Remember.. yre in good Co.
give it all you got, the banksters are the liars. Don’t let them intimidate you. stay focused and calm and speak with facts and have your proof ready to show. Much luck and god bless
Howdy y’all,I’m up to bat tomorrow morning,Pro Se,I filled a motion to dismiss for Lack of Standing’ with prejudice & stated grounds,I’m not gonna lie,I’m nervous!!never had to do this before but I have All I need but…What is it going to be like? Never been in front of judge,,so any input on procedures would be greatly appreciated:-) peace,love,resolution<3
We’re all behind you. Maybe review some tips on https://livinglies.wordpress.com/ if you have time. If not just go with it and and your convictions. Maybe the light will start to come on in that dark corner of the universe. Courtesy of David.
Hey trev. Don’t look back. Believe me I know how bad it hurts. Push ahead and give it tour best. We don’t have a choice if we look back. These times are bad for all. It’s the moral decay that will kill us. Be glad for that ford pickup. As long as we can go where we want or need to and it gets us there, what else matters. We all have a purpose on this earth to fulfill and nothing less and maybe some of this is that purpose. Thanks for your help and encouragement. I got a response from cfpb and there is a letter from chase saying that my trial date is really a mediation for the class action settlement that I am a part of and it gives the contact number of the banks attorneys to verify. How stupid do they think I am. When the vultures are circling and everything reads on the courts docs as “foreclosure trial”. What a Maroone as bugs bunny would say.
David Stern was disbarred as he should be. Seems like that fact alone would give you a new trial. Yes you have to fend off the vultures in florida as they are constantly circling. It is disgusting
Here. Yes I am pissed off too. I did get a call back from the federal court today and preparing my back up strategy. Chase gave me the runaround all day today and I am mentally exhausted. Yes I too used to be a happy upbeat person until I fell into Chases world of trickery and deceit. But these days seems to be the way it is. As they say I am in this place but not of this place
I sit in the corner…busted up neck and shoulders pinned in…like a boxer in round/year 24….I am exhausted and hopeful….beyond spent…
I thank God I have a corner….on the ‘worst’ street….in a trailor…in the crime ridden…drug infested city next to Boise ….by American standards…I now live in a meth hood…a literal dump for the disadvantaged….and to think….7 yrs ago I was checking in to The Four Seasons – Singapore on Hewlett – Packards dime….owned my own Craftsman home in Boise’s desirable North End / Historic District….had a company SUV and a spare R Rover in the garage…….thi week I bought a 1986 Ford 150…rebuilt engine….gets 10 MPG….nothing fancy. ..but its what ruined credit and $1,100 will buy….but hey…I thank God….my service lab and I found a place…..to crash….to heal….to regain strength to fight another round…..yes people…this is economic warefare….AND if the sleazy mayor….hus brother the judge….the Atty Gen…if their Klan will all abuse me….as they have….nearly tassered by 6 Boise cops for challenging the fraudulent sale…..they will do the same to you….I wish I could shield everyone from this cancer….its the Financial Ebola of our times….its an indication of how far from Christ/Buddah/Spirit we as a Nation have tilted….its pathetic actually.
I say I am grateful as this fall to the bottom has taught me many lessons. ….primarily…it has taught me to never give up or in…ever….it helped get me over my fear of corruption. ..cops…judges..mayors who cldnt care less….
I plan to read ‘How to win your Case’….and then I plan to file multiples…qui tam…
It will serve the Nation in the end…..there will be fraud cases heard for the next 10 yrs over this carnival…..it gives us a chance to test our metal….but yeah…im balding….not happy…fianceless….nearly broke…but far from broken….I have a corner…last week I had the streets….no wall to hang my framed MBA Diploma….
So lms….if yre Court date is in 10 days or so….type a Victim Impact Statement to your local Police Department. …hand a copy to the Judge….cc the Federal Judge a la Chase Settlement. …maybe a cc to Holder as well…..it may help….you no longer have time to file a new police report and expect to have a copy by Court Date…..following me?
Then watch Men Who Stare @ Goats…..use your psychic advantage. …it works. I once shot a pigeon out of the sky w just my thoughts….w a witness….my father. I knocker a kid off his skateboard just this week @ 200 feet w just my thoughts….I felt badly but it demonstrated that ‘yes’…..I do still have my gifts. Use yours in Court…..immediately file an appeal and call me if all hell breaks loose…..help is on the way….but there is blood and sharks in the water….orcas too ;)….. 208.703.9525. A well placed phone call at the witching hour can help….
I just wanted you to know….you’re not alone…. give it all you got….and BE all you can/will be…Soldier. The score is 99:1….we are cheering for your victory. Trev
Trevor Hitchin
September 8, 2014 at 8:24 PM
Sorry for the typos….im fn exhausted too….just keep swinging w your fists of truth until one of you falls. … ‘the Sun also rises’. 777
Fortunately the modification I signed Bobbi affirmed the debt much lower than the original mortgage and that’s why chase reneged. Got them!! For breach of contract. As they say it ain’t over to the fat lady sings and she will soon be gasping for the breath to let out her first note
I’m hanging in hammertime. Don’t have a choice. I have a child in school and 3 dogs and a cat. Where would we go. I have to keep fighting for my family.
Well, this is where I am right now….I was fraudulently foreclosed on in 2012 and then in the Appeal process, which did nothing so I filed for a MOTION FOR Retrial because I never had one hearing since complaint was filed by David Stern Foreclosure in 2008…I now filed complaints with the OCC, who refers all mortgage related issues to the CFPB, who is operated by the Federal Reserve, which is owned and operated by the Banks!!! So, I have been fighting off realtors who may attempt to sell my house, which has been empty since 2012 as a result of the court allowing the bank to file forged documents in order to obtain a foreclosure at any cost…Whenever I get an alert on my house through Zillow, I write and send my formal Cease and Desist explaining they will be named in a lawsuit should they sell my home because the real Party Of Interest is unknown and the Appeal Court is now reconsidering my MOTION FOR RE-TRIAL…..I am dodging bullets as best I can but fighting with crooks is taking all my joy and makes a normally happy lady really pissed!!! Just wanted to share my fight as all our issues are so very different but all the same….we’re under attack and we’re pissed off about it !!!
Thks again hammertime and feel better. I would not put anything past evil Chase. My son had to run off some investor drove right up on my property as if he owned it already. Told my son our house was on “the list”. I would like to know wtf list he was referring to and where he got it. Don’t risk going to jail over chases crap. Why make their theft any easier. It is always easier to steal when no one is home.
Working together even if it’s not as much as we’d like always helps and who knows someone out there may be going through the same thing.
Seems like I’m on a runaway train headed for multiple collisions. Hopefully I can jump off before the 26th!
I’ve used the IFR framework consistently to question how stupid the payout was. I would also throw in the Kalicki and Yuba cases in your correspondence wherever you can. No more excuses for whoever sides with banks.
I had same experience with investors, brokers who wanted to steal my property for HALF the original principal and Chase was all for it. What’s wrong with this picture! Things are so crazy here in LA, CA that prices are way past bubble values. Houston, We’ve got a problem!
Looks like reply didn’t take if repeat. Working together however we can, always helps. Someone out there may also benefit with even a small piece of the puzzle. We all do what we can. I’ve come full circle from brokers, investors telling me it was a good deal to short sale for half the principal and Chase had no problem with it! Had to chase people off and got into it a couple of times and then the city decided to dog pile. Brokers, investors, politicians are all sipping their tainted champagne but the truth is coming out! Have experienced mini version lately. Hang in there!
Lms52, I know what it is like dealing with Chase. They are pure evil. If they have a foreclosure sale date your house is probably on a list of houses up for sale and they will also be listed with your county. All of which is public information. Also, you might want to put a No Trespassing Sign that should help keep them off the property. We found most people will not cross them regardless. Just make sure to notify the Post Office it is ok for them to cross the No Trespassing Sign or you might miss out on some mail.
Has anyone read the OCC booklet called financial remediation framework. It was written for the borrower a/k/a “the screwed homeowner”. No wonder the independent foreclosure review resulted in peanuts to us. If they really would have given us an “independent” review, we would have broke the banks for all the wrongs they have done to us. For those of you that have already lost your home, there are cash remedies for bank errors. This maybe good if you want to seek monetary remedies
Thks David and Hammertime. I definitely plan on having a back up if on the 16th, the judge denies my attnys motions and it proceeds to trial two days later(what a rip off) I will withdraw him in the courtroom if I can. I am also carefully reviewing the settlement to see what can be used from it besides the fact, I am entitled to another review for modification. I am open to suggestions. I am hoping the attny is doing right by me but hard to tell at this point and he is on a vacation until one day before the hearing which is a red flag for me. He either thinks he’s got my extention secured or I’m getting really screwed
As usual not legal advice but I would focus on standing, debt (accounting) and chain of title. Sounds like everything but some good examples hopefully from your QWR’s and again report to CFPB what’s going on and copy your reps. Chase is still playing games with me and I have City criminal complaint against me even as they admit not enforcing laws. BUT sale taken off calendar. AND I have tons more ammo. If they steal my home or throw me in jail over this it WILL GET OUT.
We are being attacked on all sides you gotta have all your bases covered and just do it and don’t quit! Then or simultaneously take it to Trev’s level as it applies to your situation, jurisdiction.
Just getting over seems like month long flu and getting my ducks in order but will try to review your info again and be an extra pair of eyeballs.
If there wasn’t a “difference” betw parties they couldn’t good cop/bad cop us to death!
@ lms David and I are on the data trail and your case and description of area definitely came to mind
David has mentioned continuation on basis of inadequate counsel?
In CA it may now be “advantageous” to let them sell and then sue for violations of homeowner bill of rights, settlements etc.
If you really want to throw them for a loop dare them to STEAL your property!
We’re at an extreme stage in this country. Republicans are using liberty and freedom to say there should be no rules when it comes to Wall St. Democrats then say banks/corps don’t have to play by the rules because it’s too expensive or fear of the sky falling Wall St lobbyists scare them with.
Anyone that accepts money from Wall St should be branded a traitor and thrown out come November!
GOOD CALL….search your own States representative’s and if they “smell” VOTE THEM OUT….I’m voting ALL BLUE only because of the non sense of the GOP holding our entire country hostage because they can’t believe President Obama got elected….twice!! November is close and just in time!! Don’t hate me cause I’m voting BLUE 🙂
hammertime
September 6, 2014 at 7:15 PM
Been in catch up mode! Interesting stuff in LA, with CFPB etc.
We have to make sure Dems don’t ignore us and think we’re an automatic vote. We need new blood across the board if these lifers don’t do their job.
I have contacted the federal court judge to make him aware that his ruling apprently means nothing in the broward county florida courts. I would think his ruling would take precedence over this mickey mouse courtroom
I have a suggestion but if someone would chime in if it’s proper protocol…like protocol matters anywhere….rrrrr……Question: Can Ims53 prepare and file his own MOTION TO WITHDRAW COUNSEL because the guy is on vacation? If so, in that MOTION, he could request the 60 days required, on his part, to search for an ethical attorney and have time to bring the new attorney up to speed, so to speak…If Ims53 can file his own Motion, he would also need to provide an ORDER GRANTING COUNSEL TO WITHDRAW for the judge to sign right then and there…Also provide with addressed and stamped envelopes to all PARTIES so it is easy for the Judge to process….That’s what needs to be done but if his attorney is on vacation as stated, it’s doubtful he will have or take the time as it would need to be done within one day!! Tough call but IMs53 is sure in a mess and can use all the help from this blog as we can give him!!!
What is the Judge’s name and contact number….post it here. There is a tide shift happening at the highest levels of World/Justice order….inform the Highest level of Court overseers.
My suggestion….and I have said it 3-13 times before….file a gd police report…TODAY.
List the name & # of your Judge if known.
Contact #Anon….ask for ‘eyes’ on your sitch.
Tell them I want Justice for you…then me.
…the gloves have been off for years.
We now fight from the streets. The DR# helps your paper trail if you do get thrown to the wolves.
Follow my advice…..stop ?ing me…
♡s & kisses….
-Hitch
i remember tom saying to file a motion to show cause for a foreclosure stay or ask for mediation. I am working on a modification which is part of the settlement agreement in the chasemdlsettlement. On top of the hearing for the 16th, this attorney has decided to take a vacation until the 15th (one day before the hearing) furthermore, why would they also already have a trial set for the 18th. This to me smells to high heavens. I wouldn’t even have a chance to speak to the attny before the hearing and to me it looks like that is just the way he planned it. Banks attorneys have obviously got to him too. Tom , are you out there?
lms – when you are working on a modification you are working with the work-out dept of the lender. There is no, no, no communication between them and the attorneys representing them. The attorneys for the bank have no clue whatsoever that you are working with other individuals on a modification. Your attorney, on the other hand, should have filed a motion for a continuance based on your current status with getting the mod. Judge certainly won’t grant a dismissal just because of a pending modification but would probably grant a continuance if he was aware.
He is requesting the trial order to be stricken, but not for that reason and he is aware that I am working on a mod. the bank is sending correspondence thru his office re: mod and he is forwarding to me via email. he has motioned the court that my case is not ready for trial for several reasons, but nothing to do with the fact that I am trying to get modification, but I guess he could add that when we go to the hearing. mostly he has motioned that he is new to the case. I only retained him in july when I received the notice of trial being set. He is asking the court to strike the case from the trial calendar and/or continuance so he can file a supplemental answer. sounds good (I guess) but what if the court denies and trial has to go on the 18th, I am screwed.
hammertime
September 6, 2014 at 7:10 PM
Very true in my recent experience. That’s another reason mods are a trap. You don’t need to apply for a mod to assert your rights and settlement standards. Violation of single point of contact, most likely since not attorney etc! There may be new legislation or warnings that servicers can’t be manipulated to push through unlawful foreclosure I recall. May want to look up comptroller of the currency to back you up. Recent Garfield post on warning by OCC that banks are REQUIRED to follow state, federal laws.
Reminds me of bank tactics before settlements; key contact goes on vacation, loses docs etc. The added twist is lawyer involved but we’ve seen actions taken against lawyers more recently for doing what loan mod scammers were doing before.
I think we’re battling bank money influence at all levels, not just the politicians. As recent article said we need to worry about staff people not just the politician in the headlines.
Still, there are documented rules and I would question your local representatives and then make their responses public no matter how screwed up they are.
@ Hammertime – very true on your response. We have newly passed laws here in FL that is supposed to prevent a plaintiff (Bankstas) from filing without first showing proof of possession but like everything else, the laws mean nothing to them and the Judges being on the payroll of the banks, don’t enforce them either. Such laws, etc. are a total waste of time. These modifications are a joke! By law they are supposed to be recorded but they never are!!! Why? Because they are a scam and don’t want it on public record. They get ALL your financial information including how much money you have anywhere, bank statements to let them know what you spend your money on,…..everything about you. They take your money for 6 months and then they default you and you’re back in foreclosure again. Only this time, you have no defenses because you signed the modification and AFFIRMED THE DEBT. Gotcha!!!! Everyone seems to forget that these ‘settlements’ are negotiated by a politician who relies on banks to fund their election campaigns….duh? They are practically worthless, esp this new Chase settlement – just a bunch of mix-match words on paper but has no real sustenance.
hammertime
September 8, 2014 at 4:18 PM
This is how screwed up my case is. On the loan that was supposed to be paid off, now 6 years later Chase says it was transferred and didn’t have to be paid off, was never in default but there was a strange note in credit report comments “affected by natural disaster”. Remember when the sky was falling and Sheila Bair was trying to say homeowners needed to get relief as if in a natural disaster? She was laughed off the stage but looks like banks used that reasoning for themselves! When I complained my credit reports were changed so that all my loans since ’98 listed WaMu as the “lender”. When I complained about that they were then changed to Chase. Then I complained again. Nothing wrong here though as long as they responded per our hero Joseph Smith, settlements, CFPB and every politician taking money from these crooks.
apparently wall street has already took over broward county with the rental housing market (invitational homes 2) and the local courts, but then they would have to go hand in hand.
I called tom yesterday and he is supposed to call me today. The fact that they have the trial scheduled 2 days within the hearing is scarry enough. Lawyers are the biggest liars, but he did tell me that the fact that I am trying to get modified that it is a federal law they there must be a foreclosure stay. I never should have been in foreclosure and this is precisely what the class action addressed and chase basically settled without admitting to breaching contract, but also part of the settlement is they are supposed to give us new modifications, but if they get a foreclosure judgement prior to obtaining a modification, we are exempt from the settlement and this is what the bank is trying to do to me now and the fact that the hearing is with a magistrate behind the dirty little courtroom doors of broward county will further guarantee summary judgement. This is unbelievable, but believable in this dirty county.
Welcome to the shun-spin (not sunshine) state where as a resident you get shunned by the courts and spin the corruption! There’s not a one here, Democrat or Republican who is honest and devoid of greed!! Ah! But everyone thinks that the new Judge in town down in PB is going to rectify (Jessica Ticktin)…guess nobody bothered to take a look at the background of the law firm or the partners. Oh, they certainly have a lot of great ads on the TV but take a look a the public records. What is that old saying about the apple? Oh yeah, the apple doesn’t fall too far from the tree. Just like everyone thought Schneiderman was the Superman of the day, most will think Ticktin is the counterpart, Superwoman. I guess considering the flip side, anything is better than Judge Lewis….just don’t be too surprised when she starts moving towards the Wall Street banks!
can you fire your attorney in court in front of the judge
BOBBI SWANN
September 6, 2014 at 4:09 PM
You can prepare the motion to withdraw and file it before you are in front of the Judge. Keep a oopy with you in case you need it in front of the Judge. They (Judges) don’t take kindly to doing that in front of them as they consider it a waste of the court’s time. Doing so may likely turn the Judge against you and in these days in Florida courts, any bit of crumbs thrown your way as the Defendant from the courts is highly prized. I wouldn’t do anything to upset the cart, so to speak.
Nice going usedkarguy! The truth reveals itself. Problem is, one is no better than the other. Criminals, thieves, cutthroats…making their way up the political ladder for one reason and one reason only – GREED. Red….Blue…who cares? Core values between the parties? Wow! Find me one that has any values first and the only value they have is the value of money!Just look at the choice we have for the running of Governor here in Florida….one who we couldn’t wait to get rid of before and one who pleads the 5th under oath in a fraud investigation 75 times! God help us, there are no choices anymore!
I have been observing this for awhile. My neighborhood has gone from 85 to 95 homestead to 50% rental at least and why wouldn’t the local or state govt want it. Property taxes can close to double when it is not homestead property in fla. The vultures are circling my house as I write this. My son had to run a nasty looking investor off MY property yesterday
HELP! The vultures are circling thereis a hearing scheduled for the 16th of this month and the trial with a magistrate for the 18th . they are closing in for the kill, but I am working on a modification thru the chasemdlsettlement, but the local court is not recognizing this. my understanding is its a federal law that they cannot persue foreclosure if you are working on a modification. I have an attorney but I am not sure if they are friend or foe at this point. Can I make my own motion with out the attorney for a reason to show cause to stop a hearing. Thanks. Tom I was really hoping you could help since you are in the same county.
Hello Ims53….It matters not that you are working on a loan modification…the banks and their lawyers are going to steal your home and the Courts just let them do it! Seems like we have no rights? No, we don’t! If you have a lawyer and you don’t know if they are friend or foe?? Hello? The lawyers can’t do anything but steal your money before the banks steal your house. You can’t do anything on your own if you have a lawyer listed in the courts, you must have him/her file a MOTION To WITHDRAW and that could buy you some time to get in touch with Tom, if he is in the same County. If your lawyer stipulates that more time is needed because of his/her withdraw and that you are seeking new counsel (It may be a lie, who cares anymore!). If you can get a 60 day hold on a TRIAL…that should give you time to file a cross complaint against whatever bank is trying to steal your house, alleging that Plaintiff is NOT THE PARTY OF INTEREST. You also can DEMAND, not request, a jury trial….you probably won’t get it, but this will show that you demanded a jury of your piers instead of a single Judge or Magistrate. You also MUST hire your own Court Reporter…the courts don’t provide one in these fraudulent foreclosure matters for obvious reasons! Get rid of your Lawyer if you don’t believe they are working in your best interest…most are useless….keep us in the loop Ims53….and good luck!
BOBBI SWANN
September 6, 2014 at 3:56 PM
So very right ldynps! I’ve already had to have one attorney withdraw and now contemplating doing the same with current representation (who posts on this site as being one of the ‘good’ guys). Right, take your money and run, run, run…while off on to the next one to collect his ‘upfront’ fee!
Hi hammertime. I signed it I have witnessed this in Deerfield beach fl. No wonder they r trying so hard to steal my home. Blackstone group a/k/a ih2 properties(invitational homes2). Google broward county property appraisers and search by owner and put in name ih2. Spelled out and see how many properties they have bought in this cty this should be a crime. No arms length transaction going on here. They have pushed the avg buyer out of the mkt here. Prices unaffordable so they force u to rent and pay astronomical rents.
WOW…..that is so true!! When is this takeover going to be addressed? I am voting BLUE on each selection at the ballot box…these republicans are all about the elimination of the middle class! It’s just awful, really!
Subject: I just signed this, will you? Friend, I just signed this petition telling HUD to stop selling our neighborhoods to Wall Street bankers. In the wake of the housing crisis, FHA created a program the Distressed Asset Stabilization Program, which is supposed to sell off seriously delinquent FHA insured loans in ways that “stabilize” neighborhoods. Instead, they are selling them off to the highest bidder — Wall Street bankers and private equity firms. It is appalling to see the one department in our Federal government charged with stabilizing communities and creating affordable housing helping make this happen. This has to stop. Now. Sign the petition: http://www.commongoodaction.org/hud_stop_selling_our_neighborhoods?sp_ref=55849813.122.9158.e.0.2
uscourts.gov
U.S. COURTS
uscourts.gov | court locator
Naturalizations Highlight National Celebration of Constitution Day and Citizenship Day
In a first for the federal Judiciary, America’s newest citizens are being invited to join an annual celebration of Constitution Day and Citizenship Day, by taking part in 24 naturalization ceremonies that will be held from Maine to Alaska on Sept. 17 and 18.
The events will be conducted at such iconic locales as Glacier Point in Yosemite National Park, the Alamo in San Antonio, and the National Archives’ Rotunda for the Charters of Freedom in Washington, D.C. Other ceremonies will occur in historic U.S. courthouses in New York and St. Louis; at universities in Alabama, Louisiana and Maine; at a riverfront amphitheater in Des Moines, and the National Constitution Center in Philadelphia
Are the judges ruling against the 14 Amendment to protect our property rights
going to show up.??????????
David has been telling me about this for a while but I kept thinking he was talking about the “new” MERS database that’s being planned. GOP law is much worse stripping US of any standing while they use the name of the bill to make us think they’re pro America or whatever.
If you have one of these GOP reps you need to call or write.
from E. ToLLe, on September 2, 2014 at 3:11 pm said:
“And here’s how they do it. A house bill called PATH, H.R. 2767: Protecting American Taxpayers and Homeowners Act of 2013, would make one believe that it’s legislation aimed at protecting mortgagors. Thank you house republicans, all 53 of you who saw fit to co-sponsor this helpful bill, for trying to shore up the beat-up borrowers of America….bless you all. Oh wait just a minute…
In actuality, this is a HUGE crime-laden give-me to the banksters, and one for which every single one of these so-called representatives should be run out of DC on a rail, AFTER they’ve all been mercilessly tarred and feathered. Just a tad of research shows what this bill actually stands for after it’s stripped of its sweet sounding acronym and GOP doublespeak, from occupycorporatism.com:
”….the technocrats have devised a way to take the homes from ALL homeowners regardless of whether or not they have previously won during foreclosure litigation, are in the process of litigation and would file a complaint with the courts at a future date.”
I’m at http://www.phhmortgagemustbedestroyed.weebly.com Everything is organized by exhibit for eventual presentation to a jury; we’re still going through procedural issues. The exhibits are all relevent to common practices of other companies than PHH, just do a search-and-replace 🙂
If you haven’t already, read Gerry Spence’s book Win Your Case. Take control of the story, from opening statement to close. Simplify, simplify, simplify…the jury is not bound by precedent, they make precedent! Have the jury members had pleasant experiences with their lenders, or strained relations? In a civil trial you don’t need unanimity, or no shadow of doubt. A preponderance of evidence is great. Your only worry is too large a verdict you’ll have to do it over 🙂 I have a slide set on my site from Joseph A. Smith, you’re welcome to copy and paste. Chew gum or kick ass! (you may be all out of gum)
take a pistol packin’ dragon if you can find one….preferably one w a shard of glass in one eye…they are belligerent. …effective…and surgical…think Tonic Immobility. ..a la LA Pod…CA#2. . . they flip the monsters (bankers) upside down…put them to ‘sleep’…then they eat…feed.
Have fun with your redemption. ….your grandchildren will thank you. People…we got this.
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”. Prob similar language for settlements.
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”.
“Lender Required to Review Foreclosure Documents: No entity can record a notice of default or otherwise initiate the foreclosure process, except for the holder of the beneficial interest under the deed of trust, an authorized designated agent of the holder of the beneficial interest, or the original or substituted trustee under the deed of trust. Furthermore, a mortgage servicer must ensure that certain foreclosure documents are accurate and complete, and supported by competent and reliable evidence. Those foreclosure documents are the initial contact declaration, notice of default, notice of sale, assignment of deed of trust, substitution of trustee, and declarations and affidavits filed in a judicial foreclosure proceeding. A mortgage servicer must, before recording or filing these documents, review competent and reliable evidence substantiating a borrower’s default and the right to foreclose. The above provisions have no expiration date. However, until January 1, 2018, any mortgage servicer who engages in multiple and repeated uncorrected violations of its obligation to review foreclosure documents shall be liable for a civil penalty up to $7,500 per deed of trust in an action brought by the Attorney General, district attorney, or city attorney, or in an administrative proceeding brought by the DRE, DOC, or DFI against a respective licensee (see below for a borrower’s legal remedies). These provisions apply to all trust deeds, regardless of occupancy or number of units. CC 2924(a)(6) and 2924.17.”
When bank C-uh-ohs start failing to show up…start vanishing…
You will first want to look on milk cartons….
‘have you seen this crook….?
IF SO CALL 1.208.703.9525’
TRUST ME…..ladies and gentlemen. …
The People +Truth shall turn these monsters to dust….when the Pyramids fall/land…get to higher ground…and enjoy the fireworks. Yes….when all else fails…fire works…its the Work of the Ages….
MetLife is public enemy #1…..
Judge Christopher Bieter of Boise Idaho….clean up your Courtroom.
Step #1….. Show up when summoned.
Step #2….. Reverse the Fraud…
Call it the Boise two-step.
There is ALWAYS a bigger dragon…and yes….CHINA called the shots via Cobra.
you have been altered….Dave…you walk the path of the Righteous. …shielded and shrouded with light…..Thank you for decoding and taking right handed action.
360 degrees makes a circle….w an angel on top.
#Anon is watching…..find them in TWTR.
They drop offenders in seconds…they are the plank….
Steve Kandarian…..you are being sued….pay up. T-n-T.
Gradziadio. Amen.
777
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED
Completely agree Bobbi. However I did not make the post and bidens issue did not apply at all in my case but I do feel that the cases in the federal courts are good evidence for us in our individual cases and should be applied and strongly recognized in the local courts. I am in fl also and foreclosure mills like Albertelli are still going strong. I can’t believe how stupid they think we are or maybe they are the stupid ones
Yes Bobbi it maybe old and settled but let’s not forget about the basic criminal activity that started the landslide of bogus mortgages. I think we get too wrapped up with the other crap the banksters pulled on us too. This really fueled the fire and it seems to be to the wayside at the moment. Don’t forget what brought us all here in the first place like the courts want us to do.
I’m not forgetting but if you’re going to present a solid case then you’ve got to use a solid defense in return. That includes giving reference to case(s) that have pertinence to your own discovery. This case that you mentioned has no backbone whatsoever. It was just a means on the part of Biden to get his foot on solid ground for politics! He was already planning on running for Gov. and he did just that for this coming election. Remember he’s not stupid (he is an attorney) and he’s got the political background (father). He’s out for #1 and that ain’t you or me! He used this case for his own political agenda and that’s why the settlement is sooooo lame!
Trevor – how much money can I make from the Bank of Americas seventeen billion dollar settlement since B of A gave a mortgage to a Frances Turner for property she never owned but I HOLD THE TITLE TO.?
$250,000 for actual damages….
$169,750,000 as a punitive souvenir. ..a reminder not to ever…EVER…cheat in MY Casino again…’coi-tons Bugsy…’
(cracks ring laden knuckles…spits on Moynahan’s Mercedes…exits stage left)
My advice…..deliver the 1-2 knockout punch…and don’t flinch.
Make a 2 hr investment into your local police department. …do not be scared…they work for you. Deliver a transcript of both calls and any/all relevant docs….this makes up your ‘DR#’…your criminal complaint. You then send a certified copy…signature required to your Opponent. ..w a cc to your State’s Atty General. CPB too if you have the coin.
Then….once they received. ..read…and have digested your move…called ‘Check Mate’ in Chess…this warchess you are playing btw…yeah…so once they have it…you say on the next call you have…recorded of course. .”how do you want to proceed?”…listen for chirps and crickets….I am serious.
Nothing in Warchess ‘just happens’…you are likely being attacked from many sides….name Names…in your criminal civil complaint. There is a name for what is affecting you….it’s called Fraud.
If the discussions end ubruptly or commitments are not carried out….FILE A CIVIL SUIT…you/WE have plenty of cases to point to….to Sheppard the Judges to the light so to speak.
Google: DBSI fraud 20 yrs CEO Boise
Print a copy of that article. …sign a note at the bottom in purple ink…”Trev sends his love…”
If were in their Allen Edmonds….I’d settle right quick with anyone willing to call ‘Check Mate”.
No pun intended in the check….Keep us informed. 777
Angie. You should make them reverse all interest, fee,attny fees for slamming u into foreclosure erroneously. They will tack on so much on the back end of the loan that you will be in worse debt. If they slammed u in foreclosure and they are wrong, all fees and interest should be removed and you should counter due for all the stress and credit damages they have done to you. My understanding is once that throw u in foreclosure, you can’t pay them anyway until it is settled if it ever is. Why are you responsible for all those extra fees and interest
When you were doing the good faith and they were acting in bad faith. Sue Sue Sue their pants off!!!!
Watch your local court. Banks attny will slam you in foreclosure and beat you to the punch if you let them and that’s what they are counting on. Let your local court know immediately what is going on and if u can’t do it pro se, find an attorney and hopefully not a corrupt one
If anyone out there is seeking a jury (I’ve given up on judges)
in 1:14-cv-00733-LY, Western Texas District Court
Demand for Trial by Jury
Judge –
In accord with Rule 38, I am demanding a trial by jury.
Since the recent and ongoing financial crisis in this country (Wall Street and the Financial Crisis, Anatomy of a Financial Collapse, Majority and Minority Staff Report, Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs, Carl Levin, Chairman and Tom Coburn, Ranking Minority Member), the Financial Institutions Reform, Recovery, and Enforcement act of 1989 (FIRREA)has been passed by the legislature (still being widely litigated) to define and confirm the ethical bedrock foundations of proper financial institution operations to the benefit of our community. The Consumer Financial Protection Board has been established specifically by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to address, and the Department of Justice appears to have expended great effort in examining and regulating, mortgage servicing industry practice, company by company. The most egregious violators in the arena (BofA, Chase, Citi, Greentree, Ocwen, Wells) have already begun to appear in courts to register consent judgments with the united group of all 50 State Attorneys General, and to disgorge record setting penalties in restitution of past practices, and to submit themselves and their changing practices to regulatory oversight by Joseph A. Smith, The Office of Mortgage Settlement Oversight (Joseph A. Smith does not participate in litigation). We are now considering just such industry practices in the case of the plaintiff and these two defendants. A jury has never been empaneled before to openly consider and judge these issues, or their most proper and effective remediation. Now is the time.
Attached Exhibit P-11, Better Markets v. DOJ – Complaint.
Respectfully,
jay
September 1, 2014 at 11:54 AM
We have a jury trial scheduled for mid Sep. Any pointers, anyone?
hammertime
September 1, 2014 at 3:44 PM
Better Markets CEO said that banks/govt are just pretending to address the fraud/abuse. I say go for it but we have to keep engaging and questioning at every level. Joseph Smith says they need more time to see if banks are complying, sound familiar? That doesn’t mean we should have a tantrum and stop making sure they do their job.
Howdy y’all,my latest confusion from chase,I’ve involved my Attorney General’s Office & have a rep,from consumer protection division working with me on my complaint,Shannon from Executive Offices of chase has called a few x’s & the 1st call was my side of complaint,& call ended with ”promises” to get to the bottom of this,& also confirmed We have made every principal/interest pymt?reminder I have been saying/proving/fighting WRONGFUL FORECLOSURE since 8-2010..& the escrow shortage IS from flood policy’s placed by Lender,,,but I’m still in foreclosure process I asked she said YES?????????WTF!!!!! My question is 2 all y’all what does this mean?????& also still no deed/note,still never filed/recorded in my county, 2nd call……Ms.Shannon,chase rep,Good morning I’m pleased to tell you we are fixing the ”credit damage”????? But not all of it,up til 8-2010??THAT is the default claim date on my summons which started ALL THIS NIGHTMARE,,,so shouldn’t civil case against us just collapsed?????
The change we want to see in our society requires that we have one-on-one conversations with people in our families, communities, and workplace. Sharing your story will help us show our elected officials and other community members how everyday people are affected by injustice and inequality.When you share your story, you are not only helping personalize the issues we work on, but you also giving a voice to the hundreds of individuals in your community who find themselves in the same situation. For example:
•Are you, or someone in your community struggling to pay your mortgage and/or facing foreclosure?
•Are you swimming in medical bills even though you’re insured?
•How has your family been affected by our broken immigration system?
•Has the recession affected you or your family’s ability to find living wage work?
•How has your quality of life been affected by cuts to health care, education, child care, housing, services for the elderly?
Subject: Share your story
Your Letter:
[Tell us your story.]housing
from david f. black
Vancouver wa blackvan@hotmail.com
as a disabled veteran from the Vietnam era / cold war I have been fighting JPMorgan chase bank to keep my home from foreclosure.
however in my case, I am fivie payments ahead and they refuse togive me credit for that 14,000 paid . they have also demanded that I pay my mortgage payments two and three times for the same month
and it just gets worse from there.
for example. I have a mortgage loan for which there is no paper work or application from me that I never applied for.
CAN has asked me to speak at their events in the past but I was too sick to do so. I have improved and think I can speak if I am invited about my story which is really a story for many CAN members with mortgage servicing from JPMORGAN CHASE Bank
regards
David Black
360 772 5617
I spoke to Michelle at channel five news in seattle about her story about the disabled veteran that jp morgan chase bank just evicted from hishome after the mayor tried to stop it .this targeting of veterans by chase is happening to me but am not not in foreclosure not in bankruptcy not in modification. jp morgan chase has a track record of targeting veterans and active duty deployed military personnel for violating the SCRA for protecting active duty personnel and cheaingand defrauding veteransin their VA mortgage loans.chase has consented to this and has been fined for over $ 60 million dollarsbut they continue to do it.
michelle of channel five news I nseattlerefusd to run my story which is really everyone ‘s story in washingtion state of being targeted for foreclosure if they have a sub prime loan orginated during the period 2002 thru 2009. this has been written about by FORBES magazine in New YORK and it is a fact .
it is time we say no to chase and get statutory federal and state law to stop this and get enforcement by us hud under 49 usc 24 cfr aka Title VIII Fair HOusing ACt statutory federallaw and state of Washington consumer proection act for stoppong predatory lending and predatory mortgage servicing practices in the state of Washington.
and I have confessions to these allegations from chase whistleblower employees in Columbus and Gahanna OHIO as to these allegations in writing on official chase documents.
right now there are hundreds of foreclosures scheduled to occur and progrmmed into chase automated foreclosure system hooked up to corrupt legal reps to take our homes. the estimate nationally is three million loans including MET LIFE LOANs Bear Stearns LOAns and all WAMU Loans
and yes I have filed over 50 complaints about this with us hud us doj and us cfpb and us federal reserve board all of which have been stonewalled. and with chase as well as a JPMorgan chase bank stockholder of record.
Seattle Times Editor
Seattle Times
Seattle, WA
US
Seattle PI Editor
Seattle PI
Seattle, WA
US
Tacoma News Tribune Editor
Tacoma News Tribune
Tacoma, WA
US
Everett Herald Editor
The Everett Herald
Everett, WA
US
Bellevue Reporter Editor
Bellevue Reporter
Bellevue, WA
US
Walla Walla Union-Bulletin Edito
Walla Walla Union-Bulletin
Walla Walla, WA
US
The Columbian Editor
The Columbian
Vancouver, WA
US
Spokesman Review Editor
Spokesman Review
Spokane, WA
US
Yakima Herald Editor
Yakima Herald
Yakima, WA
US
Kitsap Sun Editor
Kitsap Sun
Bremerton, WA
US
Bellingham Herald Editor
Bellingham Herald
Bellingham, WA
US
Bothell-Kenmore Reporter
Bothell-Kenmore Reporter
Bremerton Patriot
Bremerton Patriot
Kent Reporter
Kent Reporter
Kirkland Reporter
Kirkland Reporter
Pt Townsend/Jefferson Co Leader
Pt Townsend/Jefferson Co Leader
Joshua Welter
Washington CAN!
Fatima Morales
Washington CAN!
Sen. Lisa Brown
Sen. Tracey Eide
Mike McGinn
Seattle Mayor
Julie McCoy
Seattle Mayor’s Office
Darryl Smith
Seattle Mayor’s Office
Nick Licata
Seattle City Council
Richard Conlin
Seattle City Council
Tom Rasmussen
Seattle City Council
Sally Clark
Seattle City Council
Bruce Harrell
Seattle City Council
Jean Godden
Seattle City Council
Mike O’Brien
Seattle City Council
Sally Bagshaw
Seattle City Council
Tim Burgess
Seattle City Council
Secretary Sebelius
The United States Department of Health and Human Services
WA Redistricting Commissioners
Given Name Family Name
Organization
Jay Mandelbaum
JPMorgan Chase
James Dimon
JPMorgan Chase
David Novak
JPMorgan Chase
Heidi Miller
JPMorgan Chase
William Weldon
JPMorgan Chase
Stephen Burke
JPMorgan Chase
David Cote
JPMorgan Chase
Crandall Bowles
JPMorgan Chase
Stephen Cutler
JPMorgan Chase
James Staley
JPMorgan Chase
Ina Drew
JPMorgan Chase
Ellen Futter
JPMorgan Chase
Glenn Tilton
JPMorgan Chase
Melquiades Martinez
JPMorgan Chase
Blythe Masters
JPMorgan Chase
Jacob Frenkel
JPMorgan Chase
Douglas Braunstein
JPMorgan Chase
Klaus Diederichs
JPMorgan Chase
Gaby Abdelnour
JPMorgan Chase
Mary Erdoes
JPMorgan Chase
Samuel Maclin
JPMorgan Chase
Matthew Zames
JPMorgan Chase
James Lee
JPMorgan Chase
John Donnelly
JPMorgan Chase
Frank Bisignano
JPMorgan Chase
Gordon Smith
JPMorgan Chase
Louis Rauchenberger
JPMorgan Chase
Richard Cashin
JPMorgan Chase
Catherine Keating
JPMorgan Chase
Stephanie Mudick
JPMorgan Chase
Executives of the Big Banks
Senator Rodney Tom
Senator Jim Kastama
Senator Tim Sheldon
Senator Barbara Bailey
Senator Michael Baumgartner
Senator Randi Becker
Senator Mark Schoesler
Steve Hardymon
Washington State Dental Association
Leaders of the Washington State
Councilmember Kathy Lambert
Barbara Bailey
Washington State Senate
Joe Fain
Washington State Senate
WA
US
Curtis King
Washington State Senate
WA
US
Bruce Dammeier
Washington State Senate
WA
US
James Hargrove
Washington State Senate
WA
US
Andy Hill
Washington State Senate
WA
US
Kevin Ranker
Washington State House
WA
US
Rodney Tom
Washington State Senate
WA
US
Frank Chopp
Washington State House
WA
US
Ross Hunter
Washington State House
WA
US
Pat Sullivan
Washington State House
WA
US
Governor Jay Inslee
WA
US
Erin Gulick
Office of Senator Cantwell
Erin Gulick
Office of Senator Cantwell
Senator Maria Cantwell
U.S. Senate
First Name*
Last Name*
City*
Zip/Postal Code*
Email*
Phone*
Consent and Confidentiality
By submitting your story, you give permission to the Washington Community Action Network to use information gathered about your experiences. You also give permission to staff to contact you regarding your story.
hi Angel I HAVE TALKED T O THOSE CHASE JERKS TOO.
THEY ARE NOT ANY EXEC OFFICE THEIR UNIT IS THE DEFAULT MANAGEMENT GROUP RUN BY MICHAEL zSARRO S.V. OF CHASE SINCE 1993 THAT HANDLES ALL FORCLOSURES THEIR OFFICE IS IN GAHANNA OHIO NOT COLUMBUS. OHIO. THE SUPERIVISOR ONE OF THEM IS TANYA SMITH. YOU MAY BE A VICTIM OF FRAUD BY CHASE SINCE THE NUMBER ONE METHOD THEY — USE IS MANUFACTURING DEAULTS THRU MANIPULATION OF ESCROW ACCOUNTS AND PAYMENT MADE INCLUDING PUTTING THEMIN SUSPENSE ACCOUTS SO THEIR COMPUTER NEVER SEES THE PAYMENTS. THIS IS THE NUMBER ONE COMPLAINT AGAINST CHASE AT THE US CFPB. THEIR WHISTLEBLOWER EMPLOYEESS LIKE EJ REED AND OTHERS HAVE GIVEN ME INSIDE DOCUMNTS SHOWING THEIR FRAUD. SO FAR THEY HAVE TRIED TO MANUFACURE DEFAULTS ON ME AS A DISALBED VET ERAN BY PUTTING OVER 20000 DOLLAR S IN SUSPESNSE ACCOUNTS AND NO MORTGAGE PAYMENTS WHILE NOT APPLYING THE PAYMENTS AND HAVING THEIR ATTORNEY SEND ME DEFAULT LETTERS WHEN I AM FIVE PAYMENTS AHEAD WITH NO CREDIT FOR THEM. IN MY CASE I HAVE A LOAN I NEVER APPLIED FOR NO LOAN DOCS NO APPLICATON FROM ME THAT WAS FRAUDULENTLY ORIGINATED BY CHASE IN 2011.
REGARDS
dAVID
another source to send your complaints is the new York Attorney general in manhattan new York city who is currently suing chase for mortgage backed securities fraud on behalf of the investors and the people of new York . I have the case number if you want it. contact me at blackvan@yahoo.com and I can send it to you. also the new York department of banking supervision is on chase’s butt about these fraudulent practices .re commend you look them up at google and file your complaints with them as well with their director. chase is allegedly is running at you a n alleged racketeering PONZI BERNIE MADOFF PONZI SCHEM E TYING YOUR MORTGAGE TO DERVIATEIVE HEDGE BETS AGAINST YOU ON THEIR MORTGAGE SERVICING RIGHTS WHEN THEY FORECLOSE THEY MAKE UP TO 43X THE FACE VALUE OF YOUR MORTGAGE IN CASHE FROM THAT THE DERIVATE HEDGE BET. YO UWILL HAVE TO GOOGLE THAT TERM TO LEARN WHAT THEY ARE. NEIL GARFIELD BLOG HAS WRITTEN ABOUT THIS MANY TIMES AND I DOUBT YOUR AG KNOWS ANYTHING ABOUT DERIVATIVE HEDGE BETS. SO YOU WILL HAVE TO EDUCATE THEM
REGARDS
dAVID FRANKLN
I saw this posting online via facebook. If there is anybody out there in Michigan (near Beaverton) and knows of a foreclosure defense attorney that can help this family, please get in touch with her via the email that is posted here: https://www.facebook.com/jillm.onweller/posts/348734655289311
It would appear that she is facing a corrupt Judge in a small town (so unusual, huh?) and she has an attorney that is well over her head in this realm. Much appreciated.
Thank you so much, any advice is helpful. I have learned so much about the law. I also have learned that some judges don’t up hold the law! I refuse to give up. This has been going on way to long, it had totally comsumed our lives,
Rock, is that where you are? under a Rock? obviously you’re not experienced in any aspects of litigation for homeowners, or you would not ask such a foolish question.
C’mon usedkaryguy give the guy a break. He’s probably just ‘new’ to the fraudclosure side even maybe to the point that he’s not even been foreclosed upon. He, just like everyone else here is trying to be helpful. Don’t be so harsh.
trevor
we all have to really read up about up psycopaths had I known this before I know I could never have expected a normal response from them., as long as they get their way they dont care who they hurt, maim or destroy as long as they get their pleasure Our dogs were innocent victims.I was told by management i cant talk to anyone at my complex about what happened.
thanks for reading Trevor and all – you don’t live here.
all-
i started to read about psychopaths and I think if you all spend a few minutes reading about them you will understand how easy it is for them to take part in fraudulent foreclosures and why we are not getting normal and responsive answers to all our communications with them.
You speak the truth ruth….pardon me.. Marilyn that is. In fact, one (psychopath) in TX was indicted today on two counts of abuse of power….lives in a mansion…had it all…had. Timber! And TX was the first State to go purple. ♡memy☆s…6s-2-7s. I call him a psychologically unstable bc as I understand the sitch…he thought he had a real shot at the White House….had.
50/50 that he gets nailed on both charges…and if/when that happens. ..Gov Perry gets 7-99 yrs. The Good People of Texas have spoken…..and the walls came down. Did you hear the collective ‘oh shit’ by the other 40-49 ‘Govs’…it sounded like this ‘crickets….crickets….crickets’….I called ‘the Gov’ when my 1st home was being taken from me….slick Rick didn’t return any of my calls…he was really busy…..***teaching moment : IF you’re going to rob someone of their home.. know the WCS, consider the probability of THAT happening. …then roll the dice. Pistol packin’ Ricky obviously crapped out.
P.s. Camilla got kicked out of England this week. Kicked out.
Sometimes the game is won in the bottom of the 9th…it was a perfect day.
Pivot to the Pinata. ….Gov Pinata…watch the Mexican-American kids with sticks make carne asada out of Mr. Perry’s Presidential dreams….turning, in his case…7s 2 6s….remember boys and girls, it’s the second mouse who gets ‘the cheese’. Have hope in the vault tonight….we got this. 777
Sorry ldynps – this was from October 2011 and it was settled July 2012 with no monetary payment and no real structure to correct anything. Beau Biden was/is a joke! See here:
DELAWARE AG SETTLES CASE AGAINST ELECTRONIC MORTGAGE REGISTRY
Posted on July 22nd, 2012 in Mortgages, State Issues By BuckleySandler
On July 13, Delaware Attorney General Beau Biden announced a settlement of the state’s lawsuit against a national electronic mortgage registry. The state alleged that the registry system created inaccurate and unreliable records that undermined chain of title in that state. Under the agreement, the registry has agreed to (i) maintain a database that allows homeowners to clearly see who owns the mortgage and who services the loan, (ii) record assignments of mortgages with the county Recorder of Deeds Office before a foreclosure can proceed, (iii) not foreclose in its name for the next five years, (iv) audit its records for accuracy and report results to the Attorney General, and (v) increase oversight and training, including annual examinations of documents signed by employees of its 25 largest members to check the identity and authority of the person who signed the documents. These steps are consistent with those already taken by the registry nationally, and the agreement does not include any monetary payment.
Since every mortgage is a CONTRACT between two parties and since that contract is governed by Federal Laws… has anyone approached the Fraud issue in their loan docs by stating to the courts that since Fraud can been identified in their mortgage paperwork (IF It Can) and since UCC Law governs such issues like Fraud in CONTRACTS, I would venture to say that with Fraud identified in such a contracts… it would make it null and void. Both parties to a CONTRACT must come to the table with “Clean Hands” in the negotiations. Therefore do you think any judge, once the fraud has been identified and presented to the courts, would choose to become part of Aiding and Abeting in that Fraud which had been perpatrated by any Bank or supposed Service Provider? I am not an attorney just thinking out loud! Any thoughts are welcome.
Oh Rock, you must be new to this site as FRAUD is all it is about! The Banks are forging whatever documents are necessary to file into the Courts and then the Judges are allowing it to happen!! We are all well aware of this but no agency is helping the homeowners under attack by the banks!! These fraudulent foreclosures are without a doubt, THE LARGEST CRIME IN THE HISTORY OF THE UNITED STATES and it appears it will continue until AMERICA is a homeless society….Welcome to the group, however, please know that millions are under attack and there is not one agency helping us…All our laws created to protect us from fraudulent means doesn’t mean anything anymore…It’s like finding out that Santa Clause is not real…either is our Constitution or our Bill Of Rights!! It’s the end of the middle class Rock…and we are all feeling the crime…
Respectfully, I’d say it’s a mistake to stop making complaints and engaging the CFPB, other agencies and elected officials. Good info so we don’t approach naively. With the information we’re getting and able to collaborate with each other will make any effort that much stronger. As I’ve learned from David, the Fed owns the OCC as well and prob runs the SEC etc. Where does it end? That’s the reality we have to deal with and show it’s against our country’s interest and denying us our rights or show which elected officials really are on the side of ordinary Americans.
Oh my goodness…For all of us who have been feed more BS to file Complaints with the CFPB…don’t waste your time.as it is owned and operated by the Federal Reserve and the Stock Holders of the privately owned Federal Reserve are the BANKSTERS!!! I had no idea because I have been going more in the direction of filing a lawsuit…however, we need to stop wasting our time with them, it will go nowhere, fast!
Who Owns The Federal Reserve?
The Fed is privately owned. Its shareholders are private banks
Agency overview
Formed July 21, 2011
(3 years, 21 days ago)
Jurisdiction Federal Government of the United States
Headquarters Washington, D.C.
Employees 945 (2012)[1]
Annual budget US$447.7 million (FY 2013)[2]
Agency executives Richard Cordray, Director
Steven Antonakes, Deputy Director
Parent agency Federal Reserve System
biggest Ponzi scheme in the history of the world, and if the American people truly understood how it really works, they would be screaming for it to be abolished immediately. The following are 25 fast facts about the Federal Reserve that everyone should know…
#1 The greatest period of economic growth in U.S. history was when there was no central bank.
#2 The United States never had a persistent, ongoing problem with inflation until the Federal Reserve was created. In the century before the Federal Reserve was created, the average annual rate of inflation was about half a percent. In the century since the Federal Reserve was created, the average annual rate of inflation has been about 3.5 percent, and it would be even higher than that if the inflation numbers were not being so grossly manipulated.
#3 Even using the official numbers, the value of the U.S. dollar has declined by more than 95 percent since the Federal Reserve was created nearly 100 years ago.
#4 The secret November 1910 gathering at Jekyll Island, Georgia during which the plan for the Federal Reserve was hatched was attended by U.S. Senator Nelson W. Aldrich, Assistant Secretary of the Treasury Department A.P. Andrews and a whole host of representatives from the upper crust of the Wall Street banking establishment.
#5 In 1913, Congress was promised that if the Federal Reserve Act was passed that it would eliminate the business cycle.
#6 The following comes directly from the Fed’s official mission statement: “To provide the nation with a safer, more flexible, and more stable monetary and financial system. Over the years, its role in banking and the economy has expanded.”
#7 It was not an accident that a permanent income tax was also introduced the same year when the Federal Reserve system was established. The whole idea was to transfer wealth from our pockets to the federal government and from the federal government to the bankers.
#8 Within 20 years of the creation of the Federal Reserve, the U.S. economy was plunged into the Great Depression.
#9 If you can believe it, there have been 10 different economic recessions since 1950. The Federal Reserve created the “dotcom bubble”, the Federal Reserve created the “housing bubble” and now it has created the largest bond bubble in the history of the planet.
#10 According to an official government report, the Federal Reserve made 16.1 trillion dollars in secret loans to the big banks during the last financial crisis. The following is a list of loan recipients that was taken directly from page 131 of the report…
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
#11 The Federal Reserve also paid those big banks $659.4 million in fees to help “administer” those secret loans.
#12 The Federal Reserve has created approximately 2.75 trillion dollars out of thin air and injected it into the financial system over the past five years. This has allowed the stock market to soar to unprecedented heights, but it has also caused our financial system to become extremely unstable.
#13 We were told that the purpose of quantitative easing is to help “stimulate the economy”, but today the Federal Reserve is actually paying the big banks not to lend out 1.8 trillion dollars in “excess reserves” that they have parked at the Fed.
#14 Quantitative easing overwhelming benefits those that own stocks and other financial investments. In other words, quantitative easing overwhelmingly favors the very wealthy. Even Barack Obama has admitted that 95 percent of the income gains since he has been president have gone to the top one percent of income earners.
#15 The gap between the top one percent and the rest of the country is now the greatest that it has been since the 1920s.
#16 The Federal Reserve has argued vehemently in federal court that it is “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
#17 The Federal Reserve openly admits that the 12 regional Federal Reserve banks are organized “much like private corporations“.
#18 The regional Federal Reserve banks issue shares of stock to the “member banks” that own them.
#19 The Federal Reserve system greatly favors the biggest banks. Back in 1970, the five largest U.S. banks held 17 percent of all U.S. banking industry assets. Today, the five largest U.S. banks hold 52 percent of all U.S. banking industry assets.
#20 The Federal Reserve is supposed to “regulate” the big banks, but it has done nothing to stop a 441 trillion dollar interest rate derivatives bubble from inflating which could absolutely devastate our entire financial system.
#21 The Federal Reserve was designed to be a perpetual debt machine. The bankers that designed it intended to trap the U.S. government in a perpetual debt spiral from which it could never possibly escape. Since the Federal Reserve was established nearly 100 years ago, the U.S. national debt has gotten more than 5000 times larger.
#22 The U.S. government will spend more than 400 billion dollars just on interest on the national debt this year.
#23 If the average rate of interest on U.S. government debt rises to just 6 percent (and it has been much higher than that in the past), we will be paying out more than a trillion dollars a year just in interest on the national debt.
#24 According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress is the one that is supposed to have the authority to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”. So exactly why is the Federal Reserve doing it?
#25 There are plenty of possible alternative financial systems, but at this point all 187 nations that belong to the IMF have a central bank. Are we supposed to believe that this is just some sort of a bizarre coincidence
Website consumerfinance.gov
Former employees from Ameriquest, which was United States’ leading wholesale lender,[88] described a system in which they were pushed to falsify mortgage documents and then sell the mortgages to Wall Street banks eager to make fast profits.[88] There is growing evidence that such mortgage frauds may be a cause of the crisis.[88]
The U.S. Financial Crisis Inquiry Commission reported its findings in January 2011. It concluded that “the crisis was avoidable and was caused by: Widespread failures in financial regulation, including the Federal Reserve’s failure to stem the tide of toxic mortgages;
3. Cease-and-Desist Order Procedures
The Dodd-Frank Act establishes a special set of procedures for cease-and-desist proceedings brought by the CFPB.[177] In its notice of charges, the Bureau must set a time and place to hold a hearing to determine whether a cease-and-desist order should be issued against the covered person between thirty and sixty days after the notice of charges has been served. All administrative hearings regarding cease-and-desist orders are required to take place in the federal district court where the covered person has its principal place of business, unless the person consents to another location, and are to be conducted according to the APA. If a party consents by failing to appear at the hearing or the Bureau finds on the record that a violation has been established, the Bureau may issue an order to cease and desist from the violating practice, which will become effective thirty days after service. A party may petition for judicial review in the U.S. Court of Appeals of its principal place of business or the U.S. Court of Appeals for the D.C. Circuit within thirty days after the date the CFPB serves the order.
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED.
@Hammertime – I respectfully disagree with you that if you are a defendant in a Chase case and are NOT in one of the (5) states listed under the Chase RMBS settlement, that you can use it to support claims. I’ve already been told by my attorney that this settlement has no bearing on my case here in Florida as Florida was not part of the Chase RMBS settlement and the courts would not recognize the wrong-doing of Chase against other defendants in other states. Even when documents refer to substantiate a case law here in Florida it uses either only Florida state cases or Federal cases (Federal cases because they take precedence over state). If the court system in those other remaining states (maybe your state) does recognize out of state case law, then that’s a great leap toward victory. Here in Florida we are up against the biggest corrupted court system EVER!!!!
Bad wording but good info on the FL law snake pit. Not thinking in terms of legalese since it appears no reading of the law can get you a fair shake there. It’s coming down to rights and harm done in the general sense. You homeowners down there gotta start making noise on that basis or roll over. Like an alligator? Sorry that image just popped into my head!
BOBBI SWANN
August 12, 2014 at 2:24 PM
Ha-ha! You have the right thoughts on Florida except it’s the judges who are the alligators and eating us up ALIVE. The corruption down here is soooo massive on all levels not just in the court rooms. Police, child protection, welfare, food stamps, disability claims…all so corrupted! I vowed to elect no one but the ones running against the incumbents however, that list is just as full of cheats, liars and greedy sob’s…the sole purpose then is to just break that chain from where it is yet it doesn’t get rid of it! It is so frustrating dealing with a fraudulent foreclosure crisis for ALL of us and yet try at the same time to evolve our state from corruption. We have a lot of good people that could do a supreme job but money is what gets people elected. No matter how good you are, if you don’t succumb to the scum to fill the coffers you won’t make it. Sad, very very sad.
hammertime
August 12, 2014 at 2:35 PM
Here in CA the Repub governor candidate is running as the middle class hero and what does he want, no regulation!, what got us into this mess in the first place. While Gov Brown is being sued for diverting settlement funds. We’re all being played just from different parts of the deck. But the truth and precedence now is on our side. You’re right about the money but if we ask the obvious questions to whoever’s running and force them to answer they can’t hide.
I agree with hammertime. the best option for us all is the political one and heavy heavy lobbying and have a sea state change nationally esp in florida. it is going to be a hard fight. the banks and their fed regulator friends and the federal reserve have run the show since 1930. that is how long this has been going on I blew the whistle about all this stuff in 1978 in d.c. before the senate banking committee and the sec of treasury Blumenthal . only thins happened was some people got fired like my boss the the OCC Director and a new piece of legislation called the Community Reinvestment Act.
regards
David
hammertime
August 12, 2014 at 5:29 PM
And now we have the internets! lol No excuses.
What’s wrong w/ you David didn’t think they would sell out our whole country! 😉
The Chase Mortgage Settlement. The settlement was NOT a class action. This is one that was brought on by the Dept of Justice. I don’t care about class-action settlements; they are only worth a pittance and all the money goes to the attorneys. I am referring to the settlement which John Smith is the monitor.
Lms52
August 12, 2014 at 3:24 PM
Bobbi the chasemdlsettlement was a class action and a federal lawsuit. If you are a part of this. You should have received notice
I received a class action settlement, from BoA, countrywide on the double billing for forced hazard insurance during the foreclosure..( I had already noticed it,)
Is it safe??? to apply for the settlement? they want last 4 of ss #
we won our foreclosure per se. recently,.in Florida any advice?
also looking for attorney, pr anyone who can help me file counterclaim for damages. I have a good start but need advice. I am new to their game. and won by common sense questions in the court room.
Betw this and the Annex guidelines Chase decides who gets the money as if the fraud, “crisis” never happened. Some get money for their PR campaigns and so politicians look good. Like the non-profit guy said they’re all pretending to do something.
Another non answer from mortgageoversight people, Mr. Joseph Smith?
So sounds like they can’t look into a $500,000 forgiveness offer and if there were any credits claimed by the “lender”? How many of these are there? $500k offers and oversight people we need to go on a hunt for?
And got Chase rep to agree to recording so maybe there’s a change on that end. Documents what David is saying about categorizing our issues as “duplicates”. So are Chase and CFPB too much in sync here? A view into how they see the single point of contact as well or more misrepresentation on that front. If case is escalated to the “executive office” it seems the SPOC is out of the loop, no more SPOC?. Fits in with description that “executive” group is a delaying, misdirection tactic as David has said.
And what ever happened to the task forces and the agency cooperation to get to the bottom of this fraud? Am I asking too many questions? From info@mortgageoversight.com, no word yet from ombudsman.
“There are currently two settlements involving Chase. The first being the National Mortgage Settlement in which Chase has completed its requirements for consumer relief. The second is the Chase RMBS settlement. This was entered into in November 2013. The Monitor has a limited role in the Chase RMBS settlement dealing with consumer relief – he measures whether the relief has been granted. Chase has discretion in the granting of relief under the settlement and the Monitor has no oversight of the exercise of that discretion other than to measure the result. Unfortunately, our office is no able to get involved in individual borrower disputes with the servicer and we would not be able to review your case and provide assistance.
Additionally, the Independent Foreclosure Review was separate from the National Mortgage Settlement and our office had nothing to do with it. I would encourage you to contact the OCC for concerns about the IFR. As for the City of Los Angeles, you would need to contact your state’s Attorney General to see if they are able to provide you with assistance.
Am I missing something here? From reading the settlement with Chase, it only mentions that it settled with 5 states (however, the state of NY was settled before the signing of this agreement). Those states were California, Mass., Illinois and Deleware. Anybody else in any of the other states have no bearing???? I see all these posts from people in places other than these 4 states thinking they have some resolve with this settlement and yet, it does not appear from what I read in the settlement that there is no relief for anyone else in these other states. I am in Florida and (wishing) that I had some stake in this settlement, but it does not appear so. Does anybody out there have more information that would lead me to believe otherwise?
hammertime
August 12, 2014 at 12:47 PM
Should be verified if applies to individual cases. Can be used to support claims, precedent. I’m hitting on the bigger theme that we aren’t getting relief so no matter what state complaints can be made questioning their process and where the money is going. If we all support each other’s causes and the main overall cause for foreclosure victims we could pop their bubble.
David’s been great with the info and trying to catch up and apply. I skimmed past this at first but makes you wonder why we’re having such a problem getting a fair shake. Even though your frustrated w/ CFPB need to keep filing complaints but share them so we can track them. This is the blight section that applies to my case and David’s. Whether my supposed $500,000 forgiveness was a part of this and Chase got credit for it is part of the answers I’m requesting. If Chase can get dollar for dollar credit why won’t they even work with David and even insult him as a disabled veteran?
Seems they can donate the mortgage to David and get full credit and in my case could work with city even though there’s already $15,000 in the City’s hands from my rental income. What gives?
“Annex 2
Consumer Relief
Eligibility: The Consumer Relief eligibility criteria shall reflect only the terms set forth below and the following principles and conditions: (1) Consumer Relief will not be implemented through any policy that violates the Fair Housing Act or the Equal Credit Opportunity Act; (2) Consumer Relief will not be conditioned on a waiver or release by a borrower, provided that waivers and releases shall be permitted in the case of a contested claim where the borrower
would not otherwise have received as favorable terms or consideration; and (3) Eligible modifications may be made under the Making Home Affordable Program (including the Home Affordable Modification Program (“HAMP”) and the Housing Finance Agency Hardest Hit Fund) and any proprietary or other modification program.
4. Anti-Blight
A. Forgiveness of principal associated with a property where foreclosure is not pursued
i. $1.00 write down = $1.00 Credit
B. Cash costs paid for demolition of ii. $1.00 payment = $1.00 Credit dilapidated properties
C. Mortgages or REO properties iii. $1.00 property value10 = $1.00 donated to accepting municipalities, Credit land banks, or non-profits or to servicemembers with disabilities or
relatives of deceased servicemembers
D. Funds donated to capitalize community equity restoration funds or substantially similar community redevelopment activities.
iv. $1.00 payment = $1.00 Credit
I know how u feel Marilyn. I had to put my beagle down at a young age and I felt she got cheated. I have three dogs and a cat and I am not parting with any of them even if I lose my house. I would not go anywhere with out them. They have been a part of our family for too long. Youngest dog is 7.
if in the beginning you mean ‘soon after their deaths’….I did a lot of thinking about what kind of nation America has become….on our watch. Like a garden never weeded…it has overgrown with an abusive, predatory, take take take mentality. ..my dogs were amazing…the did not deserve what Snoooy of MetLife did to us/them. I will forever be sickened by the Banksters’ greed….for their lack of restraint. We have become the video game….television is effective….yeah…I have not been the same since….my advice….let this pain harden your armor but not your heart. Let it strengthen your resolve to fight….to shield the next future victim. Until C-uh-ohs get hauled off in silver…..the behavior will not change. There comes a time when the gloves are removed….when its you or them……we are at this point. Yes I aquired an amazing chocolate lab….Ithaca Rose Kennedy…..after Rose K. She embodies the human spirit. …she is more than a dog…not sure how to explain. …I think she was ‘sent’ to me….to help fight the darkness….and to help bring the light. She has been fed beef heart everyday for 3 yrs….my way of honoring the K9 clan….a way to move forward.
Let the feelings out….journal….yoga…meditate….sorry you are in such a – space….that is hard…I am/was too…..you feel like yre living in an active war zone….never safe.
My advice…..file. let it out…..get your day in court…pro se…get a judgment. …enforce that judgment. ..get paid….move. what is that…7 steps??? Good luck….loss is hard…feel it.
wuf wuf Ithaca Rose – what a wonderful name for your baby I always feel that substitutes are sent to us by a power stronger than us. Someone is going to object to me talking to Rosie
Time moves so slowly
I recently sent 17 years of proving the fraud to someone who has the authority to do something about it.
Thanks lms
Trevor- what did you do with yourself at the beginning? i never had one that didnt come to their
end naturally and my last dog lived to 19 and a half i feel like she was so cheated
Did you ever get think you could get other dogs?
thanks Trevor you know my feelings.
i am pretty sure the wacko that lives downstairs from me with the drugs and the electronic harassment guns is a registered sexual predator- a florida felon Naturally at these reits they won’t tell you who your neighbors are.
I found a site called Mugshots.com and saw a creep named Douglas Blumlein a Florida felon that looks like the man that lives below me but with slightly altered appearance of his head partially shaved, his mustache shaved off and his silver rimmed glasses gone . I went to the police several times trying to stop this nightmare about the drugs coming into my apartment from downstairs and their answer was there is drugs everywhere. Which i guess they are right about .
Drugs enlarge one’s heart and so that accounts for my dogs enlarged heart. I already went to the authorities of the Florida prisons. Even if he served his time for raping a child he shouldn’t, especially with his fondness for electronic harassment. be allowed to live among normal people
there is no one here to reason with since the leasing agent is a two time felon for credit card fraud.
Someone on this site told me that in Florida all leasing agents have to be licensed, unfortunately not here in New York. Can you imagine giving your soci al security number and your financial info to a credit card felon.
The REITs do not care about your safety or health a long as they make money.
i’m going to be here till i get my properties back i might as well use my energies fighting against this sadist be banned from having weapons.
Yes, it is required under the Deed of Trust Act. It is suppose to be done prior to starting foreclosure action. It is how the trustee knows that the bank is the actual owner of the note and has the legal authority to foreclose. The current problem we have is that they started foreclosure action over a year ago but the beneficiary declaration we just received is dated June of this year just prior to them filing an amended notice of foreclosure sale. We are thinking something is fishy here….
david franklin
August 10, 2014 at 5:16 PM
Tricia is your loan a bear stearns mortgage
Originated between 2001 thru 2008
Or do you know who the mortgage trustee
Is for your mortgage trust we need to know
If you have a Mers number and was their a
Second mortgage with your loan
I have thr info from thr us federal district
Court as to whobowns your loan first trust that
Has been verified
In other words the name of thr true beneficiary
Regards
David
If you like you can contact me thru hammertime
Or to my email at blackvan@yahoo,com
Tricia
August 10, 2014 at 10:17 PM
David, it was actually originally a WAMU loan (The trustee was Group 9, Inc), but from there we have no idea what happened to it before Chase supposedly purchased it in 2008. There was no second mortgage. I am not sure if it ever had anything to do with MERS. Chase appointed NWTS as successor trustee.
hammertime
August 10, 2014 at 11:37 PM
Tricia, this may be on my brain from another correspondence but if you have an atty in fact on assignment or other docs could be sign of broken chain which it sounds like from possible back dating. They may be able to back date as long as their standing is valid. My WaMu issues are pretty bizarre which I believe is result of broken chain of title. Matching up dates is key with docs, sales, trust rules (Glaski) etc. Again, the settlement guidelines allow you to challenge chain of title, reliable evidence, valid transaction even though it seems the WA system is anti homeowner.
Tricia
August 11, 2014 at 7:20 PM
David, yes we have read the Ha Dao Class Action Law Suit. I will check more into it, thank you for the help.
“Mission / Intent: To remove the fear of the unknown for underwater homeowners through Education − enabling Trust − leading to Action!
“Each must for himself alone decide what is right and what is wrong, and which course is patriotic and which isn’t. You cannot shirk this and be a man.
“To decide against your convictions is to be an unqualified and inexcusable traitor, both to yourself and to your country, let men label you as they may. If you alone of all the nation shall decide one way, and that way be the right way according to your convictions of the right, you have done your duty by yourself and by your country – hold up your head!
“You have nothing to be ashamed of.” … Mark Twain
– See more at: http://www.useforeclosurelaw.com/contact/#sthash.9Qs8W70J.dpuf”
Not much activity since 2012 when sites seem to have been silenced.
Beneficiary Declaration question…We have been dealing with JP Morgan Chase since the beginning of 2013 when they started foreclosure action. We recently requested the beneficiary declaration from the trustee and it is dated June of this year, just prior to when they re-filed notice of trustee sale. My question is wouldn’t the beneficiary declaration need to have been filed back in 2013? FYI, we are in Washington State.
THIS IS A WARNING FOR ANY OF YOU THAT HAVE LOST YOU HOME BY FRAUD AND HAVE PETS. DON T GO TO A REIT THAT WILL TAKE THEM, BECA– USE THE TWO REITS I HAVE BEEN IN ALSO GAVE ME ADJOINING NEIGHBORS WHO WERE ON DRUGS. AND THESE DRUGS ALSO ENLARGE THE DOGS HEART. I DIDN T KNOW TILL THE LAST DAY OF MY DOGS LIFEWHEN THE FELON I LIVE ABOVE — USED HIS ELECTRONIC PULSE AND RUPTURED MY 7 POUND DOGS CORDEAU.
The Animal Hospital saved him but the medicine being so strong destroyed his kidneys. Couldn’t let him be in pain I had to put him to sleep When I win my case I am going to put a part of it into helping save these animals that got caught up in these fraudulent foreclosures .
I’m surviving on KAMA and hope every CEO of all the REITs end up with a similar fate
Of Jamie Diamond.
Trevor Hitchin
August 10, 2014 at 11:26 AM
Marilyn…et al.
I am sorry for your loss..suffrage…situation. I know you hurt today…like yesterday. ..and tomorrow it will hurt too….but hopefully (read: full of hope) you will begin to ‘hurt’ less. As a K9 ♡r…know that your partner got caught up in a mess…an innocent life lost to corruption. I went through this too w both my champion labs…both now in the ground…5-7 years too soon. Stress causes cancer and cancer kills…2 legs or 4..
Please have your veterinarian document his/her findings. These can be added to your ‘jury’ trial docs…exhibits. Document it all…as bizarre as it may appear…even the psycho neighbors w ray guns…all of it.
There are forces at play under the surface…powerful shifts occuring…counterbalancing this pain we are feeling. When the perps do their walk.. I will be there w bells on….I will sear my pain into their hearts just as they did to me..my fiance…my dogs…my family….I must return their darkness…shed it from my essence…it is not mine. Return to sender as it were.
Keep a light on for hope…the Truth…the blowback…it will be a fantastic day and it is on order. We shall overcome. We will bite back….for those who did not deserve this horror. Ps…my ‘bite’ is lethal….just hang on. Never give up…never…ever…ever….
♡@godspeed
Tricia there is a class action lawsuit
Against nwts brought by a vietnamese
Attorney in seattle you may qualify
To be in it the suit is for nwts fraud i believe
Don’t get much of a chance to buy the LA Times these days but seems like when I go to the library like today the headlines just jump out at me.
One from 7/28/14
Gov Brown trip to Mexico with Lobbyists
From yesterday 8/8/14
Mid Wage Crisis
Equity Loan Defaults Likely to Rise
New Dynamics In Housing Market (“rebound effect” fading, will NEED JOBS etc)
Costly Housing Seen as Threat (CA inexpensive areas on par w/ TX expensive areas, CA expensive areas reaching $1 mil median value, BEYOND REACH of AVG Californian! duh!)
Fannie, Freddie report profits (fully repaid govt aid when THEY WERE RESCUED in ’08)
Charges Grow Against former CalPERS Official (pension fund fraud)
Please sendme an email and we can huddle with me and other
Members of this blog who are goingon with this too
I was banned from the mdlsuit by kellerrohrbach.com in seattle
Who i told this was going to happen to you before it did
She is your counsel before the federal judge
Her name is gretchen obrist and gretchen cappio
They allegedly sold all out for a court approved 10 million
Dollar attorneys fees and you got a fraudulent loan mod
It is their duty to notify the federal judge in boston about yousr
Situation and get a federal court order to stop it
Under fed reserve regs you probably flunked the rigged
Net present value computer software model done on your
Loan mod
By fed reserve regs chase has to foreclose but the model is rigged
And you can prove that and get your copy of the results
If you buy a share of jp morgan bank stock u can demand
A copy of your entire foreclosure file and npv Model and where
All your payments and eascrow funds have gone
In other words like in my case chase has stolen all your
Mortgage payaments allegedly and i have proof from chase of that
From their wkistleblower employees in writing on chase stationery
And you can demand the amounts and names and account nimbers
Of all the derivative hedge bets on your foreclosure that chase will
Cash in when they foreclose
Uo to 43x the face value of your original mortgage
And demand. Copies of all insurance thst chase has taken out
Out on your mortgage
That is why they are speeding it up
A golden pot of cash and their attorrneys get a triple bonus for
Getting it thru the courts when they take possession of your home
Watch videos of king county videos of chase in seattle court
I was banned from lawsuit cause i was going to blow the whistle
To the federal judge about chase covering uo 1 million
Frauulent mods by changing all the account numbers and q
Writing new loans without anyones permission with new account numbers
Under guise of a loan transfer
Chase told fed judge they only did 60000 mods of 1 million
Bear stearns loans now being sued by new york ag in new york
Superior court
I have been keeping the attny in the class action settlement informed how the local court here seems to be ignoring that I am part of this class action. I’m sure the judge is not aware but the banks attorneys most certainly are and that is why they are trying to push mine thru because they know I am or should be due some serious restitution for all of chases lies and deceit and stress they have caused myself and many others that were named in this settlement. I also let the florida AG know that chase is trying to weasel out. I don’t know who else
To let know except the federal judge that Made the ruling
Thks David, that will be next if they choose to keep ignoring the larger picture here. The courts in broward I would not trust no farther than I can throw them and the judge on my case has a substance abuse issue and has been busted for several DUI s. It’s just insane. The court system here
Any lawmaker has that power anytime, to guide his future efforts in law review or lawmaking. Any grand jury has that power, whenever they see an enforcement issue. Keep them in the loop, and copy them with all your communications. They have staff people who can read, and they pass on the interesting ones. I copy all my communications to my senators and representatives, even that dude who is currently President. It’s filed somewhere up there, and the next president can probably read too.
Agree David. It is a huge cover up. In florida no jury trial and no court reporter unless you hire one to record all the fraud that chases attnys and representatives will spew out of their lying mouths. They r trying to set mine for trial and ignore that I am part if the mdl settlement. I have the attny looking into my case. I am following all instructions as per the settlement agreement and they are still trying to push the foreclosure because if they beat me to foreclosure they win and I lose any restitution due from this settlement. Received email from AG thanking me for my “persistence” in this. Funny they should use that word because that is all I have ever been with Chase to get a modification Is persistent as well as consistent and just continue to get screwed over by chase and the corrupt courts here in broward county florida
As I shared with you before I sued as a disabled vet those
Florida courts in federal court in Miami fleet for trying to
railroad me in my sons drug case in key west
I delivered it or served it on Florida attorney general in
Tallahassee
That stopped the railroading and coverup of drug ring in key
west high school
So if I did it you can do
it takes five minutes to fill out the complaint
and hit was served on th e judge and I hired a court reporter
Regards
david franklin
David Franklin
August 9, 2014 at 1:50 PM
I took it lol to federal court in miami m myself
Didn’t cost me a dime as a federal question for
florida violating my civil and connstitutional rights
I am still working on my lawsuit and would love to send it out to anyone who may have some input or interested?? I will post it here when it is finished should anyone need some of the issues I learned…This is without a doubt…HELL….elyse@gte.net
I was watching a tv show last night about the Richard Nixon ordeal with the break in of the Democratic Headquarters he planned with his staff and the Senate Hearings that resulted in his impeachment…The Senate and Congress were so hell bent on preserving the “LAWS” that were violated and the integrity of the Constitution, The Bill Of Rights and the Office Of The President, it brought to mind that this is the direction we should be going as well. Does anyone know the process of petitioning for a Senate Hearing just like the one done with all 9 Banksters that were brought in to testify to their wrong doings where they were shammed by some of the Senators about flying in on their private jets in to attend? If there is any connections to Elizabeth Warren’s office in Mass.? She is a Senator that could help us get our findings to a hearing or Commission? The Courts are all on the banks payroll yet we keep going in that direction??? Just a suggestion and any feedback on how to do it would be much appreciated by all….elyse@gte.net
Wendy Kamenshine is the Ombudsman for the Consumer Financial Protection Bureau
Dear Mr. Smith/Ombudsman,
I am writing to you to express my concern that the settlements are not being followed by JPMorgan Chase and that the settlements and laws such as the CA Homeowner Bill of Rights are ineffective or are not being carried out.
Settlements are not addressing harm done to homeowners that were actually harmed it appears.
I am also concerned that complaints such as mine are not being taken seriously by the CFPB. A recent
article notes that Chase is only beginning to provide homeowner relief. Yet there were supposed to be funds for legal aid, blight and to mitigate harm done since the national mortgage settlement was in effect. My numerous complaints seem to have no effect on Chase’s behavior and every lawsuit and settlement that is publicized is aimed at investors or government agencies’ benefit.
I detailed various violations of settlement guidelines as well as possible fraud and we are hearing that Chase and the other banks are still getting their credits while there is no mention of their violations.
If my case is an indicator there is extensive fraud that is being missed by the CFPB or being ignored or else the laws have been weakened to the extent that they are having little effect on homeowners that have been harmed. To point to affected areas, modifications etc while dismissing homeowner’s claims is a manipulation in itself.
Chase continues to mislead and take advantage of homeowners with the WaMu purchase and other possibly unlawful transactions. The National Mortgage Settlement should have helped to clarify these issues but Chase continues to ignore guidelines and provide misleading, possibly fraudulent information as my case indicates.
It is difficult to see how homeowners that were actually harmed are obtaining any relief as is claimed.
It appears the very settlements are being abused by lenders such as Chase and local government if my case is an indication.
I have received information from Chase on the purported, disputed loan that makes no sense while it’s representatives seem to have no knowledge of the settlements or the guidelines that were agreed to.
That an average $500 payment from the Independent Foreclosure Review is considered relief, has left homeowners with no confidence in these settlements, lawsuits and their oversight. Besides the ongoing misrepresentation over the past year Chase was found to have corrupted the process as noted in the media and hearings that included Sen. Warren in late 2012 and early 2013, I recall.
Your email address doesn’t work
tried twice both bounced
please send email to blackvan@yahoo.com and ill reply
Have been petitioning ellen warren and bernie sanders for
months to have hearings about chase mortgage corruption
in their mortgage servixing unit and stealing we and my mortgage
payments to use as personal income and not pay fed or state
taxes and not forward to investors
Even the new York ag office is stonewalli in ng me despite
their lawsuit in new york state court for defrauding investors
in the bear stearns trusts emc chase mortgage
one of those is blacksmith and boilermmakers pension fund.
Union owned and part of ALF CIO
REGARDS
DAVID
WE ARE INVOLVED IN A HUGE FED STATE COVER-UP OF MASSIVE FRAUD AND
Who is Authorized to change the trustee in a securitized loan. US Bank National Association was the Trustee before we went into the Bankruptcy Process. Once the Bankruptcy proceedings started, Wells Fargo’s (Servicer)’s Attorneys created documents to appoint individuals within thier lawfirm as trustees. Im no attorney, but something just does not seem right about that. James 443 677 2799 jsmith5915@msn.com
Not an attorney but they probably can unless you find a problem and they’re not valid. Lots of lawsuits, settlements over predatory lending, REMIC etc you can check out.
I would also ask the bankruptcy trustee if they can do that in the middle of the bankruptcy, whether you think so or not the bankruptcy trustee is a neutral party. Had a slightly different issue related to Appointment of Successor Trustee and the Bankruptcy Trustee helped resolve the issue.
Not sure what state you are in ( besides the state of frustration ), but Wells Fargo’s attorneys seem intent of ignoring law and falsifying things, and making misrepresentations – my case is full of it and I’ll be glad to make my entire files and depo’s available to anyone who wants them.
The reason I say a judge, is that we all must DOCUMENT what these B________’s have done and put it into the public realm for all to see, including legislators, regulators, and law enforcement…. and foreign individuals that are working similar problems overseas.
Call a title insurance attorney, and also do your CRITICAL appellate research (www.scholar.google.com is free !).
And when you DO ask the judge ( I love to talk to them, they don’t always love to talk to me ), do it in a way that no matter how it turns out, you have preserved the mistakes all have made – including the judge.
Everyone realizes our legal system has been pretty much DESTROYED by the system REFUSING to follow proper judicial process and Rules of Court and Evidence. Document it.
Let every fact be taken before people who can correct these things eventually – legislators who can re-write things to reverse the wholesale degradation of our, now laughable, judicial system – a tool of crooks, shameless law breakers who damn well know they are raping innocent people and have abandoned the basic tenants of jurisprudence but have the audacity to think no one will do anything about it. YES WE WILL.
I have caught Wells Fargo red handed, and slowly every minute detail of their fraud will come out in documentation before courts and Grand Juries, along with EVERY instance of insider wrongdoing, including that of judges who are in some cases up to their eyeballs in crime, Certainly many, many attorneys are as well.
A Trustee is appointed by someone…the person that appoints them can make changes but it all can be challenged and ordered changed again by a judge depending on the circumstances, but lawyers can not manufacture fraudulent evidence, even though the Florida Supreme Court and legislature has said its OK in a round-about way. To be sure, having ALL parties agree to change a Trustee is the best way to avoid problems, although in Florida surprisingly the BORROWER has to agree to who holds the right to reconvey (3rd party).
Do you have a good Trial Attorney ? I am recommending people talk with APPELLATE attorneys, who know the ultimate requirements and prohibitions. After you talk with a TITLE attorney and research case law, go armed with that to talk to one, who can recommend a skilled trial attorney to motion (ask) the Court to make rulings, make findings of fact and conclusions of law. Wells Fargo probably is one of the easiest to get overturned because they seem to have made so many bold acts of ignoring law and convincing their attorneys to break it.
When I recently sued HSBC, their General Counsel was easy to work with, and actually helped me put the screws to Wells Fargo, as if they might like to get rid of them from the industry. Remember, even Florida’s Court of Appeals has upheld my “unprecludable” right to go after Wells Fargo…and I don’t care WHAT Wells does anymore, I WILL find something wrong with it and point it out to everybody, and ask people in the legal industry to correct it.
By the way, I am supporting Elizabeth Warren for President in 2016. She has the guts of Joseph McCarthy in determination and hot, pointed-sword-like questioning and getting to facts – something our spineless corrupt infrastructure and banking sector tries to bury and ignore. The World Court may have the ULTIMATE say about dismantling the banking cartel, – we have MANY friends around the world our government and banking system have cheated and who stand with us, the ordinary citizens of the world. Broaden your scope in this entire matter, it is NOT JUST OUR INDIVIDUAL CASES…..we are part of a whole, and must work together, as this cartel does so skillfully. Look for a new documentary coming forth from a major network in the not-to-distant future.
Read everything you can on what Elizabeth Warren and the CFPB have and are doing, and what the latest is in each State, judicially and regulatory wise. Also stay up to date on legislative proposals. Each of us should have a first name relationship with staff of our elected representatives and ask for meetings with them – some ARE on our side.
777 ! TKO in the 12th…. nicely done. IDAHO…..your little prince is coming for all the damage done…. 2 houses….6.5 yrs of hell….dirty judgee…complacent AG….disgraceful Mayor…rotten police…. ill stay right here at their jugular until Ithaca and I are made whole…. great news…thank you for sharing…..remember when it was cool to be American. At least we still fight till the end….till the last ko punch is thrown. Grace.
just watched the video….a little verbose. ..like my posts, but hey….at least guys in white shirts n ties w jd behind their name are now seeing the $ in ‘consumer protection services’ side…tidal wave hello. This is thumbs up and all+++. As well…the link was posted/shared here…I would’ve missed it otherwise. Point…sharing a victory and a proof positive example of FL tides shifting is a two-fer….on this lil ol blog no less.
Now the bad news / good news:
bad news first: sounds like ‘settlement’ $s are still getting lost in the Courts budgets…raises…new laptops…new towers of power. …nothing trickles down to ‘us guys n dolls’ *the ghost of ronnie reagan…this will stop….anon is watching and a fracked FL court master service network failure *think Target scandal…even for a week… would causes total chaos….again…this playing w the help money will be halted. Trust me…FL is always doing shady $hit in the sun…..not no mo’.
good news: 300,000,000 American consumers can play that game too….watch when some individual (to be named l8r) decides to put 10% of his/her punis into a private…invite only…AAA Team defense fund…..to help those in need secure a prom date w Justice….follow me….Valory wins jury award of $9 milliion…… $900k (bless her) goes to help crackerjack attorneys win another 7-10 cases for 7-10 lucky fighters….year one.
Each of those in the winners circle give 5-10% back in…to the House….to help grow the Peoples’ Practice…..more attorneys are brought in…a grass roots firm is born….one w a future…a new form of tithing…..for a new tide…for the tectonic shift we are witnessing. Keep in mind….atty fees are also real and in the mix as cases are won…w precedence ALREADY available….so the initial few ’rounds’ of litigants. …those of us holding the bag….suing for $10-$16 million a piece for the hell they served us while robbing us nearly blind….yeah…we receive plenty…feel great about starting the Super Firm….and watch the fireworks from a safe digital distance….FOR YEARS…
When I win my cases….this is my intent for 10% after taxes and fees….hope the logic is sound….
Like in Judo….use the force Tbone…but use their strategy against them….like the 16yr old Massai warrior on his lion hunt….the lion must leap…attack…then FALL onto the spear…it becomes the moment of truth…spears when thrown oftentimes miss..for various reasons. Lions while attacking rarely miss….spear tips enters first (us)…shield is up….let gravity and bravery get us our first major Team win when the C-uh-ohs and the sleazy attorneys they used to molest our Courts fall on the blade..then another…then 000s more in 5-10 yesrs….
We then shower the people w the banks stolen Benjamins. …. let Steve Kandarian…Ringert Law of Boise, Idaho..Jamie Diamon et al….let them play Robin Hood in green tights and pheasant feathered caps….make a sustainable game of it. Reverse osmosis. YOU paid for those shiny new courts afterall…go take one for a test drive…..and win! Then look back…..help the next guy/gal/family/grandparent/disabled Vet over the wall….its wartime kids….and we got em right where we want em….The Story is too important to be lost in dirty court rooms…. clean house. Today not tomorrow as my mentor George once proclaimed.
T-n-T…Graziadio !!! Tutn 6s to 7s…..
Well glad to hear yours has come to an end at long last however speaking for all of us that have suffered and are still suffering thru this homeowner nightmare. No one will ever be able to live their lives the same pre or post foreclosure. The scars of this will long linger in our minds and a lot of us will never return to their pre foreclosure lives. Scars may fade in time but they never go away Tom. I only hope for us that still have a house to fight for will in time see the kind of restitution that you are speaking of. As for me my trust in our govt and their conspiracy with the banksters will never be forgot. I only hope I can teach my son not to make the same mistake as me called trusting your govt. In GOD I will trust
ONLY and I pray for justice for every homeowner that has gone thru all the stress that I/we have
Wife and I executed our Modification this morning with Michael Winston of Carlton Fields Jordan Burt and its being FedEx’d to Wells Fargo who will have it tomorrow Aug 7th. Remember I executed it originally on July 23, 2104, the Court having strongly suggested to Mr. Winston he use his “considerable influence” with Wells Fargo to offer me a Modification and placing my case into INACTIVE STATUS.
This high powered Corporate defense firm was brought in to take over from David Stern and Aldridge Conners, whom I am both suing.
While my foreclosure may be over, my fight to undo the tremendous crimes that has occurred in this national disgrace is not. I am, and will continue, to stand right with you in your battle.
It would be nice that I recover the tremendous injury my wife and I have suffered at the hands of Banksters, regulators, legislators, judges and their staff, and the crooked unethical attorneys that engineered this huge profit maker from the start to the present with this wholesale money-and-property grab that was NO accident, but planned and intentional. It would be even nicer if we get an award of more than our entire debt so we may live completely debt free, owning our home outright and having money in the bank again and able to travel the world and do the fun exploration of life we were doing before this intentional crashing of our monetary system occurred and obliterated my career and life savings I worked nearly 50 years to build, perhaps even getting my radio program back on the air.
I am convinced each of you has been subjected to numerous wrongs and those of you who have already lost property can eventually get them back or obtain substantial damages to make up for your lost equity. If I can be of any assistance in finding wrongs and pointing you in the direction of what recourse DOES work ( with substantial effort I might add ), let me know – ESPECIALLY if you have had dealings with Wells Fargo and/or Americas Servicing Company.
In the meantime, all should watch this wonderful report by our friend Matt about what’s going on now and how the “help” our government gave was to the BANKSTERS and not to US……..its disgusting and repulsive what a sizeable number of our legislators and judges in Florida have done and are doing, and I don’t doubt its happened in your state as well if you live elsewhere.
It would be nice if EVERY incumbent were voted out of office in November and indictments made against banksters, regulators and judges who were in on the heist, the largest financial crime in the history of mankind. ONWARD TO GRAND JURIES !!!!!
Yes it takes effort. Nice work! I have now crossed a significant step and filed my own complaint in District Court Western Texas and am docketed with Judge Yeakel. I feel great! At some point we’ll bring in the jury to sort things out…then appeal for whatever mistakes we make…My complaint and all the supporting exhibits are now on PACER ay $0.10/page, still free on http://www.phhmortgagemustbedestroyed.weebly.com
I m going through foreclosure suit in PA w us bank as trustee for wells fargo asset backed securities. Very tough judge. Behind 8 ball. Would u b willing to share any discovery u took? Would b very very much appreciated! ! Please email me at carynmlindsey@gmail.com when u can. Much thanks!
Good for u tom. Keep them on their toes. I’m a part of the chasemdlsettlment which addressed unfair and deceptive practices that the banksters have done and continue to do. Also breach of contract, promissory estoppel. Chase has to make good with the settlement however they r trying to speed up my foreclosure so they will not have to honor any of the terms of the class action settlement. Fortunately I caught on to their strategy and also let the CFPB know of their crap. Hopefully this will stop them now and as per the settlement agreement, we r supposed to get new modification with no delinquency fees added on. We just have to stay on top of them and let them know we r not pushovers. I would definitely not let the fact that your wife is signing a little late be one of their lame excuses not to honor your agreement. They tried some similar stupid crap on me saying I signed modification papers in the wrong last name when all of the paperwork and any financial info they requested clearly reflected the correct last name and they still denied me. How lame of an excuse is that? Be careful.
UPDATE FROM TOM HEINRICH
My last payment in December 2007 has resulted in my now being given a new 5.000% 40 year fixed rate mortgage with am August 1, 2014 first payment date, which I have made.
Because I am no longer in Default, the Broward Circuit Court must Dismissal With Prejudice the foreclosure lawsuit filed against me in 2008 in the name of HSBC Bank USA, as the Court has no jurisdiction.
I signed the paperwork myself on July 23, 2014 and hand delivered it to the attorney
representing the Plaintiff. Although I am married, I had acquired my home years before the marriage and my wife is be required to consent to the encumbrance, no later than July 23, 2014.
At that time she was traveling extensively in a part of the world with no email, notary or international delivery capability. She just arrived back in the States and we have an appointment first thing Wednesday morning the 6th with the attorney for her to sign – who has stated the “lender” may not accept her late signature and wish to attempt to complete the foreclosure against me, which would take my case out of the INACTIVE STATUS the Court had put it in months ago until September 1 , 2014.
As you know, I have extensively counter and cross sued all the players, including the OCC and Florida Attorney General Pam Bondi and the different lawyers Wells Fargo hired to pursue their foreclosure me.
Once signed tomorrow morning by my wife, I will move the Court for Dismissal With Prejudice of the case against me and bifurcation of all the remaining actions I have brought, substituting in a talented trial attorney well-versed and successful in Unfair and Deceptive Trade Practices and various fraudulent billing violations caselaw which seeks damages far in excess of the amount claimed to have still be owing on the mortgage which would more than pay off the relatively small balance should any be found to be legally due.
I am still trying to get my case before Grand Jury. As you know I have been over-documenting everything, and am now seeking Declaratory Relief in U.S. District Court, and even have sued the local County Florida justices over their misconduct in conducting matters, plus I have criminal complaints and a Consumer Financial Protection Bureau case open, and have a production crew ready for my Documentary.
I will advise you what happens tomorrow AND AFTERWARDS – which should get VERY VERY interesting.
Never give up. Find their crimes and bring it to public light, and let everyone know what you’re doing. This is not over by a longshot. I would love to see it destroy the two political parties that have used our government for their personal profiteering and for that we have international support. The monetary cartel must be dismantled, and it will only occur when each of us does all in our power to bring their crimes fully to light.
Any questions or my take on your situation will be welcomed, feel free to email me at reachth at yahoo.
maybe some of you want to look into this.
Wells Fargo Force-Placed Insurance Class Action Settlement – A settlement has been reached in a class action lawsuit alleging Wells Fargo worked in conjunction with companies like Assurant Inc. to increase the cost of the insurance policies paid by homeowners and provided kickbacks to Wells Fargo and its affiliates. If you were overcharged by Wells Fargo for a hazard, flood, flood-gap or wind force-placed insurance policy, you could be eligible for benefits from the class action settlement.
I am asking if anyone on this site could take the time to proof my Complaint that I’ve prepared to file in the District Court in Florida? I am seeing it too much and need an extra set of eyes!! Is anyone able to help me? My email is elyse@gte.net….Thanks, let’s see where this goes!!
suggest you join legal shield formerly known as pre paid legal. it cost 17 to 23 a month and they will assign an attorney who can review it for you.
just google legal shield and call them and you can join on the phone and you have a whole network of attorneys in the provider lawfirm who can help you as well as hundreds of outside attorneys that can help you as well
we are not attorneys here and it is illegal in most states to give you legal advice
David why would Foley of Fidelity spend three billion dollars to buy back lps DOCX UNLESS HE HAD PLANS TO — USE MORE FRAUDULENT DOCUMENTS IN THE FUTURE?
I really think it is the Title Companies and the bad attorneys that profited from this massive fraud that are putting their money and power behind this bill.
Wow, thank yo for posting this one. I hadn’t seen it yet. We have been following several Stafne Trumbull cases related to NWTS, Chase, ETC. There was another one not too long ago that a judge called non-judicial foreclosure possibly unconstitutional because it doesn’t allow for due process. NWTS is evil to the core the Law Firm that owns it is Routh, Crabtree, Olsen…often represent the banks…NWTS is definitely not impartial.
hammertime
August 4, 2014 at 4:36 PM
Actually, David forwarded to me; he’s knee deep in WA and veteran’s issues.
That’s interesting I recently posted how non judicial has been questioned as denying due process.
If you’ve seen Garfield’s recent post it’s all been smoke and mirrors where banks manipulate the law to their benefit and then say it doesn’t apply to them.
But NOW they want us to ignore every evidence of fraud and abuse that’s a FACT.
I really believe the banks do target areas to steal the homes. Homes where i live are close to the beach and do not stay on theater long once the banks get their paperwork on order but mkt has apparently slowed since investors have bought up and drove prices back up. The house next to me has a disgusting pool that no one has touched for 4 years and when buyers look they take one look at that crappy pool and leave. I laugh but it’s really not funny because of the rain and mosquitoes. The bank is going to lose their butts on that repossession.
Well then again they probably won’t lose since they took out those insurance policies and I have heard they are compensated a couple times over for default and then resale. Their greed is unbelievable
Subject: Join me in telling BofA to settle with America Bank of America is on the verge of agreeing to a settlement with the Department of Justice for their role in peddling toxic mortgages that led to the financial crisis. We need to ensure that relief from this settlement – rumored to be around $17 billion – actually gets to the people who have been hurt the most by Bank of America’s practices. Join me in telling Bank of America: It’s time to “settle with America” and agree to meet with families that they have victimized. We know that when the banks get a chance to meet families in person, it’s much harder to simply dismiss them. Let’s make sure BofA gets the message. http://www.commongoodaction.org/tell_bank_of_america_it_s_time_to_settle_with_america?sp_ref=51341981.122.8779.e.32740.2
jayal 3 i know all to well i started paying on my bill and they still want to take my home these lawyers some of them it will hit them or there kids one day
I contacted attny of chasemdlsettlement today and he is looking into my paperwork for what it’s worth and my attny filed to stall hearing here locally because sheister bank attnys are trying to hurry up and steal my home. CFPB just sent a partial response to my complaint. I will read it shortly. I don’t know what else I can do for now. I just want Chase to know that I am no push over and not going quietly. Unfortunately u do need an attny to play their dirty games back I went to my job to try and earn some money and that was my day. I do what I can to save my house in the morning when my mind is fresh and deal with my job next. That’s about all I can handle in a day. I also have a 17 yr old, 3 dogs and a cat that need my attn too!
Nothing worse than rotten attorneys swore to uphold the law. Hope they are or soon homeless too. I told my ex attny off for all the money they sucked out of me and then turned me over to a collection agent trying to suck more for absolutely nothing. Filed some irrelevant counterclaims when I explained to them from the beginning that chase had breached contract. Completely ignored that fact. Trying to cover up for chase( aiding and abetting). Now the class action has brought it out in the open, but ex attnys had a chance to do it sooner but did not and WHY? I think us floridians know the answer
Hi hammertime
Yes we all have various ways in which we have been scammed by the banksters and that has what has brought us together and sometimes not so together. There r so many ways they have committed fraud thru their web of lies and deceit. In David’s case, when they changed his acct # , that would have been the red flag. It appears his was more blatant For me it was believing that govt would help. The banks and govt are trying to sweep the mess under the rug For me the chasemdlsettlement explains in a nutshell what they did to me and many others. I am sure they did the same to many others as they did to David F. Maybe he can form a class action and get his story and others out there. There r attny groups always looking for these types of lawsuits either way we have ALL had it stuck to us bad and we just have to keep on fighting and not each other cause we need each other in one way or the other.
Believe me, David’s all over it and any way we can help him will go a long way as well as Trev and I believe we have various “extreme” cases here that won’t fit the cookie cutter approach we’re being steamrolled with. Let me know if you need an extra pair of eye balls with your letters. We need to nail down the facts and get through the storm.
Here’s something that may be useful for you Floridians:
“Sherrie provided this for everyone:
Self-Represented (Pro Se) E-Filing
Beginning Saturday, June 21, 2014, Pro Se litigants may choose to electronically file documents online using the statewide e-filing portal. Pro se litigants wishing to e-file must set up a user name and password through the portal. They must agree to accept e-service of pleadings once registered.
Please refer below for an excellent instructional video and training manual on Pro Se e-filing on the portal’s site.
Instructional video on how to use the E-filing portal.
Actually, it’s blown through every neighborhood in this country and we have to put aside our differences and start to rebuild. It’s hard to do when you’re still in the tornado.
The lawyers, politicians and the banksters want us to believe that it’s all over and done with like the MA lawyers with the title bill.
I’ve talked to some great broker groups and lawyers that have genuinely been on our side and care about our country.
On the whole though the lawyers, real estate industry helped create the web of deceit and manipulated us and our treasury. Manipulation is at the heart of predatory lending no matter race, income, or profession. We are now a predatory nation and it needs to stop based on the pure facts of each of our cases or they need to make things right. They failed with the chance they got with the settlements and are scamming us again.
I’ve been struck on how stories on lawsuits etc keep saying the crisis started in ‘08. Am I going crazy since I remember trying to get out of my ‘05 predatory loan in late ‘07 but couldn’t get the loan I asked for since Indy Mac, Wachovia, World Savings etc were made the bad guys and were shut down. At the same time the credit scores required, credit cut off occurred virtually overnight.
As David and I were discussing our minds have a hard time with 100+ years of branding that Chase and others used to trust in them and then we were held hostage by too big to fail.
Also remember, homeowners, brokers and even law firms that played the system are IN JAIL.
The confusion over David’s situation reflects as we talked about how we need to stop acknowledging these loans and banksters that we did not have a contract with if that’s your issue. Then you have the bad faith negotiating where we begged tor them to work with us in the interest of the property and our neighborhoods. As banks at least at some level did in the past.
We may have differences as to how to use this board but we have options and we are at a critical point.
For your information Trevor I live in Florida and yes, I know a great deal about John Boehner. Part of the ‘machine’….yeah, right!!! I work on a 2% commission far less than even Realtors. I don’t get raises or have benefits and my income can NEVER increase under the Dodd Frank Act. After fighting from ’06 to ’12 pro se I finally got an attorney from THIS site. Matthew Weidner and do you know what he told me? That unless you flat out have absolute proof of them committing fraud or absolute violating the rules of procedure in this state, you will NOT win. He’s all for modifications which I feel is just another abuse of their power to get around and covering up the fraud. I would NEVER accept a modification. The corruption I spoke about in the Florida court system still continues today and all these wins of lawsuits has not made one iota of difference with the judges. I will post on this site whenever I please and if you don’t like what I post delete it. And just like LMS53 says ‘bring it on with their scuba gear and goggles’ to map out their ill-gotten homes. @ Angel – I did not bring this on, but when someone wants to berate me you can bet I’m going to retaliate. I’m not one to lie down and I’m certainly not a lamb. This site does and has brought a lot of valuable information. In it’s beginnings it was one of the few sites that you could retrieve solid ground rules for defense. However, duly noted that even the attorneys that used to post on this site don’t do so anymore. Ever wonder why?
I understand frustration,& I get how ALL must stand up for your self’s,my point is/was I ….I get ”hope” from sites like this,this is a nightmare I can’t seem to wake from,its shook ”my foundation”& its un-nessasary to plead our case’s to each other,its NOT each other bringing the misdeeds…& IF said so-called lawyer bailed from this site,maybe he/she hands arent so clean,or conscious attacked…could be MANY reasons,we ALL have been steam-rolled/done wrong & HERE I wasn’t alone:-) I wish all y’all Peace,Love,Resolution:-) 🙂
many of the attorneys posting on this site all knew and profited from the mortgage fraud going on. Now that everything is exploding to the surface, they are out of here.
yes,after all that Chase has done to me, what better way for them to receive a house they stole than with some goggles and an air tank! it would serve them right. Bring on the raging waters while we continue to fight.
Wow y’all:(:( were all fighting the same demon,& 2turn on one another,Demon wins!!!!!!!!a lot of us NEED this site because of knowledge by others going thru-it…….BOBBI….to question in such a manner results in NEGATIVE,why…its our daily struggle & already EXPLAINED to deaf ears,BANKS/LAWYERS/ETC…..this site brings hope…..KEEP IT THAT WAY:-) 🙂 🙂 🙂
Bobbi…why don’t you stay off this site….the fact that you are part of ‘the machine’…well…it makes me wonder….the ‘gobbely goop’ or noise…actually has info embedded in it….clues…hints… we are at war…we lost our roofs…WE are fighting for you too…but please…take your ‘brokerage’ fees and post somewhere else. . . you are not ‘getting it’ so to speak… Florida…the State that stole the Pres election…. the good/bad news about FL is that w tidal rise….hurricanes etc….I would bet there won’t be a pan handle left in 5-10 years…nature wins everytime. Can you ‘Pan’ Handle that truth…..yeah….I blame Jobn Boner….crybaby traitor…ruined The Party….not the GOP…the other Celebration. But you wouldn’t know anything about that would you…..
Yes Bobbi the courts are corrupt and how well us floridians know this. I watch what my attny does like the back of my hand. If albertelli gets their way. They will steal my home away
Since I am on a rampage I’d like to mention just a few other arenas of fraud being made by so-called everyday people like worker’s comp fraud; unemployment benefits fraud; disability fraud (oh, that’s a biggie); food stamp fraud; medicare fraud just to name a few. It’s all funded by all the other hard-working individuals via taxes. Nobody cared about how that affected pocketbooks! When you talk about mortgage fraud, it’s just one more to add to the list. My own foreclosure was from fraud on the legal side where the note was lost, then found (ha-ha) and suddenly an assignment from a non-person appears. So it happens to even the unsuspecting and knowledgeable in the industry. Most of why we don’t win is due to the corruption of the judicial system and that’s where we need to start. Winning for one is great but it does not solve the problem and the shortage of having enough money to spend to defend ourselves against them outweighs the conclusion. Turning the tables and making our representatives take a stand against our current judicial system along with the ‘wins’ is going to keep this country from falling down the sewer. We have become lazy, lackadaisical and self-centered- lambs led to slaughter. We have so few good attorneys now who are not afraid to stand up. I search for truth on sites that can help; not meaningless goobly-gah. Normally I don’t post on this site unless it is for useful information or to provide some help to another. Unfortunately, this has become more of a social gathering site which must be so disappointing to Redman & Epstein. I don’t have the time nor energy to waste.
@ David – you can object all you like. I’m not in Oregon. I’m in Florida where we are subjected to very intricate licensing requirements. I am a fair and honest broker and my reputation for that is what kept me in this business for all these years.
@ Trevor – Yes, and I’m still in the business BECA– USE I did not take advantage of people nor put them in programs that were predatory or discriminating or that would take them down the ‘yellow brick road’ to nowhere. Let me tell you something, if ever the government puts enough restraints on the brokerage business to the point that it disappears then you ALL better watch out. The big banks (for the most part) are no longer in the brokerage business and most of them have all but closed their doors on that arena. Want to know why? Because it was the banks that got greedy in the brokerage business, came up with all these screwy mortgage programs for easy money and quick turnaround. They knew exactly what they were doing and they didn’t give a damn who got hurt. The only factor that played a part was the enormous greed that consumed them all. Now as the tables turned on them and the Dodd Frank Act went into play, they don’t want to conform to the rules. Exit all brokerage business is now their main purpose and it’s because they would have to obey the rules like the rest of us have all along!!!!! I make a living like everyone else and I work damn hard at it. I started working in the industry at the age of 17. I am a single mother who raised my children alone. I could not afford to send them to college and so they put themselves through college using student loans and grants. Don’t go slamming someone you don’t know or putting a label or blame on an industry that you know nothing about. And as far as the brokers out there that DID promote those programs well, my friend, I can tell you they were more than quite convincing on the disclosures. It would have taken Einstein to be able to read them, understand them and then convey to a customer or home buyer how they worked. As long as the economy was working smoothly they worked fine and that’s where the problem arose. It WAS NOT the mortgage brokers who brought about the financial crisis by any means and I’m really quite tired of those pointing fingers who most of the time are just ignorant of the real facts. Wall Street working in conjunction with the TBTF entities along with the rating companies put this crap on the market for a quick buck. They were rated AA+ under secondary marketing ratings which was a great appeal to mortgage brokerage firms and lenders. Little did they know that the ratings were a scam and so they proceeded to market those products.
In the end, if the brokers disappear you will be held captive to the TBTF with no boundaries and no regulations, no rules. You will have no control and we will become the ultimate communistic state.
In final conclusion, I object to ignorance. Those home buyers who got those goofy programs were just as greedy as well. Getting homes based on fake incomes because they never reported all their income to the IRS or worked under the table or buying a home that they couldn’t afford a year earlier but now they can yet their income stayed the same. Some of this wanton greed goes in all directions. Want to know where truth lies? Read. Read. Read. Never sign your name until you read.
Capitalism without regulations and Regulators is much worse than communism….we are seeing end of one way and the beginning of a New Way. Thank you Bobbi for being one of the honest/good ones…..there were no many. Maybe you can help this board w insider info….about what reallllly went down. Be an expert witness to Floridians…..why???? BECA– USE you know how the engine works….the stuff behind the curtain. . . I am disgusted at the molestation of my Courts…..sham….so yeah….you help 10 Florida survivors….tell them the weakness of the banks….the ones who put a roof over your head….I screamed bloody murder for years…..everyone laughed. Now its not so funny…..yes w a phone I can run the show….call it AI….somehow my prayers are being answered….so Ill keep asking the Angels for help….here and ‘there’…..maybe Bobbi…maybe you know a rich Floridian who has enough fn money….maybe he/she could sponsor a JD A Team…..to help others….victims/survivors. ..I care not what you call ‘us’….thinkaboutit…..breathe….no one hates you….we all deserve a fair game if we are being asked to play….the game is 21….not 22….or 27….or whatever the Banks want to play….you can’t change the rules mid game right???? Thats cheating…and cheaters never prosper (3rd grade lesson).
Bobbi…you asked about David’s sitch, its like this:
Suppose you buy a new car, a modest mid-size..say $33,000 out the door…you take out a loan…drive off….enjoy the car…make your payments…everything is fine….until..
The Dealer (think chase/jp et al….the ‘crooks’) decide they want to steal back the car….bc…well start telling lies….like ‘you bought a Lamborghi w floor mats and a custom sound system….you owe us 3X your Impala payment…..and you made your payments late’…’and we don’t like Veterans’…..
You’re like….’FY….I bought the Impala….there is no Lambo…Ive been making my payments…in full and on time..on the car I bought…So yeah I have a loan with you…I just don’t have THAT loan with you…no one does….its a ghostloan…a figment of the Bank’s disturbed mind….another fn lie!’
Trevor – Since I am a mortgage broker and have been for 44 years I am fully aware of how mortgage programs work. (though I did NOT participate in those wild programs in the early 2000’s). Anyway, the only way a mortgage can change is if he was under one of those programs where the rate changes, the payment changes (variable rate) or one of those pick-a-pay loans that ultimately took a borrower into negative amortization. If he was under one of the pick-a-pay and he only paid the principal-only payment there was a 5-year cap on that and then the mortgage would revert, adding back in the earned interest to the principal balance thereby creating the negative amortization. Otherwise, if he got a ‘vanilla’ type loan (Fannie/Freddie) with a fixed rate nothing can change except escrow payments if they were part of the monthly payment. Chase, WAMU, World Savings were all well known for putting out those programs as well as all the sub-prime lenders that were once out there. So when he says he made all the payments, I just wonder if those payments were actually principal and interest or if he had an actual fixed rate mortgage.
Trevor Hitchin
August 1, 2014 at 11:58 AM
Bobbi…44 yrs as a broker…wow..are you beside yourself this week or what??? I mean the banks…mortgage execs et al. will be falling (are falling…) and the sky is still standing….what gives? $16 million here..in JURY awards..$17 billion there in penalties…criminal complaints filed in every of our 50 Ststes…arrest warrants issued by QE7…what’s QE7 you ask??? The final quantitative easing….the crescendo…to this commedy of errors…like when the tetherball spins to the top of the pole…pauses…stops…then spins the other way. So yeah…I hope you go without investigations….subpoenas. …etc….simply put…I HOPE YOU didn’t contribute to this..our Country’s collapse….I hope your ethics were never compromised…I hope you did not partner w the devil/saturn so to speak…..I am sure you are honest….but 44 years….good grief!
so if I had not been abused by FretLife….American Home Mtg…Chase….and a dozen sleasy RICO companies…call them satan’s little ‘helpers’ along the way for 70+months….since 2006…then I would buy your argument that it was simply just a miscommunication on the ARM and the amortization mischief/creative calculating so to speak….I would say Dave maybe just did not read the fine print….HOWEVER….after talking w Dave….I think it is more along the lines of the Impala/Lambo scenario. I wasn’t trying to insult you or your industry. …but sir….the Mtg whores sold out America…..fracked our FDIC Trust….made us hate our Attorney Generals (idaho…duuuuuuh)….Judges….Prosecutors. ..Police Chiefs…..they whored out everything We the People stand for….glad you got yours….I earned mine the hardest way….then got robbed….twice….raped of my shelter…my home….my peace of mind. Yeah….mortgage brokers…agents (real estate and otherwise)….they got into a feeding frenzy, a gang rape mentality…now they (and other untouchables) are being attacked….so that our once Great Nation…our ‘rome’ has a last chance to avoid collapse…..and yes….ets are behind the scenes. …and like Tide tells us…it all shall come out in the wash…..(insert 8 more quarters for another cycle). I type this from my moving van….my new home….and no…you don’t need an mba to rent a van….you do need credit to buy a house….fk FretLife and Judge Bieter….they knew better because I told them…..in person.
Watch how the CIA crumbles next month w the US Senate’s 6,300 torture report….watch also how global ‘big hitters’ begin to battle the NY ‘fraud’ Giants….David and others have led them…the guilty ones straight off the edge….call it the Justice Buffalo Jump….the counterbalance…the Shift…..it does not take much to pop a huge Trump style ego…just a sharp pin will do….PoP!
I cheer the New Age….I cheer thr cleanse….arrest Steve Kandarian and DB Diamon….if I were your Pharoah for a year …even for a month….I would build a pyramid and invite all the 99rs from NY to CA to come watch the heads roll (or bounce) down the steps….and into a basket. So that it never happens again….ethics matter Son. 777
David Franklin
August 1, 2014 at 12:47 PM
I object to Bobbi comment the state of oregon banned my mortgage broker
for life for writing predatory loan to disabled veterans like me
and lying to a me about the loan terms like balloon payments
And hidden undisclosed loan interest charges in non complianc
With TILA and Respa laws
He by law will never write a predatory loan again to a
disabled veteran
Regards
david
Trevor Hitchin
August 1, 2014 at 1:11 PM
HA! After making my ‘PoP! goes the weasel comment about The Donald (how’s my hair…all four strands) Trump….I open the paper to AP article…Google Vera Coking….you Go Girl….awesome. She fought on principle till she was 86…♡ it.
Well almost chase charged me ten grand for a loan mod
then tried to foreclose then wrote a new loan without me applying
for it and then tried to foreclose then started extorting me
to pay double and triple mortgage payments for the same month
And now chase whistleblower employees have sent me docs
showing they have stolen about 100000 grand of my mortgage
payments to pay for their 42 billion in legal bills
regards
david
Chase cant seem to figure out how to foreclose on me wince i
Never applied for this loan and Ive never missed payment
I have to keep paying until i get a judge order to stop paying
As to stafne trumbull they refuse to help a disabled vet by the us vet
Administration who doesnt have a lot of money for
Never ending medical bills
Regards
David Franklin
Im currently being extorted by chase to pay my mortgage
Payment for same month and year two and three times,
So far they have allegedly extorted me for over 100000
Dollars
Regards
David – I can’t figure why, if you never applied for a mortgage, why are you making payments? You mentioned that you have never missed a payment….and by all counts by making payments you established that you owe a debt. Am I missing something here?
David, if you didn’t take the loan out have you considered the fact you were a victim of identity theft? I would think that Chase would have to have papers with your signature on it for the loan. I am so sorry that this is happening to you. We also tried contacting Stanfe Trumble about help but never heard back from them. However some of the information coming out of their cases is pretty helpful. I have gone and stood in front of one of our local Chases a couple of times with signs protesting all this stuff, but one person sometimes doesn’t make an impact. I get people honking and waving in support but not much else yet. I would have been out there more this week but it is to dang hot here.
More DOJ lawsuits against the big banks coming. Read today on cnbc website. Just have to keep the faith. I know we all have our individual battles to fight us everything else we have to deal with on a daily basis. Praying for us all. All the theft they have done will come back to them and hopefully in time where we all can see some justice enough that will put our weary minds to rest
a little tip on another scam
uscourts.gov
THIRD BRANCH NEWS
uscourts.gov | court locator | news
Public Alert: New Juror Scam Seeks Personal Data
Juror Scam
A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts.
According to the Administrative Office of the U.S. Courts, citizens received emails claiming they had been selected for jury service and demanding that they return a form with such information as Social Security and driver’s license numbers, date of birth, cell phone number, and mother’s maiden name.
According to the email, anyone who failed to provide the information would be ordered to court to explain their failure, and could face fines and jail time. The email also falsely claimed that it was affiliated with eJuror, an online registration program used in about 80 U.S. court districts
my answer to chase when I disputed their response to my uscfpb complaint
chase sends me these worthless responses either written by personnel who don’t know what they are talking about or by their attorneys in toilet paper white envelopes from gahanna ohio where chase oH4 is located.
addressing issue should mean that it is resolved to the satisfaction of the client or customer not chase’s version that they put some words on a piece of a paper while they steal my mortgage payments to pay their attorney fees . that is almost $ 100,000 so far and counting. this mortgage is one I never applied for and there are no loan docs for which chase originated without my permission. and I can prove it. I have talked to other chase victims . it is all the same story . harassment, extortion, grand larceny forgery of documents and continued false information from chase employees who are ordered to perpetrate this continued fraud. we will see all of them in court along with mr kevin watters and mr zsarro of the default management group. this crew at chase is the largest allegedly ongoing criminal operation on the planet. and that includes their corrupt attorneys that have milked this bank for over $ 40 billion in attorneys fees. this whole operation is driven by the quadrillion dollar derivate hedge bets on the mortgage servicing rights. chase just got nailed in the chavez vs. jpmorgan chase for fraud like being perpetrated to me for chase attorneys alleging they owned the mortgage but they do n ot and chase and their attorneys lied to the judge and the jury . and their arrogance in the yuba ca case cost them big and then another case cost chase $ 15 million for defrauding the homeowner. chase has crossed the line and so have their attorneys into the realm of criminal misconduct and their day is coming . the criminal case against chase is sitting in the U.S. attorney’s office in Sacramento, ca. being suppressed from going forward and their over 25 public organizations that filed a petition with us atty eric holder in reference to the $13.5 billion dollar judgment.
this response is worthless just like all the envelopes chase sent me from oh 4 with a fake phony return address on it and all chase execs do is hide behind their attorneys and employees issuing un signed by any chase exec documents. chase attorneys are so dumb they cant even coordinate with chase whistleblower employees who have sent me documents refuting everything written by chase attorneys in these uscfp complaints. when I attend the next jpm chase stockholders meeting i am going to propose to clean up this fraud and racketeering mortgage organization and fire all of their attorneys and stick to them with no payment for giving in adequate counsel to run a criminal mortgage organization to defraud and extort me and the American public
david franklin
Tricia
July 31, 2014 at 8:10 PM
David, I am just curious, I think you are in Washington State. My question is are you also dealing with Northwest Trustee Services? And have you seen some of Scott Stafne’s cases out of the Seattle area against NWTS and Chase. He has also been fighting some of the other Big Banks.
Yup, the cash is flowing all over the place except to those harmed.
Interesting, just had article on this case sent directly to me on BofA Hustle exec, no source Google to verify
“Bank of America has been ordered to pay $1.27 billion for ‘Hustle’ fraud.
A federal judge on Wednesday ordered Bank of America Corp (BAC.N) to pay a $1.27 billion penalty for fraud over shoddy mortgages sold by the former Countrywide Financial Corp.”
“Rakoff also ordered former mid-level Countrywide executive Rebecca Mairone, who was also found liable and was the only individual charged, to pay $1 million, citing her “leading role” in the fraud and calling some of her testimony “implausible.””
“The case centered on a Countrywide lending program that ended around May 2008, and which was known as “High Speed Swim Lane,” “HSSL” or “Hustle.”
Investigators said the program emphasized quantity over quality, rewarding employees for producing more loans and eliminating checkpoints designed to ensure the loans’ quality.”
“Bank of America has said no penalty was justified, and spokesman Lawrence Grayson said the $1.27 billion award “simply bears no relation to a limited Countrywide program that lasted several months.” An appeal is possible, he said.”
“According to her LinkedIn page, Mairone, who now uses her maiden name Rebecca Steele, recently started her own firm after working at Bank of America and then JPMorgan Chase & Co (JPM.N). The government had sought $1.2 million from her.
“Rebecca never intended to defraud anyone and never did defraud anyone,” her lawyer Marc Mukasey said. “Unfortunately, more powerful people chose her as a scapegoat because they thought she was an easy target. We will fight on to clear her name.”
U.S. Attorney Preet Bharara in New York said the verdict and penalties show that mortgage fraud “cannot be viewed as simply another cost of doing business in the financial world.””
It should be in the form of a motion instead of letter and filed
Electronically in fed court electronic court filing system with
Correct case no
That way u get a time stamp and receipt that will stand up
In court
Letters go to trash
Copy to settlement administrator amd your attorney
If about title bill it seems to be a too big to fail/Wall St approach that for the good of the economy you can’t have people questioning title. In the past it was 20 yr period to challenge and they want it cut to 1 yr and something in between. So depends if you’re a broker, buyer or had your home stolen or you side with banks, Wall St that we need to keep that stock market and poor buyers are the victims. Or something like that. 😉
LMS thanks for the good wishes. I have been up 20 hours a day the last few days hydrating her with an eyedropper but the most important thing her breathing is normal. I have only one more thought about my pressing issue and then i ll only watch the site . Obama healthcare is getting started and if he paid some attention to these loonies who use electronic harrassment micro wave guns , electric magnetic pulses, etc. he would srop many medical crisis under homeland security cause these nuts are a terriorist to anyone with a pacemaker or electrical problems in their body.
that bill is being pushed by all the attotneysr that profited from this fraudulent foreclosure mess and to protect the title companies who will have a lot of payback money.
Here’s something related to the title issue. Decisions being made tomorrow (31st) for MA people it looks like the double talk is pretty amazing.
Almost fell off my chair on this:
“Vetstein and Plymouth attorney Richard Serkey said banks have stopped the improper paperwork that led to the Ibanez decision so homeowners have already had years to attempt to regain their homes. Vetstein said those who have already begun legal action to regain title would not be affected by the bill.”
I am also going to send a letter to judge stearin David. I am taking your advice. I did try to call the clerk but they did not call me back. I spent all last weekend writing letters to the consumer protection agency so this weekend I will write a formal letter to the judge which will take the entire weekend to compose so I don’t sound like some desperAte kook I have always been trying for a modification and the bank has breached twice and lost paperwork, etc. we all know the excuses they have used for denying us. I would like to set a precedent In fla. My ex attny is also threatening me and I stood up to her. She threatened to “call the authorities”. And I’m not sure who or what she means. She took a 1500 down payment and 500.00 methyl payments and did absolutely nothing. I am putting her on the witness list Because she has my file and it has some damaging evidence against chase and she refuses to give it to me because she is claiming I owe her more money. I am sure they were working along with chases attnys because I showed up to my hearing and I had no representation and when I ask the banks attny why my attny was a no show, I was told that both sides had agreed that they did not have to be there. I had no defense
Working on sending more complaints and writing judge stearn this weekend. Already filed new complaint with consumer financial pb last weekend. Thks too hammertime
Thanks DDave. I hope the attny I have is thinking along those lines too. Right now it looks like he is trying to put together some kind of witness list and do discovery. But the only witnesses so far are the banks attnys and me and I will have slot to say if my attny does not say it. The bank put me on hold while this class action was being heard and then when chase lost, all of a sudden my foreclosure gets revved up and the judge signed off on the date for trial and she is not the same judge. I don’t see how she can set a trial date without having their facts from both sides. It is so rigged and obviously not in favor of the homeowner
Look im not an attorney and this is not legal advice
Go to wwwmdlsettlement.com and printout judge stearns order
Order and give it to your attorney and get him to file with atate court
Judge for a trial date postponement indefinitely since
Judge stearns order says he has taken jurisdiction over your case,if she
Does not submit sue her in federal court at your local federal court house
I did that myself against monroe county state judge in monroe county
In miama federal district court
Now i am totally disabled veteran so i can do it
And you can do it as well
But this is not legal advice
As caveat emptor says lawyers sell out clients every day
Allegedly
Regards
David
BOBBI SWANN
August 1, 2014 at 10:40 AM
David – the posting for the website you mentioned wwwmdlsettlement does not exist. Can you re-post the site again? When I google Judge Stearns a whole page of cases pop up so not sure which one you are referring to here. Thanks.
If they don’t know of the latest judicial precedents, you might make a motion for a short 30 day recess so that your opponents and your judge (don’t insult the judge, he has clerks that help him keep informed minute by minute) can familiarize themselves with Ocwen, Chase, Bank of America, etc. possibly confer with your state Attorney General who signed these recent judgments so everyone could have the same clarity of purpose, then reconvene with a better understanding after everyone had had a chance to read and absorb the judgments 🙂
Hammertime what do uean we have until the end of the year with these settlements? I am very concerned. The banks attorneys have set a trial date and the judge signed it. Obviously the judge does not know about the chasemdlsettlement. If the bank forecloses before I get modified. I’m out and the bank knows that too so that is why they are pushing the foreclosure.
The federal judge in boston has jurisdiction
Over your mod and foreclosure ban
Under the mdl settlement not the state judge
contact judge robert a. stearns thru the mdl settlement
My understanding is you can make complaints to AG, CFPB etc over violations of the standards and improvement of process, mitigate harm done that was the purpose of the National Mortgage Settlement. So not just matter of the $300 payment people got last year. I would look at whether their foreclosure is valid, once again and question everything according to the settlements which is your homeowner bill of rights – dual tracking, single point of contact, valid transaction, chain of title etc. They are getting credits and are trying to get a clean slate. Not at home so review what you can. My complaints to CFPB regarding settlements, HBOR have helped me to stop sales without a lawyer and resulted in evidence. I also copy local officials etc as we’ve talked about.
I.m rereading your comment the sadistic one is not my landlord only a downstairs tenant . We have some nice people Sandy victims all people stuck with putting a roof over their head. Very few are not transient I’m here much longer than i planned. The tides are turning.
I think he is on s.s. on i don’t think that can be taken away and shouldn.t be taken away from anyone if they earned it in a working lifetime. I think even in a judgment thay cant touch s.s. I’m not sure .I am not a lawyer. I am an artist, a far cry from what i work on now.
In NY it is not refundable. I think in California it is. The leases are adhesion leases take or leave it in the landlords favor. and they want the tenants dumb.
I understand Marilyn, but that should just be security deposit and refundable when u leave. but just like all this creative financing that caused the financial meltdown, I am sure they are wording leases in a way that the tenant will lose. you can do better and fight on.
This REIT is a garden complex, one of many wall streeters own and like a lot of REITS take dogs for a fee of $500. per dog. They go out of their way to make you leave so they can get the next tenant with a $500 fee.
same in my neighborhood. The reits that bought up the single family homes and rentd them to a bunch of thugs. I certainly would not refer to them as neighbors because there is nothing neighborly about them. these investors do not care, they just care about the income stream and your landlord, is probably employed because he knows somebody
Agree hammertime. Have to somehow turn the foreclosure into a criminal matter which it has always been. In my case breach of ontract and the latest class action to back it up should be sufficient. Plus I have all the payments I made and all correspondence qualifying and offering a modification. This is criminal and the fact that they slammed me in foreclosure was just a distraction to hide their criminal activity.
Trevor- want to thank you again for giving me the info to reach the Homeland Security site.
If one hears or sees something, one has to say something and to me zapping a neighbor
with micro wave or electronic magnetic pulses is sick behavior , how sick this person is i would think Homeland Security What would be concerned with what lurks behind his facade of a loner
and sadistic person who does such things. It could be more than me and my dog I’m trying to save. .
Marilyn. Just stay clear of that creep. He obviously played on your desperation to find shelter for you and dog. I have not had to rent so I don’t kno what a landlord will ask to qualify a person. I would just change your acct numbers or bank. Pay them with a cashiers ck or money order so the creep will no longer have your acct info. Should not matter how their paid as long as it cashes. And when possible start looking for a place where you and your dog will feel safe
LMS53 I did all those things. When I started to see all the things that go on in the REIT i did all those things. I always gave them bank checks when I discovered the leasing agent deposits all the checks with his smart phone and the banks can Imagitell whose acct it comes out of but not where it is getting deposited to. I ran the leasing agents name thru the internet and found out he has two felonies and later found out it was for credit card fraud
I tried to leave but they have me on an illegal black list and could not find a place with my dog. I am tired with the foreclosures and I definitely was not looking for these issues.But someone broke into my apartment while i was busy at a library with the foreclosure and stole all my old bank statements, all the tissue duplicates of the bank checks, everything with numbers, i and the bank stopped it before they used it but it sure sounds like an identity theft issue. Why would a REIT hire a felon with credit card fraud to take everyone who applies for an apartment their social security number, all financial info not mentioning names this is one of the big REITS
“When asked why homeowners even with lawyers keep losing their homes, Bradford gave a haunting reason: “Most supposed ‘foreclosure defense’ attorney are giving the homeowner false hope when in reality their only strategy is making refuted arguments and filing useless pleadings to drag out the inevitable foreclosure. Moreover, these legal charlatans charge their hapless victims tens of thousands for the privilege of losing their home. Unfortunately, legal incompetence is one of the major reasons so many homeowners have lost their homes.” http://www.veteranstoday.com/2012/03/21/mortgage-fraud-examiners-warns/
Some industry pundits muse over whether foreclosure defense lawyers commit legal malpractice by failing to examine the mortgage transaction. Bradford explained the issue: “Bar ethics counsel has made clear that attorneys commit malpractice by failing to examine contracts when there is an allegation of breach. A foreclosure is basically an allegation the homeowner has breached the contract by their failure to make timely payments. The servicer sends a notice of default and accelerates the loan pursuant to contract. Doesn’t it make sense for the foreclosure victim’s attorney to examine the contract and related documents to determine whether the lender breached first, there are any errors that may void it, and/or fraudulently induced the homeowner into the contract? Common sense dictates that attorneys should be checking whether the mortgage is even enforceable before tackling a foreclosure.” http://finance.yahoo.com/news/homeowners-receiving-multimillion-dollar-awards-155900638.html
Excellent articulation of what I was trying to say earlier, from Garfield/Yuba post:
“elexquisitor, on July 23, 2014 at 2:38 pm said:
United Law Center in Roseville, CA, has had a number of successes in settlements, mostly for loan mods. and the laws have shifted quickly over the nexus of contract law and real estate law. The actions of PHH were egregious and left a lot of evidence behind. Apparently the judge allowed discovery and the homeowner had something to work with. And the jury is likely sending a message to the courts as well as the banksters that they don’t appreciate the clouded titles left behind as a result of CA case law rulings.
I wonder if we are seeing the first judges who see the writing on the wall, just as my case was filed with the CA Supreme Court. And the first judge has already given the borrower the home, so the onus of that ‘honor’ now falls on the Kalicki court. Hopefully that is all it will take to keep the judges from tipping the playing field against the homeowners.
BTW, the count for publication of Kalicki is 18 – 0 as of this morning; all non-party.”
Philip Linza was the PLAINTIFF in this case and he took the case to criminal court; not the same as PHH suing for foreclosure in civil court. He sued them for criminal activity and that would result in a jury trial. Oranges and apples!
Yes, another of the misdirects that judicial is good, non-judicial bad. What good is judicial if judges are corp minded to put it nicely. Goes back to what we were warning folks when this modification settlement was being pushed. Still didn’t fix title etc. What Garfield has said repeatedly and cases that have lost have shown repeatedly you can’t claim fraud if you’re acknowledging and negotiating for a mod or acknowledge debt in the foreclosure and don’t have specific facts. You’re dead before you get out of the chute, if that makes sense. (time out – just my understanding, not legal advice) That’s where I haven’t budged with JP MORGAN Chase for 4/5 years. Now, have they committed fraud on top of fraud by not honoring settlement, and the mods in the first place? Just like they haven’t honored nat’l mortg settlement I wouldn’t be surprised and neither should anyone else. The Kalicki case is 2/3 years old! If I don’t know who has authority betw Chase Bank, JP Morgan Chase, Chase Manhattan, BofA, New Century, WaMu IN MY CHAIN OF TITLE, why would I accept a mod that they are trying to shove down my throat which has a bogus requirement to boot? And they said they were forgiving $500,000, NOT a misprint. I hear the golden gate bridge is for sale. On top of actual fraud the Yuba case jury nailed them on their arrogance so keep documenting and making complaints.
We should be entitled to counter Sue and ask for damages. Former attny counter sued and in their counter claims demanded a jury trial and for attnys fees and I am hoping the attny I have now will raise those claims again. They were dismissed without prejudice. Meaning they can be raised again, but now that a trial date has been set, I fear it could be too late to raise them
I would look at Kalicki case. There Chase, not a small? mortgage co like in Yuba, was caught claiming a WaMu loan was theirs and they were found to commit fraud with false documents. Again though you have to look at the facts of your own case but now they can’t say it’s our wacked out imagination.
florida is one of the most corrupt states. at least CA has a bill of rights for homeowners. I am going to inform my attny that I am not waiving any of my rights and see what he says. MSN just name florida 10 of the 10most corrupt states and I believe it.
Bill of Rights or not we have to keep questioning until we end this. The lawyers, agencies, non-profits in CA are not enforcing them per my experience but I still have them to stand up to them. You and anyone with a Chase, Wells Fargo and other loans in the settlements also has them at least until the end of this year. We have to push to demand they be upheld. Go to the file sharing site and you can download the settlement or go to the national mortgage settlement page.
I have an attny. How do I inform him that I am not waiving any of my rights. He is not responding to me and today I wrote to him to ask him about his strategy and ask him how we can turn this foreclosure case around to what it should be, a civil case for breach of contract against chase. I am very concerned because they set a trial date and it’s says a non jury trial. I have never waived my right one way or the other. I have been pro se up until they sent a notice of setting non jury trial which they never informed me of a date. How can the banks attorney just send a notice like that. They do not make the decision that it is non jury
LMS & everyone else here questioning jury trials: Read your mortgage. Fannie/Freddie mortgages as well as most others, have a caveat in there that states that you ‘waive your right to a jury trial’ so the minute you signed that mortgage, you already waived your rights. No foreclosure (at least in the state of Florida) has a jury trial – those are only warranted for criminal cases. You really think the biggest insurer and investor of mortgages throughout the USA isn’t going to cover their arses? These Fannie/Freddie forms were revised throughout history and more recently just BEFORE the financial crisis hit. Think they didn’t know what was going to happen? Gangsters, all of them! Not just Wall Street and the big TBTF banks but the Federal Reserve and Fannie/Freddie. And they took your tax money via the TARP funds and still screwed you! Get off the kick for jury trials….ain’t gonna happen!!!!!!!!
All court rules provide for jury, unless both parties waive that right. You are the party that does not waive that right. A jury is required for precedent setting argument, and lack of a jury is grounds for appeal and reversal. If you waive the jury, you are unable to appeal on that point. Without a precedent setting argument, an advisory jury is empaneled on request of either party. The judge can still make a judgment, but you can appeal if advisory jury does not agree with judgment. Your judge is corrupt. It is readily apparent with a statistical analysis of his judgments. The best info on juries is in Blackstone’s Commentaries, amazon.com, 2800pp. or on bettermarkets.com. The legislature has written some unclear legislation in Dodd-Frank, and the enforcement arm of government is obviously uninterested. Our only hope for redress is judicial. If the judges are corrupted, you need a jury. Get one. Juries are not bound by precedent. They represent the interest of the community. They are allowed a great latitude in considering effective redress and punitive actions.
Great info. This is along the lines I’m thinking and how the Homeowner Bill of Rights in CA requires us to think out here. Not legal advice but the law is set up so you can’t sue for damages unless a sale has gone forward. At least not the damages associated with the new parts of the law. The settlement post, monitor response also shows the distinction between civil damages and personal actions.
thanks Trevor, before you gave me the connection i pressed in Homeland Security – and nothing came up- how many ways should one have to GOOGLE HOMELAND SECURITY THAT THE COMPUTER RECOGNIZES WHAT YOU WANT?. waiting for return of my stolen proper I am becoming toast (burned) by a microwave gun LIKE CHRISTINE says.
It’s what’s called a wedge issue, it’s just taken a bizarre turn this time around. What scares all the elites in both parties is if we focus on our foreclosure nightmares and make them all account for all the trillions Wall St and their allies in govt took away from US. If you put a fraction of the trillions into our neighborhoods, our businesses and in our hemisphere would 50,000 people somehow have snuck up on us? Doesn’t make sense just like the fuzzy math of how we bad homeowners destroyed the economy and somehow lost our values from the good ol’ days.
Hammertime, be very careful about using the word ‘paranoia’ on this site……you’ll get lamb blasted! Paranoia???? Are you kidding…there’s no such thing as that here…LOL “They” are here, “They” are watching, “They” are here to destroy us, “They” are responsible for this and that. Who is ‘they’? Sounds more like that Geico commercial on TV…or the Orsen Wells radio broadcast (War of the Worlds) that everyone thought was REAL in 1938. Well….stupid as as stupid does.
hammertime
July 30, 2014 at 12:30 AM
I think LMS has real questions and you have given great information from your experience. I hit the wall a couple of months ago and wondered if up was up. That’s why I hoped that people would post their docs in some form so we know that we’re working with real people and real information. Some people are also under great duress and it spills out on screen which is the greatest crime of the abuse of these lenders and elites in both parties and in all branches of the govt. But I think we are at a critical juncture and people need to step it up and focus on what’s important. We need to put aside our personal, cultural, political and any other baggage aside if we have a chance to make things right for our country and not just ourselves.
Dave took some quick action on the settlement post and actually got a quick response. Some in interesting info that we can review. Here’s the link to the response. Will need to register/login to download. Can review comments.
How do you know if you are waiving your right to a jury trial. the local county court isso corrupt. they are going for summary judgement. I had to get attorney, but don’t trust himher. not returning phone calls and needs to turn this around from a foreclosure to breach of contract
I ended up living in a REIT with my dog and have a whacko felon living below me with electronic guns, ADS aqctive denial system and electric magnetic pulse and he keeps zapping me and my dog and we are both getting tortured and sick.
they’re a scam. Go to PBGC first. To get to a jury, merely don’t waive your right to be judged administratively. For new law, a jury is a reasonable request. For administrative law, due to the obvious corruption of the judicial branch, an advisory jury is a reasonable request. Address your plea, and all your documents to a future jury of your approval.
Good Luck with getting any jury anywhere!! If jury’s heard and saw the fraudulent foreclosure practices we are alleging, this hell would be stopped! No Jury’s are ever used in these unlawful procedures!!
Hello yall:-) i’m still battling chase,my Question is,The Home Defense Network,,,are they friend…..or Fo????ANY INFO ABOUT THEM will help us determine speaking with them,THANK U,in advance,Angel
If that pic isn’t Rick Fox formerly of the Los Angeles Lakers try him out. Have you ever put details of your situation on here? Give them a try but don’t sign anything and let us know what they say. Usually they’ll discourage you from taking legal action and push you to short sale or mod so depends on what your goal is and if you want to risk bad title. http://www.thehdn.org/homeowner-defense-network/meet-brett-robbins/
Angel….I responded just now to Ms. Lane. You may need to scroll through ‘older posts’…in short..if its the 619 area code Co….they passed my test….vetted.
Everyone needs to know what these banks have done to people who have in good faith tried to pay these banks. Chase breached contract with me and 1000s of others and then they slam the poor homeowner in foreclosure and try to make the homeowner look like the deadbeat when in reality they are the deadbeat. I will go to the fbi in Miami, but will they listen.
Trevor…do u have any feed back about an email I keep receiving,The home defense network..searching for victims of mortgage servicer abuse…are they an Ali or another scam?
Trevor Hitchin
July 29, 2014 at 9:46 PM
Ms. Lane….here is my report on the San Diego based Co…as you may know there is/was a co using the same name. …they were reported and are likely being shut down….or have already. The 619 area code IS a friend….I just spoke w the owner/principal and was convinced….they are a Service Provider and have a pulse on the trends…even the new ones *wink. He said a debt consulting guhru once investigated 700 firms in 14 years….he said the researcher told him that he was one of only a few trusted….I believed him…so if you’re looking to report a scam….the SD co is not the ‘bad’ guy…if you’re looking for options….I would call….what harm could it do. We had ‘the talk’…..pause….12 minutes worth…..maybe he will cut you a 4closurefraud discount?….No…I am not a paid actor….I just help and upset people on the internet when my Cricket phone/computer is paid and on and working…..im passed due and should have no svrc tonight so perhaps you were supposed to read this….. that’s all folks!
Trevor Hitchin
July 29, 2014 at 10:35 PM
Angel…you by now realize that the HDN opinion was for you….Ms. Lane should know that ‘they’ in San Diego have direct (read: strong ties to the legal community. …those who now ‘get it’…ties now being anchored in truth (real judgments/awards) v. fiction. I think a CA based firm would be ideal…the big ones know the score and have advance knowledge of the color wheel spin from red to purple..being a tidal community they also understand the concept of tidal waves/shifts….sometimes it just works out….sometimes you either change or die…or like the vatos of east l.a. would say ‘get eeeen…ride or die homey?’…. by this I mean simply that the times are changing at lightspeed…lawfirms will either change/ride (support the underdogs) or they will die (become We the People fodder/chum)….the magic numbers tonight are 180….as in real estate lawyers/firms nationwide are spilling their starbucks and throwin’ her in reverse….turning 180 degrees…on a dime (with Flame still burning)….6s —> 7s…then 7$$$$…
Hi David f. Glad to hear chase stopped harassing you. That is illegal anyway, but that is illegal as a “debt collector”. Did u c hammer times post about The case of modification Fraud. We just need to hang in. I sent complaint to Chase about them not honoring the latest clas action that Chase lost. As in thAt case that hammertime posted, Yuba or something similar case, WE the people have had enough of these banks crap. The guy won 16 million with a jury trial. Some how these case need to be in front of jury’s to be decided and then the banks would stop their lies and deceit
I am trying to channel the ‘collective chatter’ on the Fairways today:
‘Jesus Tom…you sure are playing a lousy front nine, everything alright w Christie….the kids..rates are low…refis are high…what gives?’
‘We’re being investigated by the Feds…foreclosure files…DoJ sent the letter last week.’
“Heeeey Tom…..how ’bout we do that back nine…..uh……some other time…huh? Yeah listen I gotta go…we’ll see ya…great hittin’ whitey w ya…hi to the kids….uh…don’t sweat the small potatoes, eh….uh……well look….who’s NOT being investigated these days…..uh…I’m sure it’s nothing….I mean…fk I don’t know what I mean…….Valet!!!! the silver Mercedes there….w the plates ‘MERS666’….YES of course I know there’s a second half…….ah just get the car would ya Son….on the pronto…hurry boy hurry!!!’ (In best Caddyshack Judge Snells voice/persona). The Joker says something on the subject if I recall…. ‘oh they’ll turn on you…..on a dime they’ll turn on you…’
Good luck with doj
They are in fed court in dc over chase 13.5 billion settllement
And congressman issa from CA IS ON THEIR ASS TOO ABOUT CHASE
AND US DOJ IS BEING SUED IN SAME COURT ABOUT CHASE
SETTLEMENT WHICH IS A JOKE SINCE CONGRESS GAVE CHASR
90 BILLION FRR OF TARP TAXPAYER MONEY WHICH CHASE
GETS TO WRITE OF ENTIRE SETTLEMENT AMOUNT LFROM THEIR
INCOME TAX
REGARDS
DAVID FRANKLIN
PLS SHARE IF YOU WISH ABOUT DOJ LETTER
CHASE HAS STOPPED HARASSING ME AND MY ATTORNEY
SINCE I FILED CHARGES WITH USCFPB CONCERNING CHASE
EXTORTION OF ME AND GRAND LARCENY AND THEFT OF
MY ESCROW FUNDS AND MORTGAGR PAYMENTS AND MORE
ahhshucks…..’zilla takes bow…stop chewing Kandarian’s flagpole for a wink and smile…delivers a tribute to Lou Gherig:
‘today……yyyyy…
I ammmm..mmmm. the luckiest dinaaaSour
Walkinggggg the face of the planet….echo echo…I am being….g
Driven….from my quasi-home of boise…e… more echo…..by bullies…under the colors….rrrrs
Of false Authority……retribution by Gov Otter and his cronies not crownies…
1♡….give the peopleeeee what they want…and Justice for all….RooooAR…exposes teeth..big1s.
the sunnnnn also rises….there is always a bigger dragon….(smoke + fire out of nostrils)….tucks head and wings….turns red..m…returns to duty…flys over a few blocks… checks on Jamie choking on cancer treatments on a Friday night. Karma is earned….circular…and well…..tides shift. HRM hates to be embarrassed. ….as The Dragon Family has sealed…..watch the fireworks from a safe distance. ….. wait until the hancuffs come out…. Good Friday to all….777
“Did the Other Shoe Just Drop? Big Banks Hit with Monster $250 Billion Lawsuit in Housing Crisis
Posted on July 16, 2014 by Ellen Brown
For years, homeowners have been battling Wall Street in an attempt to recover some portion of their massive losses from the housing Ponzi scheme. But progress has been slow, as they have been outgunned and out-spent by the banking titans.
In June, however, the banks may have met their match, as some equally powerful titans strode onto the stage. Investors led by BlackRock, the world’s largest asset manager, and PIMCO, the world’s largest bond-fund manager, have sued some of the world’s largest banks for breach of fiduciary duty as trustees of their investment funds. The investors are seeking damages for losses surpassing $250 billion. That is the equivalent of one million homeowners with $250,000 in damages suing at one time.”
THANK U,TREV:-) & I 100% agree,I know I’m getting the run around,but I’m OPEN to all info to propel me on ”right path”i will use your info & thank u so very much for responding:-)
Angel. ..after this weeks puni awards…hey $16 million is not so small…they will be coming out of the woodwork….the lawyers….the + 1s and the – 1s…. blood attracts sharks and Orcas…you need the latter. My point is this….you will likely not find a KY Mortg Def Atty per se….you may need to convince a strong….courageous. ..progressive Firm or indiv….that you now need results…action…you need a professional to cut against the grain so to speak…..you may need a RICO shotcaller/atty….you may find one who used to prosecute white collar crime…..be open to all possibilities. ….copy your Atty General…even Red states are turning purple…the smart money that is….you think QE would tolerate fraud w her holdings??? Banking fraud is bipartisan. …handcuffs and financial settlements don’t care about your political affiliations…a hole in the bucket hurts everyone….again…be open to finding a 20 something…freshly minted JD…with integrity…w a desire for truth….justice…and the (new) American Way…you need fearless representation. …ask the Dean of Univ of Kentucky Law Scool for a couple names….recently barred….w integrity <—— key. In the MLB…Mike Trout went from rookie…to rookie of the year…to MVP….$100k to $100,000,000 in a few seasons…you need a Mike (or Michelle) Trout.
Hope these esoteric words at least make you think….good luck in your search. Keep us posted. Hitchin posted….Trev.
Goodmornin:-) I’m in DIRE NEED of knowledge!!!!!Who is the BEST mortgage defense lawyer in ky?I have a lawyer that is sitting on my case,2years now,he hasn’t challenged anything,filed no motions,,stringing me along I need to END this nightmare:-) Thank U in advance 🙂
It doesn’t have to be in ky,just able to practice/defend me in ky,I missed NO PYMTS,Never requested loan mod,I’m dealing with Bank induced default from forced placed ins
Hi Bobbi yes it’s called first look where no investors can bid and any realtor has access to these listings through MLS. Realtor .com also list Fannie maes on their website. I have bid on a couple during first look and it is very shady. Closed bidding. Definitely not what most of us would refer to as arms length transaction. Thks
Where can I read about Yuba case. The banksters continue on with their illegal acts and manipulation. They are packaging rental payments as securities now same as they did with mtgs. They r out to steal as many homes as they can. As long as these big banks can re invent the wheel to make money. They do not care whose lives they ruin. Watch what is happening out there once the homes are taken over by Fannie or Freddie.
oh no you did_unt…….
Rust Consulting…..IFR. . .was neither independent nor was a Review ever conducted. It was Act II of the MetLife + 12 Banks Chinese Fire Drill….we waited YEARS for justice…..years…most recvd $500…..but they fn lead us to believe we would get a ‘review’ and that it would be ‘independent’….afterall…it was a consent decree from TX based Dept of Comptroller….The Eagle….We the People….the survivors of Snoopy’s fraud…we waited for Justice….it never came…’the calls were coming from inside of the house’ so to speak….remember….Boise’s Mayor Dave Bieter has a brother….the Judge in my case….he dialed in and awarded it to FretLife on a Summary Judgment. …..now…back to the Chinese Fire Drill……as Rust Con.slut.ing was whoring themselves to the Feds….but only acting as a ‘payer service provider’….the real cons were the Big Four Consulting firms …..paid to review and ‘bucket’ the abuses…..think circus act gone v v wrong….remember. …we are waiting for checks….trying to fn eat….trying to NOT live on the streets…..we won Justice…..but in the end…many of us felt insulted by the miniscule payments…and the wanton and reckless process. …Rust..Mr. Potter…C-uh-oh….should be arrested….for fraud. Dont get me started on Rust Consluting…..cuff and stuff them all….start w Kandarian and Diamon ….. traitors to the American Dream.
Yeah they watch us….but we watch them….1♡. Never give up…never ever…ever said trevor!!!
777
Hey Boehner’s suing the President. Let’s class action them both along with Bush, Dimon, Murillo, Foreclosure Phil, Gheitner…etc etc…we’d never win but would be an awesome complaint
Ok uh duh me, just never recognized abbreviated, yes and if there had been independent foreclosure reviews, more people would still be in their homes and of course this would have exposed the banks illegal activities like the latest settlement with Chase where they breached implied and expressly.
The problem is we treat it like ancient history like the media does. Sen Warren even threw us a bone telling the banks they needed to provide information on unlawful acts if people went to court. Wonder how many people have brought that up.
Completely agree and I will let everyone in on this. When Fannie Mae list the properties that they stole from the old homeowner a lot of these transactions are not “arms length”. It’s supposed to be a period where investors cannot bid and the bidding is only open to someone that must agree to live in the home for at least a year, but this does not always happen. I watched a realtor purposely not advertise a property during the buyer period and now it is open to investors. The RE listing agent has some connection with banks to get the listing from Fannie or Freddie but they are definitely not selling these properties at arms length. Very very shady dealings in florida
BOBBI SWANN
July 25, 2014 at 10:26 AM
Where did get your information on the selling of Fannie Mae properties? Fannie only uses their website: http://www.homepath.com to sell properties. When there is a sale of one of their REO’s they convey using a Special Warranty Deed that specifies that the purchaser cannot SELL the property for a year. Fannie has always opened all of their REO’s to owner occupants and investors. They have several different means by which they sell their properties so I would suggest reading their site (above). ALL properties are submitted via this site and not direct to a Realtor. Never heard of this ‘buyer period’ but they do have a ‘first look’ period where Fannie will pay a portion of the buyer’s closing costs when the property first comes on line.
Hi hammertime. This class action was more about breach of contract and damaging our credit and stringing us along and chase continues to do it. They basically lost and had to pay but also we r supposed to get new mods and they r supposed to do away with fees and hopefully the back interest. The National mtg settlement addressed the dual tracking. I got 500 , big deal. In Ca. This settlement should be recognized. This state was one of the main players. Florida. Not so much and there was only one family and they settled before and basically opted out. I am not sure how I came to be part of it. I know I made a lot of complaints after the first breach and the lawsuit is for plaintiffs seeking loan mods prior to 2010. That’s how long I have been fighting chase banksters
Hi Lms, the NMS really addresses alot more than dual tracking but media, lawyers, politicians only focus on one or two things like dual tracking and single point of contact and we ourselves repeat it. The payoff by the IFR was only one component that remember was corrupted by Chase only giving files with less than 1 pct problems while HUD had found like 99.9% problems or something outrageous like that. If that settlement worked for people fine but you may give up other grounds such as broken chain of title or fraud like the Yuba case. Then my understanding is that Chase and other banks are manipulating servicing to get foreclosures going which David has focused on as an issue there in your case. It seem they want to foreclose and that way not have to abide by the settlement? Even if they won’t listen since they have blinders on we need to keep challenging what’s going on. Beyond that if you guys shared your information you could have a good perspective on what’s going on. If we all put the effort we could show the manipulation is many forms and ongoing and we’re not just whining or deadbeats etc. That Yuba case and Garfield’s comment says it all but no magic bullet or formula; we gotta focus on the facts not just lash out. Hope I’m not lashing out! lol
That’s what I think is happening in the local court. I think the banks attnys r paying off defendants attnys and if u have one. You have to watch every move they make to make sure they r acting in your best interest. That is why I am hoping the chase settlement can link to the local court because that class action lawsuit explains every dirty trick and illegal, unethical and fraudulent thing they have done to try and steal my home and it will be exposed
Marilyn you do what you have to do. The world is filled with trickery and deceit. These times we r in r wicked and we have to survive the best we know how.
Bobby, you misinterpreted what I said about judgment reversal. It wasn’t my case that was reversed it was the bank I am fighting-their case against the government that was reversed.
And it is the bthat bank that is hacking my computer my home phone and cell phone. But I still have no doubt we are monitored. .
Without a doubt we r monitored. In the beginning I had no problem. And then after this became a pretty much daily site for me, problems began. I don’t have the slow or skipped typing any other place
Bobbi. Which settlement are I referring to? Yes the national mtg settlement has not benefitted anyone. It really has been a slap in the face for the homeowner. I am in fl and the chasemdlsettlement was a federal case and I am using it in the courts locally to cease my foreclosure action. Federal court decision should trump the local court.
That’s funny just as I was answering you the site slowed down and crashed. Just paid my internet too! Local govt and those who were hurt less or not at all ad got their mods benefited. It’s not the settlements though if you look at language except if Bobbi has some specifics. In CA they are saying since the language said agencies could give aid to homeowners OR go to non-profits or possibly just other government etc then it was ok to ignore homeowners by law. That’s where CA Brown is getting sued. The other thing is the agencies, lawyers, judges think it’s only about dual tracking when it’s alot more and gives people homeowner bill of rights even if state doesn’t for the banks, states included. I would still include or make complaints. The other deception banks are using is that since they paid in IFR then that’s it. We can still make complaints through this year and they need to comply. The real slap in the face was the IFR. We should be asking for investigation on both or challenge them somehow.
Lms53
July 24, 2014 at 4:06 AM
What is the IFR hammertime?
hammertime
July 25, 2014 at 1:16 AM
Independent Foreclosure Review, the Rust consulting fiasco
Bobbi doesn’t see what i see. If one attacks someone foreclosed on with identity fraud or credit card fraud our energy get divided and we give up. Not me I’m a fighter I’ll go the credit card and identity fraud alone. So I won’t bother you Bobbi with what I am seeing. fighying the bank is enough sorry
Yes hammertime. This website is a daily reading for me. I wonder where Tom has gone. We all know how much daily life struggles are and on top of it all we have to further struggle to keep our home It’s good that we all let each other know what Is going on with our individual foreclosure issues. I felt like the chasemdlsettlement would help my situation out until chases attnys tried to speed up my foreclosure so they can null and void me from the settlement benefits. We all know here that these banks tears have many very dirty tricks up their white collar shirts and they should be charged as career criminals because there r no signs of them stopping their illegal actions mainly theft to steal homes
it’s called sun setting precedence. … jury likely made up of 99ers…you know…folks like us. . . honest…god loving Americans…tired of the fraud. Great News and thank you for sharing…..angelic. For all the $h talking I do…nice to see the chips falling…thousand(s) more juries/victories to go…like dominoes. Timber!
“Yuba CA Jury Awards $15 Million in Punitive Damages
by Neil Garfield
So let’s say you are thinking that those deadbeat borrowers are just trying to get out of debts they owe. And to spice things up the borrowers say it is the bank who screwed everything up, not me. And you laugh at their pathetic attempt to save face when all they do is spend money doing nothing at all to consider whether they will have enough money to pay their mortgage payment to whoever is demanding it — because why would they demand the payment when nobody else is unless they were the creditor and how badly can a bank really screw things up?
Oops, that borrower just got $15 Million in punitive damages for their $500,000 claim against PHH. So what are they now? deadbeats that are rich and don’t need to worry about mortgage payments?…”
As an example I’m all over this stuff every day, when I’m not battling Chase and every other attack on me, but I had missed the Kalicki case where Chase was caught committing outright fraud on a WaMu loan almost 2 years ago but Dave sent me the link which I had missed or he helped reinforce it. Either I forgot about this case as the only reason it came up was the loss of over $200,000 in attorney fees Chase appealed. Along with all the other lies the mainstream and our officials can’t ignore this and say we’re internet crazies.
Almost missed the main point. I’m using this case along with more of Chase’s own “mistakes” with my local officials. Chase’s NPV chart had my property with a $10 value keeping in mind they made me a $500k forgiveness bogus offer. Although they say it doesn’t mean anything it appears to have gotten attention from people. Then there’s the lawsuit of City of LA against Chase while I live day to day with $15k in rent the City should have released since December. Then there’s the CIty’s lawyer….will be a chapter in Trev’s book but I’m working on my own novel. Eric, Kamala, Jerry where are you? Will be working on some good hashtags.
This site still serves a great purpose and it needs to be a combination of fact finding, information sharing and social media or we’ll all be on an island. What value will it be for those of us that have been able to defend ourselves to “win”? On the other hand talking abuse without taking action is like a victim codependency. Not aimed at anyone. There are still possibilities as Trev, David, Tom and others have put forward but we need to be able to back up what we say. If people won’t participate on a group effort scan in your docs, remove names and put them on a free web site and link to them and we can back up any complaints. Otherwise there could be bank trolls just muddying the waters with little effort.
Hammertime, I agree wholeheartedly and yet at the same time the laws of foreclosure vary from state to state where there are gaps in federal laws the state laws supercede. One post does not serve the mass on this site. The foreclosure laws here in Florida are so extremely different, let’s say, than in Georgia. Many laws have been passed within each state authority with regards to foreclosure prevention and process that it’s nearly impossible to know what is going on where. It only muddies up the water when the site strays off on personal issues that have no bearing. Has not anybody noticed the amount of posts by the owner(s) of this site? It’s just become too much of a ‘social’ site for TMI that has nothing to do with facts or ways to help with battling foreclosure defense. When I have to scroll through 20 posts to find one of importance it is a real shame. That is not what Michael Redman & Lisa Epstein wanted when they put this together. So now, I rarely put a post up or comment too much anymore. I am a fighter so when someone ruffles my feathers I am going to speak my piece.
hammertime
July 24, 2014 at 12:19 AM
I see what you’re saying but it’s kind of a chicken/egg situation. A message board has it’s limitations. On the other hand the foreclosure process has been so corrupted whether judicial or non-judicial etc the human element is necessary along with the nuts and bolts. The key is to be effective. My hope was to have the file sharing site compliment this board while it could also be expanded. Last 2 months have been non stop though. With a full content management system (CMS) people can have private conversations, vent, and we could decide what gets out there as a group and manage membership. The simple postings I was suggesting can be searched by key words. I’ll try to revive but may need to work on some ideas along the lines of what Trev, David, Tom have been saying. It may have been difficult to get going because I did want to make sure people can document what they’re saying. May not get a million members but it would be tight. We have about 5 or 10 extreme cases on here, possibly from Chase alone, if we can verify them.
In the end the laws and settlements are being manipulated so as to make no sense. These cases are cracks in the facade. On the other hand, individually we learn by what we all are going through even if not “legally” applicable but hopefully we build the group identity we need to push things along if we believe in our democracy that’s under attack. The simple act of questioning a bank with 100 yrs of rep and their shiny commercials was prob a break through for many and hopefully we band of merry men/women are representing who knows how many that are reading this.
BOBBI SWANN
July 24, 2014 at 12:47 AM
Hammertime – Understand about the chicken/egg ideology. In my fight against Chase as well the settlement did me no good at all as it hinged on so many ‘ifs’ and ‘buts’ that my case did not fit. I’ve written the OCC Treasury for a FOIA request relating to the formation and merger of Chase as I believe it was not properly approved by the appropriate depts of the government regulators. That letter was sent On May 19th, with a confirmation from them on June 2nd. I have yet to receive the requested information. I wrote again and now they say I should receive it within 24 hours – yea, we’ll see. If that information is of any use for anyone else questioning this area I will be more than happy to share it. You would be able to see my point in the request from the original letter I sent to the OCC. If my point is made it would mean that the Application to merge Chase Home Finance Inc. and Chase Home Finance LLC, both of Iselin, New Jersey, into JPMorgan Chase Bank, N.A., Columbus, Ohio would not be legal. For them to foreclose under that name would make it null and void. Chase has since sold my loan in foreclosure to PennyMac but stupid is as stupid does and they never re-filed; only added PennyMac. In essence, the ball is still in my court and this has been going on since 2006. If anyone out there recognizes the name John Cox with Chase (in any capacity) I would certainly welcome the information. This is the person who signed the assignment but there is no notary and no other identification. I am trying to prove that he does not exist. I wish I had more to offer others out there, but for now it is only help from the standpoint that giving up is letting go of our rights!
hammertime
July 24, 2014 at 3:15 AM
That’s really interesting.David is digging as to the Bear Stearns part and I’m looking at the WaMu irregularities that may be worse than the Kalicki case. I have some documentation that could be of interest as well. I don’t want Szymoniak or other whistleblower pros to take advantage of our situation if we’re on to something. You can contact me through here http://teamupsignup.weebly.com/
You have prob described your issues before but it’s only now crystallizing with these recent cases and the results I’ve gotten and talking to David. Unless we make it a rights issue they’ll twist things and get away with it and pay off the lawyers, investors, whistleblowers and the handful of homeowners that can afford to go through the complete, court battle.
To the extent we have though we’re seeing changes esp from when they were locking out veterans and seniors. Although still happening in “kinder, gentler” way most likely.
your mixing up apples and oranges. What goes on at this REIT has nothing to do with Foreclosure.
i looked on the internet for a rental that takes pets. Looked okay to me. I had no idea the leasing agent who was a very pleasant gentlemen was a two time felon for credit card fraud. After I discovered that I changed my bank cards and always paid my rent with certified bank checks. I was safe and secure till someone came into my apt without breaking any locks and stole all my bank statements. dept store statements, tissue duplicates of the bank checks bank etc. I immediately notified everyone. all numbers, and the bank told me that is a sign of getting ready for identity theft i have no money in my account what would they use it for . identity theft and credit card theft are a fast growing crime. and there is a nexus between the rental the leasing agent here. and hia felonies. one has to be a dodo not to pay attention.
Again, under most leases the landlord has the power of entry into a leased space. If you feel that you are being robbed of your personal belongings such as the bank statements, etc. why don’t you scan them and put them on a memory stick or open a safe deposit box at a bank and keep them there? Technology today we don’t need paper anymore and it’s really not safe to keep them at your home. If you do put that information on a memory stick just make sure that you make it password protected. Put it in a locked metal box. If they break the box then you have fingerprints….all you have to do is be more pro-active. I’m done.
Bobbi
I cannot imagine why you would think these sites are monitored by both the good guys and the bad guys.
I know as a fact that my computer, my house phone and cell phone are hacked and in my case my writings to the Federal Court, bringing attention to a banks fraud made a winning judgment for the bank be reversed and they lost a big number and i guess they feel anything it cost them to go after me is worth it.
Well Marilyn all I can say is that if you indeed got a case reversed I would think you would post all the particulars on how you did that for others to be able to use, if possible. I would also imagine that if you are using your ‘real’ name it is quite easy for anyone out there to google it and find all the posts you have made. That only makes it easier for whomever you feel is hacking you if you leave little breadcrumbs for them to follow.
You have to really read that is true. When they tried to give me a lousy modification with an added 100k on the deferment portion of the loan and there was also a rental clause that if I decided to rent out my home at some point that it would null and void the modification and I would have to immediately turn over the lease and any payments to chase. They could stick it where the sun don’t shine. They are legally bullying us. Since when does any conventional mortgage had terms in it that you can’t rent your home only that you have to maintain it. I told you they are trying to squeeze out the homeowner. They r bullying us out of our homes. THIEVES there is no other way to describe them
bobbi
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should
lets hope the tides are turning. david franklin, I made complaint to consumer protection re: chasemdlsettlement and how chase basically lost and are speeding up the foreclosure process on my house so they will not have to honor the settlement terms. got a call from the chase exec office early this morning. there has really been nothing said about this settlement. Chase is trying to sweep under the rug and the beneficiaries of this class action lawsuit, they are trying to ramp up foreclosure because in the settlement terms, it states that if they foreclose(summary judgement) on you prior to invitation letter being sent out or they transfer the servicing of your loan, you will no longer be a plaintiff to the settlement
Write the judge robert a stearns at us federal district court in
Boston ma give case no tell him u r in settlement anchasr is foreclosing anyway
Ask him to take jurisdiction and order foreclosure stopped
Give hom your loan number chase rep name and address and phone nimber and chase
Attorney name and court address and case no where case is being heard
Ask for enforcement of his order by us marshall service on tje judge
This Country has changed so drastically it is almost unbelievable that it happened BUT THE TIDES ARE TURNING and somethings can never be undone like loss of life and
intentional illness BUT they will get theirs. some are getting it back already or they wouldn’t be such miserable characters. they need more more more cause they are so empty.
TREVOR i feel for you and your doggies
‘MetLife Rape’….they coordinated 7 yrs of misery…perjured themselves…violated my trust in American banks…Attorney Generals…broke trust between myself and the Mayor…had Boise Police nearly taser me…and lord knows what else would have happened…RICO activity. …stripped of my Property….my Rights…my credit…my dignity…yeah raped. American Home Mortgage did it too…they stole my second home….the one I had paid tens yrs on….gang rape. We will prevail….as of today….the cosmos shifted 100% in our favor…think of it like the point after the hill climb….at the zenith….pause….notice gravity…ahhhhhh…the shift…. look how UCLA arrested two of its own this week…for me this is an indication of a pivot point….redemption is on orders….ours. hope that clarifies…..the Courts will be owned by those left standing…..avatars are at work…to counterbalance the fraud…..watch the NYT….2014….2015…2016.- 2020…..judged…c-uh-ohs…banksters….local attornies w red ink on their hands…..all going to get their clocks cleaned….big time. Enjoy!
Trevor David Hitchin Kaufman
July 22, 2014 at 2:32 PM
Correction….’Judges’…Bank Execs…..local huckleberries. …these untouchables are now getting ‘touched’….. also….fyi….my Ithaca Rose Kennedy. …♡s beef hearts….raw….cooked…either or. $1.99/lb…full of nutrients. …ask your butcher….loads if protein and iron…..2x as much as dry food….10X better for her….Woof!!!
It is MK Ultra and Gang Stalking…you need to leave that vortex….I lost two gorgeous service labradors…(my kids)…to the MetLife rape….take care of that dog…then move!!! You have a resource now…I am sorry for your pains and yes I believe you….the mountains are your best bet….for the dog too….only spring water. It is the great spiritual battle being played out….star wars. Red meets blue….purple….or black. Our choice…
Marilyn I hope your dog gets well soon. If u feel in fear of ur life. U should leave that place. Find a room in a home or get a roommate. Plenty out there. The landlord is a bully. All of us don’t need any more aggravation than we have and the world is full of desperate people who will wreak any kind of havoc on a person directly or indirectly as we have seen. Trevor. I hate to read that u spent that money and lost in the end. My house has been sitting with no upkeep done to it. If I lose my home, the bank can have it with the termites and the other work it needs. Also I would like to sue the city for the mosquito cesspool (unfinished pool) I have been living next to for the past 4 years
I just brought my dog home from the hospital yesterday so i;m busy for the moment but she is improving . Doctors don’r always understand what can causes illness but they did a wonderful saving her. and some of my thought are hard for them to believe.
its like seeing an old woman with a cane walking down the street and someone intentionally trips her but saying she’s old, she would fallen anyway.
and yes…”I could ab’use’ one of them”…from this…the Batphone. Bite back…you have a dog in this fight…a very mean dog…..a dragondog…a ‘zilla waking up….send me your ‘shorts’…hemingway style….Published as ‘Jumper Cables’…..each page contributed is a %…..send me 10 pages….I put it together…..make sales….end order fulfillment…reserve for taxes….pay staff….send YOU your cut…you 10% of a 100 page book…. September 1, 2014 launch…. send me your copy….ill send you a check when it sells…. 300,000 journals…..$7.00 a journal……$2.1 mil…. x .10 = $210,000. . . less taxes…..you go Buy w cash a better condo. . . flip the tables….if not now….when?
Bill Black is so right. The more you look the more you see.
Aside from the financial riboffs, there is a sadistic nature to the people who joined
the bad guys of this massive fraud. I see it in the nature of the attorneys, and the judges who made this happen to our country.
I am again seeing it in the people running my REIT, from the leasing agent who has two felonies for credit card fraud and how he is the one who takes everyones social security numbers and all the renters financial information .
I see it in the tenant they put in below me that has a very sadistic nature, IT IS THE TENANTS SADISTIC NATURE THAT MADE ME NOTICE and start checking his background
It is the same sadistic nature I saw in Christine that made me notice her. It is one thing to fight back against your enemy but entirely different to get pleasure in hurting and joyous in ruining another persons life. Look back into the players that have interfered in your life
And you can separate those with a survivalist nature and those with absolute meanness. I hope to get my properties back if these two the leasing agent and the tenant downstairs don’t kill me and my little dog before. Now that all my financial info and social security have been stolen they have accomplished the first part of their plan and that is to steal my property I have fought so long and hard for.
When I came to this REIT I was very much into the fight and would say to everyone I will get my properties back. And my mistake was saying it to the leasing agent cause when I said it to the leasing agent he said “I could use one of them” and his attitude since then was to get a lien against me .
Ms. Lane:
Sadly I know exactly what you mean…the sadistic ‘you meant to rob me and steal from me….and hurt me attitude…’ I saw years of it here in Boise….its like finding yourself watching a preview for a Lions Gate movie…you know…one where the town goes cuckoo and one person is sane and fighting alone….only to find ‘the calls are coming from inside the house’….one of those. I have it here too….and so that you don’t feel too special/isolated….here are my first 7 ‘shorts’….all true…no lies…They do enough of that for us both:
1. Vice President Tony Francis used to yell at me on his speakerphone. ..mwith a sandwich in his fat mouth….chewing his food ‘Treeevah…..why should you get a ‘sweatheart deal’….why should you get a second chance……’ Fat Pig….11 months we played cat and mouse….while waking up to the horror…(see above)…that in ’91 my soul was taken….arms n kegs too…so Shirt Story 1 is Tony Francis formerly of First Horizon….then MetLife Home Loans….now Greentree Financial in Houston. I have ‘000s of minutes of recording s of our 50-75 phone calls….He was the one who offered me a loan mod on my primary…..down from 7.5% to 7.0%…after 11 months of b.s…..the Same Tony Francis who then got canned from MetLife and cost his colleagues their jobs….all 4,300 of ’em….THAT Tony Francis…..I am going to edit the calls….print and distribute the text…..in the journal-sized hardback…..yeah…that kind of evil….Story One: The Dastardly Tony Francis…..the day I learned to FretLife.
2. Then some hormonally imbalanced C Rate chic w a huge ass….from Realty Royale enters the picture….im in a neck brace at the time…..she brings some thug with her to threaten to break my neck …… she’s going to sell my house out from underneath me….for the bank….after her hitman tries his best (he did not know ‘some things’….wink).
So Story #2…..I will call it Realty Royale w Cheese and Crackers…..(they were both white trash)…..not to be confused with a beaten royal…..there was blood in the water….mine. Fas the fwd….yes….she was reported to the Real Estate Commission. ….no I am hardly done w cleaning up THAT hot ‘royale’ mess…..no I did not shoot the thug….but like Forrest in ‘Lawless’…..when he meets the ‘Nance’…..I wanted to…..
3. Keep in mind I spent $50,000 of my Roth IRA…life savings….to save that house….it had been abused…..I spent 3 years ….3 winters freezing in that house…..no heat….0-40 degree winter days…..rebuilding…..doing the right thing….staying to rebuild….w splaid arms….legs….no vision…..no breath……new walls….electrical….new hardwood floors…..5 x 14 ft beams….new roof….new tresses. ……I was proud to say we made it……we saved her….then they stole it……again….FretLife did not know who they were robbing……I kept saying…..’Tony..you will regret this……I do not lose fights…..you will regret this in time….you are robbing someone you do not want to…..’…..he kept fn laughing….’Treeevah…..why should you get a deal…..?’ More to follow……the message: buy a gun Ms. Lane…you’re not alone in the war…..ww iii…..and you would appear to be in a lousy/dangerous living sitch….kinda like me in boise…..living next to two rental units where both tenants are in prison…..drug house behind me….City Owned AA House…..a pill poppers paradise…..Mayor Bieter wont do a fn thing about it…..which is reason number #21 why City will be sued….why OIG in DC was contacted….why Boise City has been exposed…..for the corruption. Dave’s brother Christopher was the Judge in my case w FretLife…..he dialed in 20 min l8….awarded it to the bank…..THAT audio will be in my (our???) Series as well……pure fn entertainment/horror.
Chin up….if you are threatened. ..call me 1.208.703.9525. You might say I have familia everywhere. …in your hood too. Usually a kind intro is all that is needed….a ‘buenos noches’…if you want to call it that. Have hope….I know its hard….we / you have help now. 777
Marilyn – how do you propose that the leasing agent could steal your property? Having your personal financial information will not garner them any kind of lien against you. Only your landlord (REIT) has the power to place a lien against you for non-payment of rent, destruction of property, incarceration, or skip. Even if there was a lien against you that does not transfer to a real property. As of July 2013 in the state of Florida all leasing agents have to hold a real estate license. That would require a background & criminal record check and license issued by the Florida Department of Business and Professional Regulation (DPR). If you honestly think he has this record you should report it to the DPR if you live in Florida. If you don’t’ live in Florida I would suggest you check with your State Attorneys office for clarification. Certainly parenoia will not help the matter to try to guess the basis for someone’s actions.
Bobbi
.
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
Furfill any terms the leasing agent had a right to place a lien against me. and
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should.
BOBBI SWANN
July 23, 2014 at 11:12 AM
Any lease has the provision added that if you don’t pay they can take you to court and get a judgment/lien against you. That is commonplace as well as taking all your personal financial information when you apply for an apartment whether it’s with a REIT or not. The paranoia I am referring to is throughout this site. There are hundreds of sites just like this one on reporting foreclosure fraud and the like. I highly doubt that every respondent on these sites are being ‘monitored’ and their personal computers being hacked – that is just beyond all comprehension as they don’t have the manpower to do that. In fact, most of the time when there are problems with computers it has nothing to do with the government, but more to do with protecting your own personal computer from viruses. Viruses and PUPs can actually block you from communicating with the internet, slow down your computer and destroy it from the inside out. Even OES systems like windows XP does not have any support any more so makes it more vunerable. It’s like anything else, technology moves forward and if you don’t move with it you will suffer the consequences. Even windows Vista will be eliminated within the next year as well. I used to see posts from several different attorneys on this site and none lately. Ever wonder why? Instead of trading useful and vital information it has become a ‘social’ networking site very similar to Facebook – useless information. I’m pretty sure that Tom and Lisa never intended it to go down this road and I feel bad for them as they put a lot of time, effort and money into this site when they started it. That’s my 2-cents!
I guess my only response to what I am seeing going on here is, when did this go from being about foreclosure to REIT violations; after all it is called “4closurefraud”….as for people’s paranoia, I am with you…I have been kicking the banks butts for a while now and if they are “spying” on these sites, who the hell cares when you have the truth on your side…Love your comments Bobbi…keep up your good work.
thanks hammer
sent the ombudswoman my letter complaining about my complaints like others being put in the trash by their personnel as those complaints are about chase.
Dear USCFPB Ombudswoman Ms. Wendy Kamenshine:
I am writing to file this complaint with you. I and my attorneys have written to Ms. Petraeus and Mr. Cordray
about all my mortgage problems with chase servicing of it and new loan origination without my permission.
I have or my attorneys have filed separate from website filing at uscfpb.gov website many many complaints about jp morgan chase as have many of thousands of others.
I am a permanent and total by the U.S.V.A 100 disabled veteran with individual Unemployability. Some of my complaints were never processed because someone in your agency either designates them as duplicates or just sends them to the Federal Trade Commission. From which there is never any response whatsoever.
In one instance, four of those duplicate complaints per my phone call to your uscfpb call center on the letter I received and or email, was handled by resurrecting those duplicate complaints into a combined new complaint that was accepted for processing and transmittal to JP Morgan Chase. In a short period of time, that was reversed and the complaints were never processed and subsequently they were sent to the Federal Trade Commission graveyard for burial.
Now this is happening again. and I have been getting reports from other chase victims that their complaints are not being processed either by the uscfpb or erased all together. I do not believe that in my case or in the other case previously mentioned, that this is the proper procedure to handle complaints and I ask that you and Mr. Cordray and Ms. Petraeus and the new Deputy Director see that this is stopped immediately
Also, it appears that many of my complaints have not been published or listed in the complaint database or included in the reports to Congress.
I also find that objectionable as well.
although it is a great idea per Mr. Cordray to publish verbatim actual complaint as proposed, that assumes they are not put in the trash as many of them are allegedly being trashed right now.
regards
David F. Black
360 772 5617
blackvan@Hotmail. com user id on uscfpb.gov website
matter regarding chase.
PLease see to it that all duplicate complaints and allcomplaints sent to FTC are resurrected processed and case numbers assigned and sent to chase. the last four complaints filed two were designated as duplicate for case numbers allegedly filed in the past but they are not even in the database under my name or user id in online database of my complaints.
my new uscfpb complaint. they are asking now about mortgage discrimination as in predatory lending which sub prime mortgages are in violation of the 49 usc 24 cfr Title VIII Fair Housing Act
Describe what happened so we can understand the issue…
JPMorgan Chase, N.A. of which I am a stockholder and mortgage holder is stonewalling and refusing my U.S. Federal Law ie RESPA Qualified Written Request for information pursuant to my mortgage loan.
those RESPA requests include
1. a printout of all mortgage statements for two different loan numbers starting with 0020927364 and 1024616526 both first trust mortgages. the 102 loan is a loan that I never applied for. the missing mortgage statements are from june through sept 2008
april 2011 through feb 2012 and dec 2012 and jan 2013. there is also a second trust loan missing statements from june 2008 through October 2008 all of which chase has told the Washington AG office in Olympia WA to get lost and refuses to produce these m ortgage statements to me and my attorney mr rick potter. they have refused his requests as well. these statements are required by federal RESPA law for an ARM loan.
2. my RESpA request has also included demand for all loan docs for the loan starting with 102 since I never applied for it nor approved it. I have no loan docs forthis loan which I never applied for or approved of. I request assistance from uscfpb to get them.
3. I have no official RESPA required official notice of this loan I never applied for from chase.
4. I have requested per federal RESPA law for all low level accounting data for my loan and all memorandums correspondence chase lawyer bills for this new loan in their mortgage servicing platform
5. per federal RESPA law I have a legal right to know what mortgage trust this loan starting with 102 is deposited into and the MERS number and the name of the investor of these loans. emc chase gave me all this info for the old loan number starting with 0020927364 but now chase is stonewalling and denying my request for this info on the new loan number which they are required to five me per my valid QWR RESPA request for that information. chase claims they own this loan but the investors for a second time via the New York AG Eric Schneiderman is suing chase emc bear stearns trusts for continuing to defraud them as chase allegedly is doing with me.
6. Chase refuses to conform to the original promissory note which requires my loan to amortize to zero staring may 1, 2013 with part of my payment going towards the loan balance. they refuse to do that and gouge me for interest only which they nowhave programmed into their computer allegedly to be interest only until 2037 with a balloon payment of $ 313,000 due in 2037. I never signed up for a loan like this and this new loan was originated by chase in april 2011 under camouflage of a loan transfer with higher interest rates and loan terms that violates title 12 of us federal banking law and did so to millions of bear stearns loans and others in violation of federal law allegedly with no notice to homeowners like me.
chase also denied me my hamp I loan modification after initially approving me through my mortgage counselor kevin gillnetter and carlos Garcia at community housing resource center in Vancouver wa a hud approved non profit mortgage counselor.
so now I am paying on a mortgage I never applied for that was originated by chase and all my mortgage payments and escrow funds are allegedly being stolen by chase personnel while this new loan is in loss mitigation. with no mortgage statements and fraudulently prepared escrow accounting.
the original loan was conceived in fraud by emc chase underwriters lying to me about the predatory nature of the loan package of first and second mortgages in a five year option arm 80 / 20 loan that has undisclosed interest charges pursuant to TILA law mandating that those charges be revealed. those charges add up to 3 percent interest rate to the loan over its thirty year life .
Which part of the mortgage process is your issue related to?
Desired resolution [Edit]
What do you think would be a fair resolution to your issue?
full restitution of me and refund of all mortgage payments since may 2007 and voiding of this new loan since I never applied for it and have mr watters ceo of chase mortgage banking direct mr rob malloy of chase bank here in Vancouver wa to show up at meetings with me and my accountant/ lawyer team which he did not do in april, 2014 after firing Kelly mathers v.p.of chase bank who did talk to my attorney and accountant.
we are definitely being monitored, either of my post from yesterday did not show up. We are smarter than they think. I still have a few tricks up my sleeve.
I understand that not allowing you to post syndrome. I have hackers on my computer, cell and house phone. Sometimes i can get aroundit by going to a library.
Trevor.Thank you this skill came to me by necessity after seventeen years of fighting against against a bridge conspiracy of revolving crooks.What i have learnt is when you keep quiet the crooks don’t attack you BUT in their fight back against us they bring themselves out of the woodwork and you get to see who your unknown enemys are.My tip to everyone is press in to the computer every phrase , every name that shows up in your case and you get help in fighting your enemy including judges, bankers and attorneys .
I like your idea and that book to us could be like the foreclosure book written by the banks except for a much better cause.
here is the evidence of my complaints being put in the trash allegedly under guise of duplicate
chase has not resolved a single monetary issue with regard to my complaints and never addresses the issue in a signed under oath of accuracy and truthfulness nor signed by a chase executive and just does the denial thing since your agency opened.
I do not agree that these are duplicate issues and as I have told you before there are multiple people who have testified to me in writing that your agency is either erasing complaints against chase or sending them to the FTC graveyard and are never processed and sent to chase or reported in your database or to congress.
it is just that simple
regards
David Black a permanent and total disabled veteran under federal law.
it is a bit impossible for your staff to be researching a current complaint all the way back to 2010 complaints that are no longer in my account’s database in the first place.
if you do not respond I will take this matter up with mr cordray and ellen warren and the justice department.
suggest we all should be complaining daily to the uscfpb with copies of it to us justice dept eric holder us ag and eric schneiderman new York ag if it regards chase and keep complaining about complaints being erased and keep complaining about chase especially in florida new York Nevada and all the other scum bag servicers. seems chase is giving modifications to those theycan make a claim against the chase us ag 13.5 billion dollar settlement . everyone else gets foreclosed on so they can cash in their derivative hedge bets aka credit default swaps.
Tricia
July 23, 2014 at 9:02 PM
Haven’t been around in awhile, but not sure if any of you have seen this case out of Seattle. The mayor actual stopped the eviction of a vet after his home was sold at auction even though he had a pending court case against Chase.
Ms. LANE… You my dear are one hell of good writer, and even better fighter. Tell you what….you write a page a day of your experiences….you will represent your State….I am in Idaho and will do the same….a page a day in MS Word….of the wanton…circus acts…thrills..chills..n spills….and 1x a week you send them to me…in Word..
Next….I take your Copyrighted file and I print them..the stories…On my end I take your 7 days in hell…best of…like the meth lab party gone wrong…that is one page….following?
I recycle wood…I live in Boise…’city of trees’…and can combine your 7 pages w my 7 pages…David could crank out 7…..w pictures of course….and viola…I now have our product…a journal size ….hardwood…hardcover…made in ‘murica….book of short (horror) stories. We sell this to coffee shops on a weekly UPS logistics run….shops all over the world…..still following?
We could name the first series ‘For Closure’.
Why fo it? For therapy…for $….but most of all. ..for closure. I am serious.
I will join this challenge if for nothing else but to save anyone the heartache a fraudulent foreclosure brings to families. You can name my story “6 Wks to Sheriff Sale” as that is the deadline I am in once again.
I write down all the things I discover whether in a little book or on these web pages so the truth can get out. At the moment i KNOW that the two felons at the present reit i live in are trying to kill both me and my dog especially since i have and my dog in the The last few days have had the same symptoms one is not being able to breath. Last week while i was typing an impotant letter at the library someone came into my apt and went thru a file box and stole many bank statements they know i have two properties i am fighting for This felon in the office thinks HE can use my identity AND DRESS UP LIKE A GIRL. He ONCE TOLD MEthey have his name on YOU TUBE as a girl it is him with a girls name and wearing a dress??? anyone remember the case where a famous ballerina rented an apt in her eastside nyc townhouse to someone who wanted to steal her townhouse and her body wasn”t founD but a mother ande son was indicted
Marilyn
It’s the same as the banks did with the mortgages. Now they are packaging up rental payments. The only difference is now the homes they stole away from the real homeowner, they ( real estate trusts) now claim ownership and are landlords behind the scenes sort of like Fannie and Freddie. Now they don’t foreclose, they just evict. You can thank REIT s like Blackstone Group. They pushed the average homeowner out of the local market. My neighborhood is now at least 1/2 rental. And they suck as landlords. They don’t care as long as they are getting their money. They have turned once nice areas upside down. You can’t trust anyone living around you because they can be living next to you for a couple months and gone the next and you better have a good home security system. Especially in south fl. They r either druggies or thieves.
Corruption is overwhelming but we must fight on. After losing my two condos to fraud one has to put a roof over ones head. And what you find are the REITS have taken over the rental market.
On my third night In my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. it took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog.BUT it was from the frying pan into the fire.
On my third night in my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. It took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog but this second rental was from the frying pan into the fire This time a have a hidden sexual sex predator on drugs and with electric devices(ADS and EMP) –active denial system and electrical magnetic pulse below me and the leasing agent in this office who took my social security number and financial information is a two time convicted felon for credit card fraud and then when you call and complain to the police the last one said ‘it happens”
Well I AM STILL FIGHTING.
.
Marilyn, you nailed it about the reits, they are doing the same with rental payments as they did with mortgages and they are lousy landlords. they pushed the average buyer out of the market. as long as credit is tight and these reits are buying up homes right and left. They do not want us to be homeowners. rents are so high in my area and the price of homes are already unreasonable again.
look up in property records how many homes IH2 (i.e. invitational homes , blackstone group) huge trust, no armslength transactions, now the banks don’t foreclose, they can simply evict (takes less time) and they do not take care of the properties because they do not care. only about the income stream!!!!
The last complaint I made in January 2014 I am still waiting for bank response consumer protection bureau acknowledged receipt. But never got response from bank or consumer protection that complaint had been answered.
Has anyone’s complaint/history of complaints vanish??I’m in a foreclosure nightmare that’s lasted since 2010,I’ve had set backs but continue to fight,along the way I’ve filed complaints w/cfpb & my 1st few,I dropped the ball by not knowing the ”process” but I’ve mastered it now,last one,which = 7 total in 4+yes,I MADE sure to attach all vitale papers showing my claims of Mortgage servicer abusive actions/practices,went to CFPB REVIEW,BOOM GONE???????ALL of them,,any input to why or has this happened to anyone?my account shows ”No Complaint records found”’?????thanks in advance:-)
Yes the same thing happened to me
The banks have their friends in uscfpb centers that process
Our complaints
They deep six them or call them duplicates or send our
Complaints to federal trade commission graveyard
I filed 36 complaints since uscfpb opened against chase
And ceo jaime dimon and othet chase execs
About 12 of those were erased or disappeared on grounds
Of being duplicate
All we can do is complain to uscfpb director and send thatletter
To our senators and congressman to ask them to make inquiry
Of uscfpb and to resurrect our complaints and file them with servicer
my new uscfpb complaint about chase
sent to new york state attorneygeneral. new york has allegedly convened a grand jury and service cuomo deputy about mortgage abuse and fraud and bribery in cuomo’s office and the utah ag was arrested and charged with 23 counts of felony bribery from bank of america recon trust
here is my new complaint lets see if it survives
chase mortgage abuses of disabled veterans
The article in this email documents chase is losing their shorts in the mortgage business and their bad loan loss reserves are rapidly heading to zero
Hence their may be plenty of motive to conduct themselves the way theyvhave with me
Their latest stunt is to attempt to manufacture another default by raising my mortgage payment and two by raising it again for escrow payment increase
The charges per clark county and state farm insurance annually equal 3800 and my current escrow payment of 329 a month covers that
As of sept 1 2014 they are increasing escrow 350 a month which increases my payment 19 a month and five dollars more than i am paying now as principal reduction payment added to minimum mortgage payment
According to thousands of complaints from other chase mortgage holders their fraudulent escrow operations is a key method of manufacturing default
And they refuse to give me credit for approximately prepaid escrow funds of 2000 and have had that money since 2008 yet continue to raise my payment in yet another attempt to manufacture a default
That is not going to happen
As Rick has seen the escrow refund check from chase for 1350 dollars and performed the last valid escrow accounting by chase in 2011 there has been continued oveecharging anf manipulation of my escrow funds
Chase whistleblower employees sent me a detailed escrow transaction history for both the old and new account numbers showing hundreds of fraudulent alleged transactions in the escrow account
There should only be four payouts per year and 12 deposits from my payments to the escrow
The spreadsheet ( Tiffany only has the first version while chase whistleblower employees sent me a second shows 21000 in mortgage payments being put in unapplied payments plus another 9000 in unapplied from 2008 and then making debit charges to those unapplied and then crediting another account called escrow advance
This looks like money laundering and income tax evasion to me since in jan 2013 there are 14000 in reversed mortgage payments back to 2012 tax year and they all disappeared and then chase sent me notice on their website which rick has to pay another 14000 dollars for two mortgage payments for same month and year ie
Extorting me again like in 2008 and made me pay july 2008 three times a
disabled veteran on VA FEDERAL US TREASURY PENSION FIXED INCOME
David….perhaps Kelly Mathers would like to blow the whistle from inside….you know…join the cause??? Everything (including the sound of justice) is better recorded ‘in steteo’. Way to stay in the fight…w a papertrail….a path leading to Their destruction…not yours/ours. I will be kicking MetLife (steve kandarian) and Chasing Diamon(d)$ till king dom come…and well…it would appear w the current V.A. scandal….this type of abuse (as you have described) will be frowned upon once it is made mainstream. . . Nobody likes a bully anymore….and everybody loves an underdog….especially when the bully gets his ar$e kicked….you sir are doing the kicking now…do not stop….p.s. if you write to Brian Williams of NBC….and you tell him about ‘our’ nephilim conversation…and if you X plain your sitch….w a c.c. to Eric Holder….I think you would have a better than 50/50 shot at a Nationwide/Worldwide story….a compelling and timely one to boot!
My ol man is Canadian n knows BW…put it this way….I would like to see your story on primetime… I also want you to file your massive claim for damages…make it loud and proud….you carry the Torch for many DVs who have lost their fight….make sure the torch is ‘inserted’ fire end first…. also remember that this message board gave Jamie D cancer…gave Steve K restless nights wo sleep…..WE the People have ‘them the monsters’…on the ropes.
Knock ’em out of the box! God ♡s an underdog w teeth. . . . Keep fighting…Holder just kicked Citi for $7 B…..hope everyone saw that. Use this in Court….as I said…
‘make ’em walk the plank….more blood in the water….theirs finally”.
China wants you to win….China h8s fraud when it causes shame and loss of face….
the financial losses are paramount but secondary to the first n second issues….got it?
777
ldynps , are you in fl? I am also. I thought you were in CA. I would like to speak to you and hopefully we can help each other. I am in broward cty. fl. please send me your email mine is lsnider52@hotmail.com
my uscfpb complaint today
chase has not resolved a single monetary dispute with me since 2008 and continues to extort me for money on a loan I never applied for .. they even reported this new loan to the credit bureau with a balance of $ 300,800 which the Credit bureau also had reporting of yet another first trust mortgage from chase.
chase has fired the local v.p Kelly mathers for trying to help me resolve these issues.
all chase does is say they addressed the issue. I don’t care if they address any thing. these disputes by me are about money and extortion of me by chase on a loan I never applied for and non compliance with a promissory note for a loan I did pay for. chase has quashed the loan finance by blacksmith and boilermakers union of Kansas city Kansas and created a new loan with higher interest rates and balloon payments with no loan docs no respa notices and now extorting me for double and triple payments. I got another wortheless packet of chase toilet paper today while they now are extorting me for more escrow funds while they have over $ 2,000 in unapplied escrow funds and over $ 80000 in unapplied payments and unaccounted for payments and missing 21 missing mortgage statements required monthly by federal respa law and even told the Washington state AG to buzz off when requested to produce the mortgage statements. in letters from chase v.p she says I owe $ 388,888 while the mortgage statement says I owe $ 311,000 and the new loan to the credit bureaus says I owe $ 300,800 . chase website says I am five payments ahead but refuse to give me credit for them and their attorney writes me letters I am indefault and sends letters to my attorney mr potter demanding he drop me as a disabled veteran client. the whole mortgage operation of chase needs to be seized by the federal government and a cash audit be done by irs and other agencies to determine where the billions of dollars of mortgage payments are going.
and for what purpose and that includes escrow funds.
Hi there. I used to post on this site back in 2010/11 when i claimed bankruptcy after losing a six-figure job in the end of 2008. Therein, I so appreciated the conversations taking place and the site bringing awareness to the public. I received an education on mortgage fraud. I’d copied all my county records after noticing the lack of mortgage assignment records between all the banks since my mortgage originated. Fortunately, I was able to rent out my NJ condo until Hurricane Sandy hit. Then fell behind on the mortgage. In October, 2013, Forclosure proceedings were started (lis pendens filed) by Citimortgage’s (loan servicer at the time) attorney. To date, I was yet to be served and put the home up for sale. Today I received a call from a company called Seretus (out of Pinnelas Park, FL) stating that they are now the new servicer of my FM loan as of June 14th, 2014 (I never knew who owned my load through each of the prior mortgage assignments) Seretus told me I should have received a “bye-bye” letter from Citimortgage. I’d never received the letter, but checked my current county records and now see that only 6 weeks prior to the Citi lis pendens, the assignment to Citimortgage from the prior bank was filed (even though I was with Citi since 2005.) There, i also just found a recent filing of assigment to FM, as well as to this new company, Seretus. They are now offering me a modification and have noted they have not filed for foreclosure. I have two questions, if anyone might know and would so appreciate a knowledgable answer – The lis pendens is still on my record with Citi’s attorneys. I am having trouble with the sale of the home as potential buyers are shying away due to the lis pendens. If Citimortgage is no longer my servicer, nor owns the loan, how valid is the lis pendens? I’ve heard of requesting the court expunge the lis pendens: especially because it is no longer valid, AND because it is now detremental in me selling the home which could afford me the opportunity to sell and settle the debt. is this possible? Can i approach the attorney and request they remove it without filing a motion to expunge? Second question: can they be sued if they don’t comply? Of course this has me leading to: If the lis pendens remains, and then Seretus ends up filing for foreclosure, is it possible that two banks can file a mortgage lis pendens on the same loan? Thanks for any responses that might help. Sandy struck
Suz – I don’t know if anybody else has responded to you or not. If your property is located in the state of Florida then the lis pendens filed will remain of record unless Citi files to have it dismissed or after a period of time when there is no activity the Courts will automatically have it dismissed for ‘lack of activity’. Lis Pendens can only be filed by the ‘owner’ of the note and mortgage. If there is an assignment from the original lender to Citi then most likely they are the owner of the note/mortgage and it appears that they then assigned it to this FM (whatever those initials mean) and Seretus. You did not mention if the mortgage was included in the BK you filed or not. If not I don’t understand why the lis pendens was filed. If it was included in the BK you basically gave up the property in the BK and the current owner can foreclose. They can also use the same lis pendens to move forward with the foreclosure as long as they complied with the new procedures for Florida law that came into effect June 7th of 2013 (H.B. 87).
Bobbi’s post reminded me of your comment. Not knowledgeable about FL bk etc but generally my thoughts were that there may be a clouded title if unlawful foreclosure or multiple claims to debt etc. Title insurance is also supposed to guard against losing marketability of title. If Citibank is part of settlements can use to make complaint or back up your claims in wrongful foreclosure or quiet title case from my understanding, not legal advice. In bk sounds like their claim should be challenged or adversarial complaint made from what I’ve read.
WHEN I win my cases, I will retutn to this board and fund a 1st rate ww legal A Team…the only catch will be that if you receive help from ‘the fund’…and you win….that you pay it fwd w a % to the ‘house’ as it were. Remember. ..blue planets have won …it has been decided. Now just cross the line. Then cross it again for kids at home. . Protect the little ones. . .holderwhereyou@? 777
The govt does not want us to be homeowners. It’s another way to control us or make money from us. The big investors. Ie blackstone group. Have bought up thousands of homes that should have been available to qualified buyers and they should have been “arms length transactions”. These investors are packaging rental income the same way the banks did mortgages. Look at all the people that believed in obamas HAMP program and got scammed. Why isn’t Obama helping us and knows what the banks did to steal out homes. It’s one big govt conspiracy. For us that believed in our govt, shame on us. Fool me once but they won’t fool me twice.
Thks David. I will do what I can and will speak up for you and others. I am fighting as much as I can. I had to get attny because they set a trial date and I know it’s because they do not want to have to honor the settlement. Blackstone has bought quite a few homes in my area and i suspect the bank is looking for a lot more homes to steal so they can pkg up the rental income. My area I fl is a hot market at the moment and they know it. There is a great big picture in the steAling of our homes. If the govt has their way. There would be very little home ownership. God bless to all who have lost their fight. Believe me better things are ahead for you. For us that remain in the fight, the uncertainty of it all is like being in a prison, but the principle of the battle has to keep us fighting.
I am so sick of these banks. I never had credit problems in my life until I made a deal with the devil a/k/a jp Morgan chase bank. Thanks for the advice David Franklin I am going to cc everyone I can think of with the fraud they are getting away with. The settlement letter says not to call the judge, but that was when it was still pending. Now it is a done deal and Chase has to be forced to live up the settlement agreement and in there it says that the judge reserves the right to maintain jurisdiction to enforce the terms of the settlement agreement.
LMS et al…I embark on ‘life on the streets’ in a matter of hours…this w a masters degree…intl fortune 100 exo…blah blah… but w no credit.. (thank you Jamie and Steve ). I just wanted to encourage everyone here to STAY IN THE FIGHT….this cleansing is necessary and we will be rewarded for taking on (and crushing) these goliaths… this board scares the $ht out of ALL guilty banks….sure we received $500 -$6000 for our 100x losses (one penny in the dollar) but we never gave up our right to sue….just file and get on w it….this is the final act of the American Play….so press hard and watch em fall….’zilla is in the house and in your corner….watch that flagpole get ripped off and thrown at Steve…then Jamie….our collective wins…in Court…will serve as precedence….hard for us….easier for those behind the ice breakers….have fun with it….make it a game…they sure did. Now…..they are getting the cancer they gave….AND at ANY hour….Federal Agents just might be knocking on the executive glass door….when criminal charges land…and its in the works…then our civil claims are simply a ‘summary judgement’ exercise….a reversal of hope…a shift in karma if you will. I am asking for $10 mil from Met and $5 mil from Chase… I helped shut down MetLife Home Loans….now I need my settlement. Yes I scare them…they got caught by the megladon…always a bigger shark out ‘there’….Today there…is…here. Best of luck fighters….David…keep rocking the boat….make em walk the plank….splinters and all…sharks below….blood in the water….theirs. 777
hammertime
July 9, 2014 at 12:01 AM
Hang in there Trev. I wish we could have gotten it together as Tom, David and others have pushed us. There’s no giving up here maybe we still can. Keep in touch.
here is the phone number at us dept of justice to give your comments on the phone about the $ 13.5 billion dollar jp morgan chase settlement with the us govt. as I put on the answering machine the settlement should be 100 times larger and all of us get a crack at it to make out claims for restitution instead of giving the money to the corrupt states and state AG’s and no homeowner sees a dime. what the press is not telling us is that the settlement is subject to a lawsuit by a politically affiliated public interest group to get judicial review of the settlement from a federal judge. in other word the judge approves it. the phone number is legitimate and I called and it answered. supposedly the attorneys at us doj will listen to everyone’s message. I told them that the settlement is a joke since chase used tarp taxpayer funds to pay it to the us doj. the research I have done says jaime dimon got $ 90 billion dollars from uncle same not $ 35 that us doj stated to the press. so call the number and raise hell and I said the settement should be 100 times larger and not be paid by using tarp money or our mortgage payments for us that are in chase’s fraudulent loss mitigation. my attorney told me today chase is harassing him on the phone since I filed criminal charges against chase executives in the mortgage servicing unit for extortion grand larceny and grand theft wire fraud and mail fraud and forgery of TILA documents from the loan origination
best regards
David Franklin and good speed TREVOR. let it all go and make the blossoms come up at your feet again. I know how much this crap from banks gets me depressed and perhaps some of you out there. all of you have been very supportive of me and now I have talked to several of you TREVOR and Luis and some homeowners who are in court with chase now as I write this. chase’s new trick is to change trustee and/or claim they own the mortgage which is allegedly a lie and untruth.
justice number to file your complains about the settlement is
202 353 1555 u.s dept of justice eric holder’s office office of u.s. attorney general for finalization of $ 13.5 billion settlement and consent decree from Chase.
hammertime
July 9, 2014 at 12:12 AM
Great info David! I’ve been stonewalled on my complaints in Los Angeles CA and was looking for another source before I hit “my” elected officials. Democrats, Republicans doesn’t matter they are in league with the banks to take our homes and to hide the GRANDEST THEFT OF ALL TIME!
I have been a part of every class action so far including the big settlement in which I got $500 measely dollars for dual tracking. now this chasemdlsettlement, and they are trying for foreclose on me before I can reap any of the benefits if there are really any. I call Chase and nobody knows nothing about the class action. they try to sweep everything under the rug. I am going to write the judge and let him know that his efforts go unnoticed. He is a federal judge and Im sure that he is not going to like that his ruling has turned on deaf ears. This is enough already. The big investors are buying our houses and turning them into rentals and packaging up the rental income and doing the same thing with rental income that they did with mortgages.
Not surprised hammertime. The lender/services paperwork we already know is a scam. It’s all about passing the liability to keep everyone guessing. Chase has ramped up the foreclosure trial date with me so they won’t have to make good on the class action that they lost in the federal court. They breached contract. My understanding is that the class action and the foreclosure are two separate actions and if they beat u to foreclosure. U have no chance of any of the benefits of the class action. They know they screwed up in this class action they lost so the only chance they have is to speed up foreclosure
The difference like in my case is Chase is caught and looks like unable to dish off on a fly by night company. They need to be exposed. If FL? had any rights that would have to be a major dual tracking and sounds like they’re ignoring our courts AGAIN! Need to publicize!
True TBTF is the unofficial policy but there’s even fraud in that. Another clue on servicer merry go round in following article. Interesting poll on industry site where foreclosures are at bottom for 90 day late. Nobody’s being fooled.
FHFA OIG Raises Questions About Risks of Nonbank Servicers
so….big foreclosure push we’re seeing?
“While not naming names, one such risk specifically cited by the report was the practice of using short term financing to purchase troubled mortgages that will require long term work to resolve their difficulties. The principal reason these mortgages are sold to the nonbank servicers is that they require extra time and money to cure the deficiency. The banks sell them in order to mitigate the loss that comes with servicing them. If short term financing is utilized to acquire the assets, the bill could come due before the profit from acquiring the mortgage is realized.”
sad but true, the banks can rubber stamp whoever they want as servicer/lender. I have always thought the fannie mae is just a façade so they cant pin the liability. the banks have to find some way to pay back all the investors they scammed and what better way than to just steal our homes and bribe the local courts because for most struggling homeowners, it ends in the local courts. It is an outrage!
File a motion with the judge not a letter and get a court stamp
On it
You can file it electronically if you register with the federal courts
Be sure you have correct case number
You can call kellerrohrbach.com on seattle and ask
For gretchen obrist or gretchen cappio who rep’d you
Before the judge and got ten million from chase
The judge has declared thaet he will stop the
Foreclosure
David franklin
And file motion with uscfpb too and write richard cordray
A letter he is director
I told him chase lied to the judge about loans eligible for
Mods
When I files my complaint with the OOC and The Florida Attorney General, both send the request to the banks involved with my Complaint. In Bank Of America’s response, the claimed they are the lender and that Wells Fargo is the servicer! That’s a lie….then Wells Fargo’s response was that US Bank is the lender and they are the servicer! The Attorney Generals conclusion was to do nothing…After 2 years in the Appeal Courts doing nothing and the Circuit Court allowing forged and falsified documents to be used to be granted a foreclosure…my conclusion is that there is absolutely no justice and every department is turning a blind eye to the biggest crime to ever be perpetrated in the history of the United States and it’s just going to continue because the Banks really have become….Too BIG YO FAIL/JAIL…
I have decided to file a lawsuit against Bank Of America, Wells Fargo, the Florida AG and the Attorney’s that represents them! I have nothing more to loose! Here are my causes of actions for Florida Law if anyone else needs the same! I’m giving it my all… Florida Causes Of Actions on Fraudulent Foreclosure Practices
Fraud
The essential elements of fraud are:
1. A false statement of fact;
2. Known by the defendant to be false at the time it was made;
3. Made for the purpose of inducing the plaintiff to act in reliance thereon;
4. Action by the plaintiff in reliance on the correctness of the representation; and
5. Resulting damage to the plaintiff.
Finney v. Frost, 228 So.2d 617; Abbate v. Nolan, 228 So.2d 433; Tonkovich v. South Florida Citrus Industries, Inc., 185 So.2d 710. Poliakoff v. Nat’l Emblem Ins. Co., 249 So.2d 477, 478-79 (Fla. 3d DCA 1971)
Affirmative Defense
Because of litigants’ proclivity to loosely sling the term “fraud” into pleadings, the law requires that fraud be described with precision. Florida Rule of Civil Procedure 1.120(b) mandates that “the circumstances constituting fraud … shall be stated with such particularity as the circumstances may permit.” This means that an affirmative defense or claim “must clearly and concisely set out the essential facts of the fraud, and not just legal conclusions.” Flemenbaum v. Flemenbaum, 636 So.2d 579, 580 (Fla. 4th DCA 1994). Where a defense of fraud exists, “it is not so subtle a concept that it cannot be described with precision.” Id.
Thompson v. Bank of New York, 862 So.2d 768, 770 (Fla. 4th DCA 2003)
• Glass v. Craig, 83 Fla. 408, 91 So. 332, 335 (1922) (holding that “a mere statement of opinion, belief, or expectation, although untrue and resting upon no information, is not such a false representation as to constitute fraud”);
• Reimsnyder v. Southtrust Bank, N.A., 846 So.2d 1264, 1266 (Fla. 4th DCA 2003) (determining that statements made by bank officer were either not demonstrably false or were mere opinion and thereby not actionable under a fraud claim);
• Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168, 172 (Fla. 4th DCA 1994) (finding that a claim for fraudulent misrepresentation is not actionable if premised on mere opinion and not material fact);
• Baker v. United Servs. Auto. Ass’n, 661 So.2d 128, 131 (Fla. 1st DCA 1995) (reasoning that for a claim of misrepresentation to be actionable, it must be of fact rather than opinion);
• Wasser v. Sasoni, 652 So.2d 411, 412 (Fla. 3d DCA 1995) (finding that seller’s statements that the building was “a very good building” requiring “normal type of maintenance,” and “an excellent deal,” were clearly statements of opinion and not fraudulent misrepresentations);
• Carefree Vills. Inc. v. Keating Props., Inc., 489 So.2d 99, 102 (Fla. 2d DCA 1986) (finding that a seller’s statement that he thought the lifetime leases could be broken was nothing more than an opinion, upon which no action for misrepresentation could be grounded).
Constructive Fraud
• Constructive fraud occurs when a duty under a confidential or fiduciary relationship has been abused or where an unconscionable advantage has been taken. Constructive fraud may be based on a misrepresentation or concealment, or the fraud may consist of taking an improper advantage of the fiduciary relationship at the expense of the confiding party.” Levy v. Levy, 862 So.2d 48, 53 (Fla. 3d DCA 2003) (citations omitted). “A constructive fraud is deemed to exist where a duty under a confidential or fiduciary relationship has been abused.” Allie v. Ionata, 466 So.2d 1108, 1110 (Fla. 5th DCA 1985). Florida courts have recognized that constructive fraud may exist independently of an intent to defraud. Allie, 466 So.2d at 1110; Linville v. Ginn Real Estate Co., LLC, 697 F.Supp.2d 1302, 1309 (M.D.Fla.2010) (“Constructive fraud, unlike actual fraud, does not require a showing of intent or of a misrepresentation or concealment and thus a claim for constructive fraud need only meet the liberal pleading requirements of Rule 8.”).
• Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Constructive Trust
“A constructive trust is one raised by equity in respect to property which has been acquired by fraud, or where, though acquired originally without fraud, it is against equity that it should be retained by him who holds it.” Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 422 (1927). Constructive trusts are akin to an express trust in that a bifurcation of title occurs; bare legal title to the property is held by the possessor of the property while the beneficial interest is held by the person entitled to the property. In re Shepard, 29 B.R. 928 (Bkrtcy.M.D.Fla.1983). However, unlike an express trust or a resulting trust, a constructive trust arises solely by operation of law. Palmland Villas I Condominium Ass’n, Inc. v. Taylor, 390 So.2d 123 (Fla. 4th DCA 1980). Thus, a constructive trust is a remedial device with dual objectives: to restore property to the rightful owner and to prevent unjust enrichment. Abreu v. Amaro, 534 So.2d 771 (Fla. 3d DCA 1988).
To impose a constructive trust, there must be (1) a promise, express or implied, (2) transfer of the property and reliance thereon, (3) a confidential relationship and (4) unjust enrichment. Id. at 772. The person seeking to impose a constructive trust must prove these elements by clear and convincing evidence. Id. However, similar to any equitable remedy, the enforcement of a constructive trust is tempered by equitable defenses, including laches and estoppel. See generally Steinhardt v. Steinhardt, 445 So.2d 352 (Fla. 3d DCA), rev. denied sub nom., 456 So.2d 1181 (Fla.1984); Mills v. Holcomb, 389 So.2d 223 (Fla. 5th DCA 1980), rev. denied, 399 So.2d 1143 (Fla.1981).
Provence v. Palm Beach Taverns, Inc., 676 So.2d 1022 (Fla. 4th DCA 1996)
Nondisclosure (Real Estate)
When a Buyer purchases Real Estate from a Seller, the Seller must disclose all known, material defects in the property. If the Seller fails to make sure a disclosure, the Buyer may have a claim for Nondisclosure.
A Nondisclosure claim has four elements:
1. The seller of a home must have knowledge of a defect in the property,
2. The defect must materially affect the value of the property,
3. The defect must be not readily observable and must be unknown to the buyer, and
4. The buyer must establish that the seller failed to disclose the defect to the buyer.
Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985).
To state a claim, the Buyer must prove that the Seller had actual knowledge if the defect. It is insuffucient to state a claim if the Buyer can only establish that the Seller “should have known” about the defect. Jensen v. Bailey, Case No. 2D10-939 (Fla. 2d DCA Nov. 20, 2011).
AIDING AND ABETTING A BREACH OF FIDUCIARY DUTY
A claim for aiding and abetting a breach of fiduciary duty requires:
1. a fiduciary duty on the part of the primary wrongdoer;
2. a breach of this fiduciary duty;
3. knowledge of the breach by the alleged aider and abettor; and
4. the aider and abettor’s substantial assistance or encouragement of the wrongdoing.
Sensormatic Electronics Corp. v. TAG Co. US, LLC, 632 F. Supp. 2d 1147, 1192 (S.D. Fla. 2008); Court Appointed Receiver of Lancer Offshore, Inc. v. Citco Group, Ltd., No. 05-60080, 2008 WL 926513, at * 5 (S.D. Fla. Mar. 31, 2008); Bruhl v. Price Waterhousecoopers Intern., No. 03-23044-Civ, 2007 WL 983263, at * 10 (S.D. Fla. Mar. 27, 2007); In re Caribbean K Line, Ltd, 288 B.R. 908, 919 (S.D. Fla. 2002); AmeriFirst Bank v. Bomar, 757 F. Supp. 1365, 1380 (S.D. Fla.1991).
Breach of Third-party Beneficiary Contract
A person who is not a party to a contract may not sue for breach of that contract where that person receives only an incidental or consequential benefit from the contract. Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277 (Fla.1985). The exception to this rule is where the entity that is not a party to the contract is an intended Third-party Beneficiary of the contract. Jacobson v. Heritage Quality Constr. Co., 604 So.2d 17 (Fla. 4th DCA 1992), dismissed, 613 So.2d 5 (Fla.1993). A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily and directly benefit the third party or a class of persons to which that party claims to belong. Aetna Casualty & Surety Co. v. Jelac Corp., 505 So.2d 37 (Fla. 4th DCA 1987); Warren; Security Mut. Casualty Ins. Co. v. Pacura, 402 So.2d 1266 (Fla. 3d DCA 1981).
Thus, in order to plead a cause of action for breach of a third party beneficiary contract, the following elements must be set forth:
(1) a contract between A and B;
(2) an intent, either expressed by the parties, or in the provisions of the contract, that the contract primarily and directly benefit C, the third party (or a class of persons to which that party belongs);
(3) breach of that contract by either A or B (or both); and
(4) damages to C resulting from the breach.
Additionally, in order to find the requisite intent, it must be shown that both contracting parties intended to benefit the third party. It is insufficient to show that only one party unilaterally intended to benefit the third party. See Clark and Co. v. Department of Ins., 436 So.2d 1013, 1016 (Fla. 1st DCA 1983). Based upon the foregoing, the initial issue presented is whether, taking the well-pleaded allegations as true and viewing them in the light most favorable to Caretta, the allegations of Count III sufficiently pleads all of these elements.
Caretta Trucking, Inc. v. Cheoy Lee Shipyards, Ltd., 647 So.2d 1028 (Fla. 4th DCA 1994)
Anticipatory Repudiation
“The doctrine of anticipatory repudiation is part of the law of contracts in Florida.” Southern Crane Rentals, Inc. v. City of Gainesville, 429 So.2d 771, 773 (Fla. 1st DCA 1983). Repudiation by one party, to be sufficient in any case to entitle the other to treat the contract as absolutely and finally broken and to recover damages as upon total breach, must at least amount to an unqualified refusal, or declaration of inability, substantially to perform according to the terms of his obligation. Roehm v. Horst, 178 U.S. 1, 14, 15, 20 S.Ct. 780, 44 L.Ed. 953; Smoot’s Case, 15 Wall. 36, 49, 21 L.Ed. 107; Dingley v. Oler, 117 U.S. 490, 503, 6 S.Ct. 850, 29 L.Ed. 984; Kimel v. Missouri State Life Ins. Co. (C.C.A.) 71 F.(2d) 921, 923. Mere refusal, upon mistake or misunderstanding as to matters of fact or upon an erroneous construction of the disability clause, to pay a monthly benefit when due is sufficient to constitute a breach of that provision, but it does not amount to a renunciation or repudiation of the policy. Mobley v. New York Life Ins. Co., 295 U.S. 632, 638 (1935).
(1) Where an obligor repudiates a duty before he has committed a breach by non-performance and before he has received all of the agreed exchange for it, his repudiation alone gives rise to a claim for damages for total breach. (2) Where performances are to be exchanged under an exchange of promises, one party’s repudiation of a duty to render performance discharges the other party’s remaining duties to render performance. Therefore, the nonbreaching party is relieved of its duty to tender performance and has an immediate cause of action against the breaching party. Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So. 2d 705, 708 (Fla. 4th DCA 1985).
It is “arguable that anticipatory repudiation is an affirmative defense required to be raised by the defendant’s pleadings.” Twenty-Four Collection, Inc. v. M. Weinbaum Const., Inc., 427 So. 2d 1110, 1112 (Fla. 3d DCA 1983). An anticipatory repudiation also creates a cause of action for breach of contract distinct from any defense. Id.
Rescission
The fundamental requirements necessary to state a cause of action for rescission or cancellation of a contract are:
1. The character or relationship of the parties;
2. The making of the contract;
3. The existence of fraud, mutual mistake, false representations, impossibility of performance, or other ground for rescission or cancellation;
4. That the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission.
5. If the moving party has received benefits from the contract, he should further allege an offer to restore these benefits to the party furnishing them, if restoration is possible.
6. Lastly, that the moving party has no adequate remedy at law.
Crown Ice Mach. Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617 (Fla. 2d DCA 1965).
Quantum meruit
The remedy of quantum meruit derives from contracts “implied in fact.” In these contracts, the parties have in fact entered into an agreement but without “sufficient clarity, so a fact finder must examine and interpret the parties’ conduct to give definition to their unspoken agreement . . . . [in order to give] the effect which the parties . . . presumably would have agreed upon if, having in mind the possibility of the situation which has arisen, they had contracted expressly thereto.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 385-86 (Fla. Dist. Ct. App. 1997) (en banc).
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Injunction
To state a cause of action for injunctive relief, a plaintiff must allege ultimate facts which, if true, would establish:
1. Irreparable injury (that is, injury which cannot be cured by money damages),
2. A clear legal right,
3. Lack of an adequate remedy at law, and
4. That the requested injunction would not be contrary to the interest of the public generally.
Weekley v. Pace Assembly Ministries, Inc., 671 So.2d 220, 220 (Fla. 1st DCA 1996).
Intentional Infliction of Emotional Distress
The elements of the Intentional Infliction of Emotional Distress cause of action are:
1. The wrongdoer’s conduct was intentional or reckless;
2. The conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community;
3. The conduct caused emotional distress; and
4. The emotional distress was severe.
Johnson v. State Dept. of Health and Rehab. Svc’s, 695 So.2d 927 (Fla. 2d DCA 1997)]], quoting Dominguez v. Equitable Life Assurance Soc’y, 438 So.2d 58, 59 (Fla. 3d DCA 1983).
Only conduct, which is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community,” meets the standard necessary to state a claim for IIED. Clemente v. Horne, 707 So.2d 865, 867 (Fla. 3d DCA 1998), citing Restatement (Second) of Torts, § 46 cmt. D (1965). “It is not enough that the intent is tortuous or criminal; it is not enough that the defendant intended to inflict emotional distress; and it is not enough if the conduct was characterized by malice or aggravation.” Id. citing State Farm Mut. Auto. Ins. Co. v. Novotny, 657 So.2d 1210, 1213 (Fla. 5th DCA 1995).
Claims based solely on allegations of verbal abuse are also generally legally insufficient. De La Campa v. Grifols America Inc., 819 so.2d 940 (Fla. 3d DCA 2002) citing Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985) (statements made to induce employee to join sexual liason did not establish IIED).
Tortious Interference with a Contractual
Business Relationship
The elements of a claim for tortious interference with a contract are: (1) the existence of a contract; (2) defendant’s knowledge of this contract; (3) an intentional and unjustified interference with the contract by a third party; and (4) damage to plaintiff as a result of the interference. Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742 So.2d 381, 385 (Fla. 4th DCA 1999) (citing Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126, 1127 (Fla.1985)).
Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Negligent Misrepresentation
Under Florida law a claim for negligent misrepresentation requires that: (1) There was a misrepresentation of material fact; (2) the representer either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false; (3) the representer intended to induce another to act on the misrepresentation; and (4) injury resulted to a party acting in justifiable reliance upon the misrepresentation. Baggett v. Elecs. Local 915 Credit Union, 620 So.2d 784, 786 (Fla. 2d DCA 1993). With respect to negligent misrepresentation claims, justifiable reliance on the misrepresentation is a required element. Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Promissory Estoppel
The basic elements of promissory estoppel are set forth in Restatement (Second) of Contracts § 90 (1979), which states:
(1) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.
The character of the reliance protected is explained as follows:
The promisor is affected only by reliance which he does or should foresee, and enforcement must be necessary to avoid injustice. Satisfaction of the latter requirement may depend on the reasonableness of the promisee’s reliance, on its definite and substantial character in relation to the remedy sought, on the formality with which the promise is made, on the extent to which the evidentiary, cautionary, deterrent and channeling functions of form are met by the commercial setting or otherwise, and on the extent to which such other policies as the enforcement of bargains and the prevention of unjust enrichment are relevant. Id. (emphasis added).
For promissory estoppel to be applied, the evidence must be clear and convincing. Mere expectations based upon oral representations regarding future rights of parties to a contract specific in its written terms has been held to be insufficient to support a cause of action. Smith v. Piezo Technology and Professional Administrators, 427 So.2d 182 (Fla.1983); Harbour Square Development Corp. v. Miller, 517 So.2d 773 (Fla. 2d DCA 1988); Ochab v. Morrison, Inc., 517 So.2d 763 (Fla. 2d DCA 1987); Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985); Muller v. Stromberg-Carlson Corp., 427 So.2d 266 (Fla. 2d DCA 1983); Catania v. Eastern Airlines, Inc., 381 So.2d 265 (Fla. 3d DCA 1980).
W.R. Grace & Co. v. Geodata Services, Inc., 547 So.2d 919, 924-25 (Fla. 1989)
History
The Florida Supreme Court considered promissory estoppel in Hygema v. Markley, 187 So. 373 (1939), but rejected its application because the promise at issue in that case “was not definite but, on the contrary, was entirely indefinite as to terms and time.” Id. at 19, 187 So. at 380 (emphasis added). In South Investment Corp. v. Norton, 57 So.2d 1 (Fla.1952), the Court stated: “[O]rdinarily, a truthful statement as to the present intention of a party with regard to his future act is not the foundation upon which an estoppel may be built.” Id. at 3. In Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So.2d 777 (Fla.1966), the Court had before it an action for enforcement of a doctor’s employment contract with a hospital in which the parties agreed orally that the doctor’s employment was terminable only after five years and on ninety days’ written notice. In that case, it refused to apply promissory estoppel and stated: “The question that emerges for resolution by us is whether or not we will adopt by judicial action the doctrine of promissory estoppel as a sort of counter action to the legislatively created Statute of Frauds. This we decline to do.” Id. at 779
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations there under.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Unjust Enrichment
A claim for unjust enrichment is an equitable claim, based on a legal fiction created by courts to imply a “contract” as a matter of law. Although the parties may have never by word or deed indicated in any way that there was any agreement between them, the law will, in essence, “create” an agreement in situations where it is deemed unjust for one party to have received a benefit without having to pay compensation for it. It derives, not from a “real” contract but a “quasi-contract.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 386 (Fla. Dist. Ct. App. 1997) (en banc). To succeed in a suit for unjust enrichment a plaintiff must prove that:
1. The plaintiff has conferred a benefit on the defendant, who has knowledge thereof;
2. The defendant has voluntarily accepted and retained the benefit conferred; and
3. The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.
See Greenfield v. Manor Care, Inc., 705 So. 2d 926, 930-31 (Fla. Dist. Ct. App. 1997), rev. denied, 717 So. 2d 534 (Fla. 1998).
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
hammertime
July 9, 2014 at 1:41 PM
Great stuff! Way to stay in the fight. Comes down to basic definitions you’ve highlighted. See my post for New Century good example of arguments.
Yes, I think we have the best chance of success acting as plaintiffs rather than defendants. Put in your checklist a good faith meeting to resolve your issues before taking up the valuable time of your district court. Unfortunately PHH missed their meeting with me that I had invited them to, and I had to fine them 5000 Bitcoins to add to my damages. Also copy your action to the Consumer Finance Protection Board and give the US attorneys a chance to prosecute the crime. Who knows, they can only say yes or no. If they say yes, and you are the first respondent, you will receive 15-25% of the judgment. If they say no, you just proceed on your own, having done all that a responsible citizen can do. They have 90 days to respond yes or no.
Supposedly Fannie Mae is the investor of your loan , but Fannie Mae is a cover up for the owner of your note I would look at the endorsements on the note, but that’s another lie. Chances are the owner of your note is the lender. Who does the note/mtg say is your lender?
Can anyone tell me why the master in equity and foreclose attorney’s use Federal National Mortgage association, as the plaintiff, when they want to bring you to court to set a sale date? The originator of the loan was entirely another institution? And with no proof of acquiring the loan. I thought Fannie Mae / HUD / federal government can’t foreclose on a property.
Oh Al…”they” can do whatever they want, legal or illegal! It’s like finding out when we were kids and believed in Santa Clause that he’s not real! Same here…we have no rights and there is no justice for all…only the 1%….Vote different next go round….this is killing America!
Don’t just focus on big, bad govt. It seems people are forgetting that the banks actually do lie and are committing the fraud and paying dearly though not nearly enough. Chase got caught claiming they own WaMu loans from purchase from FDIC and will have to cough up over $250k in ONE case fro attorney’s fees the past week. Google it and see if any cases or you may have to go another route to uncover the fraud.
This is the Chase/WaMu FDIC case kalicki-v-chase_$255,000-attorney-fee-awarded_6-14.pdf you can google or go to Victory Over Chase blog
Google your original lender and FNMA and check your assignments etc for problems with MERS etc
Al – the owner and holder of a note can foreclose. Most, if not all, of the loans originated in the good ole USA were sold to Fannie/Freddie since the late 80’s. Some borrowers weren’t even old enough to vote back then so most don’t remember what took place to allow all of this greed to ‘seek and destroy’ the banking system and it’s means of regulation. Anyway, once the loan was sold to either Fannie or Freddie they ‘owned’ your mortgage. Yes, there is supposed to be the proper assignments but under UCC which is Federal, the possession of a note is considered fair game in foreclosing depending on what state the property is located. Going by the note (copy) in your possession will NOT determine who the current owner of the note and mortgage are now. However, you can make a demand upon your current loan servicer (whom you make your payments) via a letter and ask who is the owner and holder of your note and mortgage. Servicers, who only collect payments, cannot foreclose on a property or initiate foreclosure proceedings. They are required under current law to disclose to you any such information if you make a formal request. If there is no trail whatsoever on the chain of ownership for the note, I would suggest you file a motion to determine how/when the Plaintiff acquired your note and mortgage. If you don’t question that chain of ownership don’t think for a minute that the Judge is going to question it. They don’t and really hope you won’t! And when you don’t question and file motions is just what they want! It’s the ones that stay quiet and do nothing that the court system loves the most! Easiest and shortest way to steal more homes!
Another side of the greed, lawyers defending the scumbag elite feel free to comment, reporting fraud by the little guys mostly it looks like http://mortgagefraudblog.com/
I read that too and for the moment, I felt the same as you, but it is up to us now to make others aware onthis unjust attack on hard working American people and make sure this never happens again. We know now we can never trust our government or the “ruler” of govt.
Don’t trust those that are buying our government and destroying our democracy from BOTH parties the past 35 years. Although we saw this 100 years ago but our education system is also being destroyed and most Americans think Democracy is about free checking!
Jamie the Crook Diamond has throat cancer and will be irradiated shortly. I hope he is arrested even sooner….the sooner the better. What a sleazebag traitor to the American People…
NY…when will you learn…greed and a guilty conscience = cancer and cancer will kill him….fingers crossed. People….good people lost everything and some fell ill and died from stress….being robbed.
Q: How many TBones can one fraud meistro eat?
A: 0…..choke on your fraud Jamie…the World hates you and Steve Kandarian……you C-uh ohs….are all the same. Zeroes…..all of them.
Jamie…..you did this to yourself…it is your Karma….the beginning of your end….and America treated you well….greed kills…eventually.
777
I’m glad to see the board is back up and working. I was having trouble posting a few days ago.
Does anyone on here have a federally backed loan (Fannie or Freddie)? Is anyone familiar with custody laws regarding the notes that Freddie and Fannie have invested in? Must they be in possession of the note, or may the servicers be in possession on behalf of the investors (which in this case would be Freddie and Fannie)? Furthermore, must those notes be endorsed to Freddie and Fannie? If so do you have any examples of those endorsed notes as used in prior cases?
From a foreclosure defense attorney in Florida (who posts on this site).The defense in this case is that the lender never applied payments for 22 months….ready for this?
“You must understand just how aggressively the courts are pursuing foreclosures with only one goal; grant foreclosure judgments for banks.
I don’t know whether you picked up on the overt hostility against us in court yesterday, but the hostility and anger directed at defendants and defense attorneys is like nothing I’ve ever imagined in my worst nightmares.
I can tell you story after story of gross examples.
I’m fairly certain that if they are advised of your payment defense they will come back and say, judge we’re just going to waive all the interest and payments missed, give us a sale in 30 days and the judge will grant this.
And you can just forget about appeals.One of the main forces behind this attack on consumers is appellate courts that just do not want to consider any of this any more.
All you have to do is assert the fraud defense which changes
Jurisdiction to federal court pursuant to federal court rules of
Of civil procedure
Then file a claim under federal law fdcpa
Screw that florida judge and there is nothing
The local judge camn do about the above
The legal doctrine for this is. A long latin name i dont recall
Am not a lawyer and am just stating facts not giving legal advice
Always check and pursue competent legal advice
David
You all in florida should pursue your claims and defenses
In federal court not state court
There is no judicial system in florida
It is gone and gone forever
0
Bobbi Swann
June 20, 2014 at 2:05 PM
@ David Franklin – you talk about asserting the fraud issue – how can the payments not being applied be determined as fraud? Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
The mis-application of mortgage payments an action; not a statement.
Any suggestions on how to tie this into the first element above to quantity as fraud?
David f
June 20, 2014 at 2:36 PM
Hi Bobbi
you are right
however in my case chase did the same thing
Fraud also involves in your case and mine stealing
of mortgage money that belongs to the investor
Misrepresentation is another form of fraud but do not
have to prove intent
To not apply your payments is a violation
Of the American financial accounting standards board
regs for mortgage payments
Also your payments include your money for taxes etc
That is your money not the investor
To as steal your payments and escrow funds may be prima
Facie evidence of intent to defraud you and not allow
You to pay off your debt that may be cons trued as extortion
This is not legal advice and am not debating as it you Bobbi
Always get licensed competent attorneys to help you
As I have said before debating here is worthless talk
We need to take these complaints to capitol hill and
public interest groups and media to clean up our banks
What chase has allegedly done is kick the ball down the road
By creating balloon payments on first trust loans date
Due in 2037 ) with no disclosure or application from homeowners
David
And most of us don’t even know it but chase screwed.
up via their whistleblowers employees and sent me the notice
Twice
THE MEDIA WILL NOT REPORT ALL THE ILLEGAL ACTIVITIES GOING ON WITH THE CFPB OR THE 50 ATTORNEY GENERALS!! THE BANKS OWN THE MEDIA….YOU HAVE TO FILE FEDERAL LAWSUITS AGAINST THE BANKS..BE THE PLAINTIFF, NOT THE DEFENDANT, THE SYSTEM IS RIGGED!!
The court could view that as one sided. You have to always let their attorney know when you are communicating with the judge about your case, although their attorneys will try to sneak and do things around the homeowner. I am reviewing my file more often now that I am pro se. I see something’s in the file like a “verified mortgage complaint” Is a joke and claiming I have not made a payment since 2009. I am so going to throw chases attorneys under the bus
Consumer protection responses are never any help. I have complained so many times. Maybe the media needs to see how they respond
And then maybe they will take our complaints seriously
Exactly! Sales may have been stopped in my case but I can’t believe they are following up on broken laws as they claim. If you have any out and out lies we can share aside from the legal questions let’s do it.
Agree. I am going to see where our message will hit the hardest. Also the attny for the chasemdlsettlement is not really helping. They have been paid. I have ask for them to monitor my attempt at another modification and all I heard were crickets
Thanks David, will do. I am getting calls around 6or 7 in the evening since I have started modification process for the umpteenth time. They r claiming to have better follow up with the process now. I am not afraid of their attnys. They are jerks and I have no intention of backing off in the courtroom either. I just wander if they could get me for contempt and I don’t see how as long as I am being reasonable and not emotional, but it maybe one of their scare tactics to shut a homeowner up especially in the corrupt florida courts
We’re not the “crazies”. They r well aware that we know what they r trying to pull. Can a person be held in contempt in a mtg foreclosure lawsuit. If the homeowner is speaking the truth
In a normal tone, how can there be contempt?
When I sent a letter to the judge in the CRIMINAL complaint against ME, just trying to explain my predicament the response was pretty chilling, basically warned that sending letters could get me in trouble after I reviewed with public defender. The City’s manipulations could be seen as they filed lawsuits on everybody BUT CHASE. I kept at it and now they filed last week, who knows why now. I’ve made a contact in the City Attorney’s office so we’ll see how it goes.
Can u be more specific about chase claiming u r an Internet “crazy”. That sounds crazy in itself. I did get a letter from chase saying they would no longer use texting to a customers phone. Go figure on that one. I have never received a text and they absolutely refuse to email at all. I’m sure due to liability. Their customer service is not the brightest bunch
hello LMS
beware of chase phone calls from their mobile banking unit out of Houston texas which is a euphemism for their mortgage default management group being run by s.v.p mike zsarro who uses the law firm morgan lewis and nebius (not sure of the last name spelling) out of Houston texas who doles out all of the foreclosure work from chase.
chase harassed me by phone about 50 times by phone and letter in the month of april and after picking on me in relation to the lawsuit at http://www.chase.mdlsettlement.com they then turned on my attorney here in Vancouver wa near Portland Oregon and harassed him by phone for about two weeks. in my case the harassment started at 7 a.m and ended at 7 at night.
I suspect that more and more chase employees are going t o go berserk and more and more are committing suicide in Europe and here in the u.s.a. as well
and a reg proposal has been entered at the u.s treasury dept to cut of irs whisteblowers who blow the whistle on income tax evasion o n the big banks.
that is currently pending.
the source for that is the national whistleblower center in wash d.c. via email notice.
I had made follow up complaints to the CFPB and QWR responses demanding they explain all the variations of Chase and MERS info etc and made a demand with the trustee regarding homeowner bill of rights/settlement requirements as to chain of title and single point of contact etc. Their correspondence was basically lies on top of lies with example I show on file sharing site.
It’s a long story but all of a sudden the trustee was out of the picture and I was told to only speak to their lawyer in Irvine, CA. The guy made no reference to all my correspondence and said it was all internet gibberish. The emails are pretty comical but in the end he tried to tell me only he could change the sale date and I demanded he prove that he had standing and could act as the trustee and to stop the personal attacks basically. I reminded him he was violating the HBOR as well reflecting no knowledge of my case. Almost as he was telling me the sale date would not be changed I saw on the trustee web site that the sale had been changed.
Turns out they were filing a new NOD after 5 years.
Lo and behold the guy ends up writing some HBOR piece on an industry blog.
Lately in LA area lawyers are actually offering to take cases on contingency. I had a great conversation for nearly 2 hours with a young lawyer but once the office manager got involved it all went south. The guy looked disgusted when I showed him the misleading offer Chase made and tried to dismiss it as too old because he was looking at the note date. The lawyer was pretty amazed at my case but the manager guy almost repeated ver batim what Chase had said that cases like mine are crazy internet stuff. They also basically told me the courts in LA county are corrupt. Basically a bait and switch not necessarily from the lawyers that are trying to do their job but from the main partners and the office managers to bring in the cattle and discourage lawsuits unless it’s easy or a modification.
You’re right it is crazy. It’s as if they will say anything to not acknowledge the facts and stick to the line that all this fraud and lies are all in our head when it’s all there in black and white. I’m sure every one of us has these types of examples if you’ve been doing complaints etc. which has a greater impact then talking abut securitization etc. Of course people need to be educated so they can engage these clowns.
I keep thinking of an article that said agencies, elected officials, judges etc were told that homeowners could not benefit. This is the basic mindset that needs to be changed and it won’t be done in the courtroom.
The other part of this psychological war is that lawyers, judges, the lenders themselves are saying we’re just a bunch of internet crazies. That’s what’s been happening to me the past 2 weeks and I can document Chase saying that.
So we need to make the fraud public and stay focused when we’re making public statements.
Hopefully you’re all not on wild goose chases or you’re not with the banks trying to create them.
hello Chased LA
it seems that uscfpb mr cordray’s agency that takes our complaints via their center in iowa and in the southwest usa are allegedly derailing our complaints to the us cfpb with a little computer trick calling our complaints duplicate complaints. this happened to me twice including my allegations that chase may be committing federal income tax evasion from pocketing our mortgage payments under the guise of loan modification. loss mitigation and / or dual tracking. they have done this to me and I am not even behind and five payments ahead and their whistleblower chase employees have sent me docs to show these allegations may be true.
I would love to see your documentation CHASEDLA and what chase is saying. I have filed criminal charges against chase senior execs that run their mortgage operation with the us cfpb for extortion of me and grand theft and grand larceny of my mortgage payments to pay for their whores. parties trips and more importantly their $ 40 billion dollar legal bill with no legal authority to do so and not paying income tax on these monies. these practices MAY EXTEND TO WAMU LOANS METLIFE LOANS AND BEAR STERARNS LOANS LIKE MINE.
IF YOU WANT TO SEND ME THE CHASE DOCS I WOULD LOVE TO SEE THEM MY EMAIL IS blackvan@yahoo.com
best regards
David Franklin
hammertime
June 20, 2014 at 1:16 AM
Hello David, ol Hammertime here don’t know why it came up ChasedLA. Have you received emails for file sharing site? I’ll try to get letter I rec’d in next couple of days after editing prob over the weekend. The site is the a way to make sure we’re dealing with real people. I’m in crunch time and would be good to know who you’re talking to at Chase. I’m at the core of the onion and it stinks and is corrupt all the way through. I’ll email you again as well.
hammertime
June 20, 2014 at 2:19 AM
This is where I think we fall into their trap. If we can focus on the fact that you are five payments ahead should be FRONT PAGE NEWS! Whatever happened with the investigative reporter you reached out to. Did he see that?
I have started emailing the media starting with Rachel maddow on msnbc.com her email is Rachel@msnbc.com and abby martin of rt.com and rt.com hostess on boom or bust banking show on satellite tv for rt.com.
we need publicity and bugging uscfpr via letters to senate and house banking committee for more enforcement and arrests like when bankers were arrested (3500) during the savings and loan banking crisis back in the eighties.
these guys need to loose their jobs put in prison and their property and assets seized since they were gained from the operation of a criminal enterprise allegedly and all derivative hedge bets and credit default swaps all $ 500o trillion of them cancelled that are taken out by chase andothers against homeowners where chase makes up to 43 x the face value of the mortgage upon possession and eviction of the homeowner through foreclosure using predatory mortgage servicing practices allegedly.
regards
David Franklin
hammertime
June 20, 2014 at 1:57 AM
Great! If we can put together these 3 or 4, more Chase nightmare cases on here together, not legally, but as a publicity project could have a strong impact. I have some local media contacts and there is great coverage on Bloomberg. I’m reaching out to one of their reporters.
If we can get this together can approach 4closurefraud and other groups.
If we get the facts out there, as in our cases, pressure will build. Cantor lost because of his opponent’s focus on cronyism not just about immigration. We need to knock over a crony cow on the Democratic side!
I believe that is one of the judges with a alcohol problem. You can always use that as a defense. I think she is off the bench and in treatment. Tom. We do need monitoring in the courtroom. Witnesses are always advantageous especially in this crooked mess.
In Florida courts, all foreclosure cases must be tried IN OPEN COURT by a judge – no jury is allowed, unless there is a counter-suit in which case the judge will bifurcate the cases.
Judges are allowed computers but they MUST be off to the side in front of them so they at all times can see the plaintiff and defendants podiums. The public is, by law, allowed to watch EVERY part of the proceedings except for sidebars and chambers issues which are to be procedural ONLY..
During the defense of the case, the judge was GLUED to her computer screen and clearly reacting to and interacting with IT.
There were seven witnesses.
THIS is why we need to get involved with others cases as well as our own, and be activists on behalf of ourselves as well as others…
Bobbi Swann….I would like to connect with you as I am in Pinellas County Courts as well and Judge Pamela Campbell facilitated false and forged documents from an unknown bank allowing the foreclosure to be obtained. She is beyond unethical…there was never one hearing…just her own order to go to Trial? People should know that they will not get a JURY TRIAL because 12 American’s will see the fraud and rule against these unknown banks stealing our homes. Nor are there Court Reporters and trying to find one that does not work for the banks is beyond difficult!! We are being so screwed by the very system we were taught to believe will give us the Justice our constitution entitles us to!! please email me at elyse@gte.net
Lyynps – You will never get a jury trial on a foreclosure here. For one thing, it is stipulated in your note and mortgage as non-jury trial. Second, foreclosures are civil actions while jurys are only for criminal actions (at least in Florida). I am sending a motion that was filed in another case against this same Judge for misconduct and removal from the case. It reads just what happened to you. There is a court reporter in the St.Pete central court house now being used and you pay dearly to get it transcribed. There isn’t one in Pasco especially if you have a hearing in front of the Judge and it’s in his office. I have found that somewhat against the Rules of Civil Procedure but going through the FL statutes is like trying to find a needle in a haystack and so far I’ve not found anything to the contrary. However, if you turn around and file suit against the bank in a higher court (criminal charges) you WILL get your jury members. I do believe that filing for punitive damages, etc. will also fall under the criminal courts. Look for my email.
I spoke for over 30 min yesterday w one of MetLife’$ Corp attorneys. …he called me back and I told him everything…..even the $# I would accept as ‘settlement’. It was a big number…..’zilla big.
Si…..we are winning. He was very clear to me that MetLife is ‘no longer in the banking business’….life insurance. ..annuities. …etc….but no mortgages….no bank accounts….they were caught.
Chase has all metlife loans now
And are being foreclosed on by chase fraudulently
Regards
David
Angel
June 19, 2014 at 1:01 PM
CHASE/JPMORGAN=EVIL,liars,thief’s,100%in front of the destruction caused to destroy ”American Dream”they are giants using our backbones,sweat,sacrifices,as their legs to stomp us into utter chaos while stealing all worked for,,,2big 2fail???I BEG to differ!!!!!2 GIANTS being fazed out,Freddie/Fannie because of people like us:-) all evil will come into the light,& we will SHINE:-) ANYONE,EVERYONE dealing with chase,dissect EVERY piece of paper to/from them,,the ”fraud”is everywhere,they WILL contridic,& overwhelm you in nonsence,keep everything,– USE THEIR WORDS/NOTICES AGAINST THEM…paper trail,paper trail,paper trail!!!!!!!!!=====better defense/ammunition….I’ve been fighting chase now since 2010,& honestly I’m just getting warmed up:-) & what I’ve came to realize,NEVER,EVER,EVER give up/lay down,,,I was ”wronged”on soooo many levels of pure deceit,I’ve felt a ”flurry’ of emotions,including ”oh no they better dont”’2 FIGHT FOR MINE:-) there is NOTHING good about chase,NOTHING!!!!so if approached as a 1st time buyer on which entity(bank)& chase appears,RUN….don’t walk away,RUN,,,HOMEOWNER’S in today’s world/ways are/will be on the ”ENDANGERED LISTS”/EXTINCT & chase is a main POACHER!!!!!!(
However, one word of warning…in settling, you MUST be reasonable. It must be a WIN-WIN for everybody. If you become as greedy and unreasonable as the Banksters, you are no better than them…
the other part of the problem is to divest ourselves of the two party monopoly running the government and courts – so run or recruit good people for office and support true independents and work hard to get party-voters to join you in the effort !!!
I would like to see party registration numbers going down to <bLESS than the number of independent voters in every State if the nation – who’s with me on THIS !!!
Tom is this your first modification. Yes beware of the final modification papers as they add on so much on the back end and try to refer to it as principal. They will steal every last cent of equity you have in your home. It’s a joke or they think we can’t read. I am still waiting to see the result of this class action. Chases attnys are trying to set for trial They r trying to weasel me out of this settlement. Of course I have no intention of letting that happen. Their so called delinquencies that they want to stick on the back end of my loan better disappear or they will once again be in breach of an agreement. I will contact the judge. What good is any of this if the homeowners r not benefitting.
CONGRATULATIONS !!! We here are having success by PUSHING PUSHNG PUSHING.
Our GREATEST WEAPON is DOCUMENTING THE TRUTH…the bastards head for the hills when it looks like a low flying cloud is hovering over their heads !!!!
DON’T STOP NOW
remember…a Grand Jury would be GLAD to see and hear your case and documents..thats where ALL of us should eventually get in front of with this…AND the media of course
i noticed in court yesterday, Brevard co. is doing the same as bankers with their judges, rotate them untill no one knows what is going on so they can snow job the whole court system with” will they did borrow money.” there is no justice
Tom Heinrich
June 19, 2014 at 11:30 AM
Actually, rotating judges is very good for us !
It brings fresh looks at what’s going on…some of our best victories have been where these new judges look objectively at the facts and at the law and apply it CORRECTLY !
AND when a judge is rotated, it can mean they have been caught at wrongdoing. Remember I filed SUIT against the judges of Broward County and a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case – which the plaintiffs counsel agreed they screwed up and they had no case – even though Judge Imperato found in favor of the Plaintiff after the defense rested. What an insult of the legal system !
IT SHOULD BE OUR GOAL to install court watchers in every foreclosure case in the nation to catch and document EACH INSTANCE of judicial misconduct, and file complaints.
WHO’S WITH ME !
Bobbi Swann
June 19, 2014 at 11:57 AM
@ Tom Heinrich – I don’t know about your court system but here in Pinellas County, FL the judges sit about 3′ higher behind a desk than counsel. Tell me just how anyone is able to see if a Judge is on their laptop or even see what a Judge is doing on the computer or not! Every Judge here has a computer in FRONT of them. Who can see that? And you can’t get behind the Judge or those bailiffs that stand on either side is going to stop and/or put you in contempt. How could you have possibly proved your point “..a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case…”????
I would have to be an Idiot to vote for another Republican or Democrat
and so would YOU.
You all know I have done six and a half years of extensive research into the fraud the government and banking industry have foisted upon the World.
Now comes the VERY ugly truth that all the ‘programs’ to ‘help’ borrowers really serve to benefit the ruling clique financially, as did running mortgage debt up to an unsustainable level and then crashing the system…it wasn’t by accident, it was ON PURPOSE.
The “fed” printed the money, ‘lent it’ to the big banks to distribute through puppet originators then purchased the paper and put it in a huge hopper called MERS where anyone could take out anything they wanted and claim it and even CREATE the documentation of the transfer. No one owned the paper, yet they foreclosed to get free real estate and wind up with insurance funds, resell the property and pocket it also and have as many “DEFICIENCY” judgments they are still owed by borrowers with NO PROPERTY.
FRIENDS, THIS IS CRIMINAL RACKETEERING, and we need to insist ultimately that all of the individuals be imprisoned and Americans FULLY restored to owning this real estate and an equitable resolution reached over this artificial, only on paper, debt.
I thought my foreclosure was over, the judge inactivated the foreclosure case and the self-professed servicer agreed to more than according to the HAMP guidelines. Now, just prior to my third and final ‘trial’ payment, it turns out the clique has set it up that those with Social Security income such as myself, have their income calculated at 125% of their Social Security – FAR more than adding the amount of withholding,unemployment Medicare and Social Security contributions to get the equivalent GROSS income of an employed person !!! The resulting payment could be far more than the scheduled payment. PLUS they can charge more than the current prevailing fixed rate, put a huge balloon payment after making your loan a new 40 year loan..increasing the yield on the loan, and COST TO YOU, to FAR more than it would otherwise be !!!
In addition, Wells Fargo acknowledges they have to answer to the Consumer Financial Protection Bureau over my formal complaint but THEY ARE IN DEFAULT OF THEIR REQUIRED TIME TO RESPOND.
Any question we need to dismantle the banking cartel and remove the crooked legislators, regulators and judges ???
You all know I love to do research and discovery and uncover the documentation of the truth.
Anyone liking my help in YOUR matter, I would love to assist in any way I can !
Im fighting chase on creation of loan
I never applied for with a balloon of 313000
Dollars in 2037 no mortgage statements and extortion
Of me to pay mortgage payments teice for same month and year
For nine months and first payments disappeared in chase
Pocket
I filed criminal charges against chase with uscfpb twice
Includimg income tax evasion under federal law
Tom – As an originator you can only gross up SS and or Disability income IF you don’t report that income on your tax returns. If you do report it on tax returns they CANNOT gross it up the 25%. The reason that is allowed is because as a ‘tax free’ income it really had more spending power simply due to the fact that it would be considered tax-free monies. If you do show this income on your tax returns you need to inform the lender that they are in violation of Fannie/Freddie and HUD guidelines. What they probably did was gross it up just to have you ‘qualified’ under the HAMP program with the higher mortgage amount. HAMP does have guidelines on front/back ratios so gross income plays a HUGE part in getting you approved. AND remember with these modifications they are actually adding back in all the fees, accrued interest, proper inspections…on and on with their ‘fees’. The mortgage balance goes up from the original mortgage while you pay interest now on top of (accrued) interest that was added to the principal. That 5-year adjustment is/was in ALL HAMP modifications! It was just that people never read the fine print! They are a disaster waiting to happen….and let’s see since the first ones will start re-adjusting this fall. Most of them will default (again) and 90 days later we are going to have another onslaught of foreclosure filings all over again all across the country. Obama can go on national TV and spout how he’s helped the economy and the people….all the while lying out of his arse! January, February & March of 2015 are going to be critical months. Personally, I think we are headed for another ‘meltdown’.
Tom Heinrich
June 19, 2014 at 12:21 PM
My income is solely from Social Security right now since I was in the mortgage industry and had my savings and retirement completely wiped out in the crash, otherwise my wife and I would still be traveling all over the world as we had planned.
Thus said, you know why I have superior knowledge and motivation on what’s going on. If my income WERE taxable as an employed person, it would be approximately 112%, NOT 125%. I would still qualify and my payment be substantially lower. They ALSO used the payment that was shown on my CREDIT REPORT, which was way too high, THEN they added my HOA and insurance on top of THAT wrong figure, so I have many issues to take to court if we do not work out the proper affordable payment, including filing on behalf of ALL SOCIAL SECURITY recipients that have been put into, or denied, modifications. This is FAR from over !
I have dedicated my life to full-time employing my efforts into making the world a more equitable place for all to live, and that means changing the worlds banking system to be run by good people, not criminals. There ARE MANY OF US, INCLUDING THE FORMER WORLD BANK GENERAL COUNSEL, DEDICATED TO THIS, all over the world…this is NOT a United States issue at all These people finance the WARS all over the World, for the profit of a relatively few people, as they do the drug trade..their goal is to leave everyone, every business, and every country deeply in THIEIR debt. THIS is World War III. I wish EACH of you were working right alongside me and the others in all our efforts. Contact me if you are willing to spend some time on what needs to be done ! Until WE get as organized as THEY are, it won’t change. Criminals belong in jail, NOT running our banking system and governments.
Bobbi Swann
June 19, 2014 at 3:25 PM
Okay, if you worked in the mortgage industry you should already know that the 125% gross up is standard and if you qualify on ratios without it then fine, have them remove it. As to the (mortgage?) payment on the credit report why would that be a basis, why not the promissory note that spells out the P&I payment? If it’s an account other than the mortgage (i.e. revolving debt) for a debt that is being used against you you can simply submit to them the most current statement for that account with the current payment and they will change the payment amount. That is also standard practice in underwriting. HOA, real estate taxes and homeowner’s insurance premiums are ALWAYS counted in the total PITI payment for qualifying. That has not changed in 40 years. You may pay the taxes and homeowner’s insurance outside of the mortgage payment as long as you are under an 80% LTV, yes, but they are still counted in the total. HOA fees are also counted in the payment as they too are part of the overall mortgage payment even though you do pay them seperately. HOA’s have immense power when it comes to properties and esp. in foreclosures to protect their fees.
If these escrowed items is one of the basis for your argument as to the ‘wrong’ payment you may want to consider backing down on this issue. They are correct. Remember, adding those items in the PITI (including HOA fees) could put you over ratio UNLESS they gross up the income. You may want to check your calculations again to make sure that you do qualify without the grossing up.
Tom…..it goes without saying, I am in this war…and it is wwiii…a war on law…courts….property rights….and you ARE 100% dead pan on….there are those who value a balanced and fair tea leaf scale (read: respect for common law…no fraud in the banks)….more than money…..in Asia it is called ‘face’…’honor’….and when you and I bitch about hundreds of thousands of $in losses…..these Asian dragons and Scottish dragons lost tens of billions….trillions even….numbers so large they mean little to the average citizen….and to lose ‘face’ on top of that…..to have received only $6 worth of tea after spending $60000….after being cheated….these kings/dragons/pharoahs….these ‘forces of counteraction’ have convened….are reviewing under counsel. …yes I mean ets…grays….queens…et al….the scales of justice were molested…..and now the FBI is being told to bring in the RICO Teams…..rotating judges is good….if justice is perverted in America…the dollar crashes….if the dollar crashes…..well….the super rich are 30-75% poorer overnight…..the dragon has our uncle sam by the BLS…..in Asia they call it ‘saving face’…..in the United Kingdom….(king dom)…only fair banking scales are tolerated….pound for pound….so without further ado…and ‘I do’….count me all in. What I have is 3-5 hrs a day to spend on my lawsuit and helping others…..if I set up a bank account ‘Bank of the West’ in Boise….and if people can donate to it….I could hire….pay….ask others to research…copy….mail….file…..outsource….I can run w the big dogs but I need a modest budget and some (2-3) helpers….honest and dependable assistants. …I would like to pay them $15-20 / hr….. see where I am going w this……if anyone has a rich uncle who wants to help our cause….have them reach out….divide and conquer sure….unite and destroy for good…destroy fraud for good…for The Good. 777
i too am having problems with Bank of America Acris NYC DEPT OF FINANCE notified me they recorded two documents a mortgage and an agreement against my stolen condo trying to hide a mortgage they issued and flipped to investors from Ginny may;
The illegal flip reads from Frances B Turner a straw buyer to a Patricia Byrnes who i discovered was a worker at MERS
MERS DOES HAVE SOME WORKERS
TITLE RESOURCE GROUP
3001 LEADENHALL ROAD
MT LAUREL NJ 08054
I am trying to find out if RASC Series 2006-EMX1 Trust is still active. I got as far as the SEC Website which states on 1/12/07 a Notice of Suspension of Duty to File Reports form 15 was filed under Rule 15d-6. I called the SEC to find out what that meant and all they could tell me was that after that date they have no idea what happened to the trust or if it even still exists. I need to find out if this Trust is still active. I am currently in an active Bankruptcy and this could help me greatly if I can find out if the trust still exists. I can be reached at 443 677 2799 or jsmith5915@msn.com. James Smith
remember kids….america (the world by defacto) is run by 51% of 33%….the other 66% don’t care….I’m in the other third…. as much as I despise greed, $loth, fraud….I still need some greenbacks and a roof for my woof…Penske won’t take beads…also remember…I helped get 4.2 million a small check…..an insult….collectively it is:is time. Last round so to speak…..give ‘er all she’s got c’pain…. yes THAT story….
Our servicer has filed for foreclosure. We will be served any day now. I am eagerly awaiting the process server to see what sort of documents they submit. I contacted the government agency that owns our note in the past few months but of course the “left hand doesn’t know what the right hand is doing,” as ALWAYS. They said they contacted our servicer for them to send a mod packet, but of course that never happened. So our court battle begins.
Sounds like you’re where I was at in January 2013. Write down everything. Record all phone calls, or better yet, don’t talk on the phone. Make them write, sign and date everything. Chapter 13 will freeze your assets for 5 years, and you decide on the exit plan. File a complaint with the CFPB. File a criminal report with your local FBI. Publicity! Publicity! Publicity!
got my notice to set trial, laughable that “action is at issue” with a so called “verified mortgage complaint” there wont be a trial anytime soon because I have the verifiable facts. Chases lawyers are so crooked, they r trying to push the foreclosure thru, even with the class action still pending. We are supposed to be getting letters to allow us to renegotiate, but the attorneys are still trying to foreclose, another fine example of dual tracking.
tiny tim got us into this catastrophe. ….
im fighting in court…..for america….the buggys comment was a reference to the cartoon…but losing $1m to bank thiefs is grounds for bad karna….year 7…the love letters were burned years ago….. better wake up people…its showtime.
New York……your greed destroyed my country….where were the life guards….???? Sloth….
Breaching as I stare at my Penske moving truck….yes post fraud closure comes ‘do the rental dance tango….time #4 in 7 yrs….FY MetLife…Chase…
So Bravo David….after VA shake up of late…your ‘status’ holds weight….throw it around. Make the counterbalance sting like a ray….each person you listed…w special ‘shout out’ to the Hon. Richard Courdray and Hon Sen Warren…both of whom I have dealt w directly and was impressed w their responses. They saw the tide shift early…..swung hard…and now get a ‘seal’ of approval…..Ms. Warren would make a fine President….or VP….j’sayn…..they are both old school and new school….they get it…..back them….Bernie too.
If anyone knows of criminal complaints filed in any US State (NY?)against Steve Kandarian…and/or MetLife as a Corp…. ..could you please reply.
Oh….so yeah as of 7:56 pm mst in boise I am…
A. Still suing the trousers off of Stevie…and Jamie…..
B. Still crunching out RICO complaints…
C. Still encouraged by Dave and the 7 pts gang….’quoitens for ya buggsy…coi-tains…’
D. Still alive…..v alive.
Again….freedom of info request…Hitchin v MetLife…Et al…Ringert Law…Laura Burri…Realty Royale… get your copy…..take the ride. 777
1♡. ….
Ps…look up The Dragon Family….US Bonds…..hmmm….good time to rebalance….
Bet hard on Warren….Courdray…good people. With integrity….
Monday June 9
“One’s life does not consist in the abundance of the things he possesses.”
Lk 12:15 NKJV
Living for the Right Reasons
I
t is said that in 1923, seven of the world’s most successful men met at a Chicago hotel: the president of the largest independent steel company, the president of the largest utility company, the greatest wheat speculator, the president of the New York Stock Exchange, a member of the President’s Cabinet, the president of the Bank of International Settlements, and the president of the world’s greatest monopoly. Collectively these tycoons controlled more money than there was in the United States Treasury. Now, fast forward twenty-five years and let’s see what happened to them. Charles Schwab, president of the largest independent steel company, lived the last five years of his life on borrowed money and died a pauper. Arthur Cooger, the greatest wheat speculator, shot himself. Richard Whitney, president of the New York Stock Exchange, spent three years in Sing Sing Prison. Albert Fall, a member of the President’s cabinet, went to prison for bribery. Leon Fraser, president of the U.S. Bank of International Settlements, shot himself. Ivan Kreuger, head of one of the world’s largest monopolies, also committed suicide. If the recent economic upheaval has taught us anything, it’s that money brings neither security nor happiness. Yes, God will bless you with money (See Dt 8:18). And He will do it for two reasons: (1) Because He delights in seeing His redeemed children walk in His blessings (See Ps 35:27). (2) Because He expects you to use your money to reach a hurting world with God’s love. If you keep those two things in mind, you’ll be living for the right reasons.
Well the crap hit the fan afyer i filed extortion money laundering
Grand theft grand larceny wire fraud mail fraud irs income
Tax evasion chrges plus fraud against senior and junior
Emplyees od chase bank and thie exec officers twlo weeks ago
As a disabled veteran bu the VA
With richard cordray exec director of uacfpb in wash d,
.c. all related to my mtg loan i never applied for
Chase went berserk again like they did in april with the fed couer case in
inboston against chase
Chase got into it with my attorney on tje phone
I named chase employees in my criminal compaint
Uscfb delivered to chase on D Day Normany invasion
Of europe
David
I suggest we all file criminal charges against our mortgahe servicers aand
Lenders
I sent copies to
Cnn on atlanta
Sen ellen warren
Sen bernie sanders
David, I am wanting to file criminal charges as well…we cannot win in the civil courts…it’s criminal for sure! will you forward the Criminal Complaint either posting it here or email me at elyse@gte.net? Please send as I have all my fraudulent docs out and ready, just need to see the format you used????
david franklin
June 8, 2014 at 7:08 PM
Hello Idy
Pls go to uscfpb.gov
No special format
Follow theirs
Register as well
Send it on the we.bsite in the text area
To Richard Cordray Exec Director of uscfpb in wash d.c.
And no 2 senior exec
Of chase bank
Frank Bisignano and Kevin Watters
Copy to
Sen ellen warren of us banking committee
Sen bernie sanders of us senate veterans committee
If you or your family are affected buy chase and they
Are a veterana
The more complaints like this the better
We need two million of them
David
By us mail not fax or email
hammertime
June 8, 2014 at 11:29 PM
Thx for blazing the trail. Will be my next step as I have more Chase out and out lies. Interesting twist is City filed lawsuit last week. Also made contact wit local candidates so will see how it plays out locally. Let’s keep pushing from all sides! See Gheitner interview to get blood boiling even more.
Angels LOVE fighters…..don’t worry…what they stole will soon be returned…with interest. Worldwide interest. I want to host a Beat up the Banker Day….on Wall Street.
Main Street v. Wall Street………asking Hells Angels MC to escort the Trunk Show.
I want to hear those pipes rock FretLife……and Steve Kandarian can pay back this victim of white collar crime…..punk. You will feel me Steve…..you will feel me before you ever fn see me…..like ‘Zilla…..I’ll add God to your name……
Fight Club……if this is:is your first foreclosure. …you have to fight!
Remember WHY we honor Memorial Day….Americans Fight their abusers…be they foreign or domestic….. MetLife and Chase shall be sued….HARD.
God Bless…..
Trevor
My battle began Monday. I will be victorious. I will shame and conquer. Thanks to all who have shared your valuable stories. I hope I may thank you in person one day.
Ray Shelton May 19, 2014 at 7:49 pm
If you are being foreclosed on By US Bank and or SN Servicing ( Please No Other banks or services please) Please check the signatures on your deed in your county clerks office, if you are sure that forgery or falsification of your documents has taken place then call me ASAP we are going after anyone who has wrong us by forgery and or uttering forgery under the RICO ACT. This is happening now 2014 Please join us. call 352 274 8467 Ray Shelton
#1. Did A Serious Crime of forgery and Uttering forgery take place by US Bank and their attorneys against you ?
#2. The OCCs Cease and desist order signed by US Bank and its Board of directors specifically says that US Bank and its third parties ( Servicer’s and attorneys) will stop this kind of criminal activity immediately and make restitution, but they have only escalated their activities of illegally taking homes in Florida via Forgery and falsifying documents etc.:
MEDIA STORY LINE. A Well known highly respected Florida Notary and his wife who witness the signing of a deed and mortgage have come forward and signed a statement sworn under oath that the signatures on a deed and mortgage were originally signed in Royal Blue. They even went to the Marion County Clerk of the Court and had another notary witness the fact that they viewed the recorded deed and mortgage that was submitted by US Bank and then witnessed that the documents were not sign in Royal Blue. But in fact were signed in Black. It is clear by any reasonable person or most important by Law Enforcement and our Judges, that after US Bank claimed a lost note status for a couple of years, they had no choice but to forge the deed and note in order to have standing in court.
The Shelton family is being illegally foreclosed on by US Bank who has already paid out multi million dollar fines, but no one has gone to jail. Who is actually committing these crimes? Was it DocX or LPS or is it their attorneys? This needs to be discovered and prosecuted by the Feds because it is a very serious issue that is costing the American public billions of dollars in loses. It apparently doesn’t matter to US bank that the homeowner is right or wrong because no normal family can stand up to the money that is used to win by attrition against a homeowner. Who will protect the public and stop the destruction of hundred of thousands of families lives all across this nation?
This is also very wrong because Us Bank and their attorneys may be undermining the integrity of our entire Justice system and the American way of life as it is known today. Will it end up that it is ok to forge our most treasured document without any prosecution by our government? This is becoming a crime wave that is unparalleled in history and America must stop it. Have Multiple interstate crimes been committed multiple times By US Bank and their attorneys ? Should these issues be considered within the Rico Crimes Laws. US Bank has not stopped their behavior, are the fines way to low and they just don’t care because the numbers prove that they can still make huge profits by continuing on the same path? Where is Law Enforcement? Where is Eric Holder? Where is OBAMA???
The Shelton Family didn’t discover the facts about the forgeries until they had already lost in every court even the appeals court. Now that they found out and have proof of forgery shouldn’t all the other ruling be null and void? The Shelton’s are filing a Civil Criminal Lawsuit against the attorneys Andrew Braaksma and Paul McKenna and another Civil Rico law suite against US Bank and SN servicing.
The Shelton’s have filed a bar complaint with the Florida bar against Andrew Braaksma out of Miami and his partner Paul Mckenna for Uttering Forgery and other reasons to be announced. They have also filed a complaint with the FBI and with the Florida Attorney General. They will soon ask the Office of State wide prosecution to take the case. There will also be some press conferences set up to expose the Miami Attorneys and US Bank. Shouldn’t this case be moved up to the Federal courts and demand relief and for the prosecution of the Miami Attorneys and US Bank? To join us please call 352 274 8467 Ray Shelton
If your looking to try to make a difference in the coming elections press into Sid Kroft of 60 minute Overtime to see what they know about the PAC slush Funds and who is giving what to who.
.
Mark
one thing i have noticed in all my years of fighting corrupt judge Alice Schlesinger, even though Astoria Federal S & L admitted the bank never owned my two properties when they auctioned them off and they stated it indemnify indemnify indemnify they did nothing to help fight for justice
for me. They sure weren’t like the Hero Cat that flew into help.
But I do see a lot of plants being sent on these web pages to interfere with our fight like Christine.
The link to foreclosure listing site? Just a way to monetize the site. Nothing wrong with that since they raise awareness. I’d also ask does anyone look at their depositions section. And you also have regular foreclosures, investor foreclosures, commercial foreclosures that can be an option for those even in foreclosure moving on.
Whoever it is that mentioned that going back to a judges alma marta to show what discraceful ruling he or she are making against our Constitution makes a good point as well as going to William Foley’s alma marta of West Point to show he is ecstatic in having destroyed the title industry and the country land records for the people of this nation.
It is not the questions you are asking that counts. Its the integrity to the people you are asking them to that counts and the results.
In my case ML v Astoria Federal , in the US Supreme Court case Elliot v. piersol it was ruled if a court has no jurisdiction when they sign a judgment they have no authority and it is null and void ab initio (from the beginning) a nullity forever passage of time cannot change an invalid judgment into a valid judgment. BUT when asked Judge Alice Schlesinger ruled against the US Constitutional case Elliot v pierson and made up her cockamamie answer so it is not the question…
FnA…… hold the JUDGES accountable….Lord knows 2/3 of them need to go to pasture….they are so corrupt that it would be a gift to the world to expose the filth. No Judge 50yrs old or + wants to be labeled a fraud……w Senate Banking Committee s being looped in…..I say Xpose….Xpose….Xpose….call the Deans of Law Schools…….ask if they hold their alumni accountable when ‘oooopsies’ are made……shame works too….in my case….Federal 4th Dist. . Judge Bieter (our abusive Mayor’s brother…..I know…play theme for Deliverance….low volume)…DID NOT EVEN SHOW to his own courtroom…..he fn dialed in and awarded it to the Bank Robbers….who were also the Bank Lawyers….they use pawns… I had $65,000 in hand….suit n tie on….and FretLife wins……fk fraud…..SO…………..I now report to the World….Laura Burri of Ringert Law in Boise Idaho is being reported for allegations of illegal activity….abuse of power…perjury….THE WORKS……by the time I am done reporting/suing that vipor….she will wish she had chosen a different career path…… JDs are such proud people…..that is until they are not….or shall I dare say….until they are caught!!!
In home ownership…as in war…my enemy’s enemy is my friend….FretLife n Co…my enemies…have MADE many enemies. …I have many ‘friends’…SO making a YouTube short film….will begin to tell the real commercial/story of how cartoons (snoopy) is used to pollute the system…..like the Letter ‘A’…used to sell antidepressants. …you know…the Ambilify poison…and the Doctor w a thick tie 4 ft long…..and the sad lady smiling at sesame street characters….they thought us all fools……until the bear trap slammed shut on their willies….”zilla said he’s taking this all the way to Hong Kong…..will he? Bet your lucky☆s he will …..nobody puts baby ‘zilla in the corner….nobody.
We are stronger together and I don’t mind helping where n when I can….my shattered American dreams can still be used as ra material….for a collage….a warning to future citizens. …there is value in recreating the accident. ..the fraud…the dirty judges…..the Judicial System needs a Caddyshack Cleanse……dump the chumps…dump the chimps….throw bananas at them…watch them slip and fall…..on their own lies……
In the future…..lawyers who lie to ghost judges and ghostly defendants will be ostracized by their peers….will not advance….will be disbarred….will pay restitution. ..will, well, they will wish they had paid attention to the ethics portion of their ‘education’….better UCLA School of Law provide the warnings BEFORE they graduate….in the real world….ethics lessons are much more expensive……watch me charge for tuition….for schooling the bums….FIGHT ON! 777
If we get together we can have an impact on local elections in southern CA where a number of county supervisors, county recorders and judges are running.
I constantly read everyone here is looking for FAIRNESS, and for someone ELSE to do something to help you. BOTH WON’T HAPPEN. YOU have to use THEIR system to FORCE
you getting something acceptable to YOU.
It IS a rigged system…so what are YOU going to do about it.
Here’s what works:
FILE PLEADINGS, MOTIONS, and DO AGGRESSIVE DISCOVERY
FILE EVERYTHING YOU UNCOVER WITH EVERYONE YOU CAN..starting with legislators
ASK THE COURT…ANY COURT..to order the lender and servicer to provide you with what you are entitled to under regulation, law and existing court orders (they will have NO idea of what you are talking about and HAVE to provide you DUE PROCESS AND FULL RIGHT TO REDRESS
GET THE OTHER SIDE TO STIPULATE TO TAKE EVERYTHING OFF CALENDER WHILE THEY COME UP WITH ALL YOUR CHOICES OTHER THAN THEIR HOLDING A FORECLOSURE SALE..once they know you will NEVER allow them to have good title, they SHOULD be willing to agree to a workable alternative. THEY WON’T STIP ? THEN ASK THE JUDGE TO ORDER ALERTERNATIVE DISPUTE RESOLUTION IN LIEU OF TRIAL. HAVE A COURT REPORTER AND MAK SURE YOU MANIPULATE THE JUDGE INTO REVERSIBLE ERRORS. Meanwhile, increase the complaints and demand for damages against everyone else. Draw them all in. NO ATTORNEY WILL DO THIS FOR YOU…you have to…just as no attorney will want to handle this of complex of situation, the other side won’t either…keep making it go deeper…the court will wish to bail out because they do NOT want you setting precedent…the cases we’re winning have GAG orders as part of settlements FYI.
Last few weeks have resulted in several out and out DISMISSALS here in Broward !!
What are each of YOU going to file next. I’ve gone to FEDERAL court for Declaratory Relief.
Meanwhile my pending case is deemed inactive in the Broward courts… one of very few cases from 2008 that have not been disposed of.
Send duplicates of everything to Joseph Smith, Jr ( Mtg Settlement Director ), The CFPB, House and Senate Banking Committees, the FBI, Justice Department, your Congressperson and two U.S. Senators, State AG, Fox News, MSNBC, Reuters, API, WSJ, CSM and your local TV stations and newspapers. You should have PERSONAL CONTACTS with someone at EACH.
AND — USE SUBPOENAS liberally, and make friends with a local Court Reporter who can hold Skype depositions. I guarantee you…they will NOT want to continue dealing with you and the gigantic MESS everyone else is required BY LAW to, and will have to, figure out (as to what all everyone has done WRONG…and its a LOT)….if they refuse sue them as well. FILE FILE FILE
ASK ASK ASK.
Now what are each of you going to
!) file next with the court
2) request in writing the ORIGINAL LENDER, current bank, servicer, investor, MERS, and all their legal counsel do
next
…list it here for everyone AND lets get REPORTS – post whats happening currently on each of our matters and what is scheduled and when !!!!…here’s the problem I constantly see…defendant borrowers are not NEARLY as informed or aggressive enough..
FYI, a judges comments should get that case dismissed and the judge referred to your states judicial qualifications board for disciplinary action.
No youre NOT trying to get your home for FREE ..THEY are, Your Honor, I just want what protections and remedies I’m entitled to as “a matter of law”, don’t you agree I’m entitled to that, and that your Courtroom should not be used as a place where Corporate Crimes are committed ? What stocks do you directly or indirectly own and where do YOU bank, Your Honor ?
Oh, and I have a Disciplinary action against Judge Cynthia Imperato in Broward’s 17th Judicial District Court for improper behavior…she was already in hot water – see what happens
Tom, can you suggest a sample list of Interrogatories and Production Requests? I’m pro se and the judge is allowing me a “peak behind the curtain” via Discovery. Thanks.
I agree that it’s very likely settlements are occurring left and right with no discussion clauses once they are signed. Yes, we should focus on using THEIR system to get relief but for new people learning THEIR system it takes time and takes hundreds of phone calls, letters and hrs of work. Very few are going to get relief with a few calls, a few QWR’s, an attorney working 10 hours for you. That is the sad reality we need to express first. If you’re not willing to put up a good fight for YEARS you might as well give em your house now.
hammertime
May 18, 2014 at 4:39 PM
You and Tom are making good points it’s a matter of working together and on all fronts. Individually it’s nearly impossible but it’s been done. Those that have been burned aren’t going to have much faith in filing actions while those of us that have been at it for years can help others starting out. Along with filing actions we have to make our democracy work for us as Tom is suggesting although filing a court action may not be the right starting point for some. After these past few years you can get more information from servicers etc and there is probably a year or less that we can have input. For a person raising children, caring for others struggling to survive it can be overwhelming. If we coordinated enough to get the homeowner message out and got our evidence out in the court of public opinion could make a big difference and shine the light on what’s going on.
I want to do this. I will go this week to court to file my motion. Tom I will follow your guide. I know i have tried filing complaints but they just keep transfering stuff around. I want to know if their is a template i could use.
Update on potential contingeny lawyer/short sale fraud, scam – LIVE
The rep sent me retainer but nothing on the short sale program. I told him I will try to stop the sale other ways (besides short sale since I don’t acknowledge JPMC’s authority etc) and for them to review my material for HBOR, quiet title or other action.
Basically the response was if I don’t act NOW I could be accused of being a squatter! As to questioning JPMC’s authority I need to know what I’m talking about! (although I sent a few archives that appear to show I know what I’m talking about)
I gave them til Tuesday to review my material. Is there an Attorney General in the house?
To clarify and see if anybody has any experience with this. I’m standing firm on not acknowledging JPMorgan as the investor/servicer and view any modification application or short sale application as doing so. CA cases clarified that negotiation in general is considered to be an “application” in terms of settlements, I recall. Chase had claimed that without a modification application they didn’t have to respond etc. I also recall that the settlements require that servicers provide a way to exit the property, such as deed in lieu. Not clear if you are acknowledging their authority in this case or if settlements allow you to exit without giving up your rights or claims under settlements.
Big problem with settlements is that authority or clean title is addressed as any other item when it should be the first requirement where all others follow IMO.
can you post the most senior name and # for your contact at the bank…I mean mob.
I will call on your behalf….put it this way….metlife went down bc of me…my bark has bite…im more agressive than larry wasden…idaho’s worthless AG….. 7 yrs of abuse and its still fn going on….jesus….our AGs ALL suck……leave a number…..email me your account ref #….trevor.hitchin@gmail.com.
Use the Force hammer……can u feel it?
(me too)
hammertime
May 17, 2014 at 8:41 PM
Yup…the hammer of God, truth is winding up whether we see it or not. I’ll be in touch. If they don’t respond this week in good faith, city, bank, lawyer I’m getting it all out there, no back door settlement. I’ve gone through every path by necessity or fate so there’s alot to get out there. If we coordinate and do it smart it will be good for all of us and our country. Nothing close to McCauley imprisonment and those that have passed on while waiting for justice but all the lies are there no matter what the bought off courts or laws say.
THE $6 MILLION WOMAN: INTERVIEW WITH MARY MCCULLEY https://4closurefraud.org/2014/05/15/the-6-million-woman-interview-with-mary-mcculley-freemarymcculley/
just read a very crisp analysis of life in the foreclosure fast lane…complete w crashes…false arrests…fraud here…fraud there….I get it…I guess have ‘000s of pages…hours into this….and ÷ by $6,000….my portion of Independent Foreclosure settlement. ….. I got ‘paid’ like .27/ hr ….. and lost $4 – 500,000 In equity…my credit score…my ‘standing’ in the community….plus plus plus…..
But here is the point(s).
1. It is not over….the fight…so I will not say I have ‘lost’….they stole…I’m stealing it back….tit for TaT
2. I helped in 6 yrs of hell raising…I helped MetLife Home loans end the abuse….pay zillions in fines…..and hopefully helped SOME victims some of what they l Iost…sure most of the ‘soft settlement’ went to ‘consultants’….Rust….and lawyers….but it set 4.2 million victims up for success in the courts….we never ‘gave up our right’ to claim in the Courts….so….having already admitted to $50 million in payments to victims should help a judge or jury see the fraud….think of the 13 Bank Settlement as a black light….it shows the mess….
3. My point last week about filing a Police report is a way to capture the loss…albeit only on paper….for this month….and then send THAT report w a Demand Letter….folks….the tide is changing in our favor…..Trust on that…when untouchables start getting touched….well…that Demand letter and Police Report just may change their tone…..it is the path out of hell I must walk….come along….if you so choose… peace all….watch the Eagles doco….there are moments to stand as a white buffalo….to hold your ground…this is one of those times. Make the po-po take the report…..then get a copy….9/no Step Program. 777
Been looking into that here in LA. With added twist of city government. Going to wait on response and will hit on crime, possible corruption reports. At county level can do judicial complaints that Tom mentioned as well.
THIS IS A TEST – Deal or scam? In So Cal lawyer offering contingency representation. 33% if settled before 90 days, 40 % if w/in 90 days. Only pay for filing costs. Sales pitch is need to apply for short sale program to stop sale. Separate item in retainer agreement for expenses but supposedly nothing out of pocket besides filing. (Want to see if we see same issues with this but want to see initial reactions)
The normal contingency is 33%….so the fact that he changes it due to when he can accomplish whatever is a red flag to me…if you are as good as you proclaim to be, or as smart as I need you to be, you would realize that it is better to offer a deal…say 27% if it takes longer….because truly if you are good, it should be easy for you to get the job done…therefore truly earning the extra percentage.
…and here truly is the truth of the matter. There are very few cases, and absolutely no mortgage fraud cases that would ever take 90 days or less…so to me this is a pad the pocket move for some not so great representation.
Only my opinion…
hammertime
May 17, 2014 at 4:28 PM
The other thing your post raised was how we are hearing that there are case settlements we don’t hear about. I have to think that with the extreme cases we have on here they wouldn’t want the bad pub. But that would be in normal world since the lawyer management won’t even look at as they’re going by script on a formula for their business model. I met with a group and they brought in a lawyer and they were impressed with all my info but in the end they brought in this officer manager type who basically muzzled the lawyer! So we’re also fighting the business model that they want volume or a short sale payoff. Hopefully I’ll email you today.
100% scamster lawyer seeking desperate people. People who have been fighting 6 and 7 years know NOTHING is accomplished in 90 days no matter who has who over a barrel. The stronger someones feels their position is the longer the discovery takes to prepare a reply and resolve the issues. We can start spouting QWR’s must be replied to in 30 days by law and filings must be answered in X amt; believe me when I tell ya its all BS.
Thank you for the feedback. Good points on their pctg. I was under the impression standard was 40% but the bigger point as you say Sherry is that they aren’t working by fair market principles they manipulate to keep us hostage.
Definitely a scam by Mark’s response. Thought we were being protected by the AG, task force etc? (sarcasm) Kind of contradictory logic when we look at pctg and length of time. It seems their approach is to take longer from my interaction with rep which would work against their pctg or like you say they are charging for desperation; i.e. if a sale is coming up you have to pay more.
I saw usedkarguy picked upon short sale tie in. Their pitch is legal actions are “free” but to stop sale and not have debt on taxes etc the only option is to apply for a short sale program.
Mark, are you saying even now results from QWR aren’t being used in courts or take too long? This is why my thinking is we need to make our cases public IF we’ve done a good job on getting info and force our own settlements until the lawyers and courts open their eyes or the corruption is dealt with.
I’m going to see if they will separate the two (legal action/short sale) and do a “simple” homeowner bill of rights or quiet title complaint which in itself would stop sale.
If not I would definitely put the scam stamp on them.
Mark
May 17, 2014 at 3:47 PM
This forum has definitely grown in the last year in terms of the information and education it has provided to people who are in the start, middle or end of their dispute. I first of all would however EXTREMELY stress to everyone, DOCUMENT DOCUMENT DOCUMENT. I know it’s a pain to record/write down or note all your conversations or work but it’s very important in today’s battle. I’ve tried QWR’s with very little success. CitiMortgage provided one reply stating a QWR does not need to be answered if the servicing has changed more then 1 yr ago. I was being sued in court at the time by Citi if you look to the court documents but one of the 7 dwarfs who it was sold to with forged documents always appeared in court and judges just don’t care or apply the law even if and when it is brought up and proven with documentation.
It would be great if a court ruling could be posted and used going forward as precedent for identical cases but it’s just such a crapshoot now. For me to post saying the law is xyz and this and that is against the law and you should win based on that is not what it is realistic. Judges are not ruling on law. That is one of the sad parts about all this cases.
hammertime
May 17, 2014 at 4:15 PM
There seemed to be a change in responses to QWR first when the CFPB was put in and then when leadership was changed. Servicers are still playing games although I’ve had more response. Then there’s the difference betw those servicers in settlement etc. But what David has been hitting on in a way is that they are supposed to follow up if the law is broken. As far as I can tell in my case they aren’t. But I did get info I had been demanding for over 6 years, blatant lies and signs that their process hasn’t been “fixed”, so worth going through the process.
With the new law on QWR Chase tried to use them to not answer but the actual code contradicted them, as does the code for HBOR that CA lawyers seem to be ignoring.
Been pushing this a little on here as way to share files and possibly build on if you want to send email. Need to get back to Sherry as well but in catch up mode with city etc. http://bit.ly/Si8EL5
@ David
How sad and similar that elderly couples loss of property is too many of us.
As for Bobbi Swann’s reference to me knowing ivent or Stripes I do not know her other from this blog. And what i could see she was on the right side of history in her fight and felt badly that Bob G and Christine worked on a campaign to get rid of her.
David,
its people like you that have our country great and free all these years since our Constitution was written. Apparently more people, everyday citizens have to continually join this fight.
My opinion is that Willam P Foley kingpin of Fidelity Title and its subsidiaries is the organizer and facilitator of all the connecting . parts of this massive fraud He is a graduate of West Point and yet when you connect all the dots between the court, the banks ,LPS Docx his fingerprint is on everything. He has done a good job destroying this nation from inside for greed
.No wonder he is now in the wine business, he can’t live with himself and stolen millions
AG Sneiderman would spend some worthwhile time investigating Foley if he wants an end to this crime wave. .
well here it is about why the judges are so biased against us in court.
regards David
source is authentic.
Log in /
Create Account
Dem Versus Dem in East Bay Con… The Water Tunnel Boondoggle
May 13, 2014 News
Are Foreclosure Cases Rigged?
The financial ties that many judges have to banks raise questions about conflicts of interest and a bias against homeowners victimized by mortgage fraud.
By Darwin BondGraham
mg_news_3632.jpg
Tools
Twitter
Facebook
Save to Instapaper
Email
Print
Add to favorites
Add to Custom List
Comments (9)
click to enlarge Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
In early 2006, as California’s real estate bubble was beginning to burst, an elderly Los Angeles couple, Fannie Marie and Milton Gaines, fell behind on their mortgage payments and received a notice of default from their lender, Countrywide Home Loans. Hoping to avoid foreclosure, the couple agreed to a plan suggested by Countrywide: They would obtain a loan modification provided by a third party, a businessman named Joshua Tornberg. What the Gaineses didn’t know, however, was that Tornberg was the fiancée of the Countrywide employee who made the recommendation. And instead of saving the Gaineses’ house, Tornberg scammed the elderly couple, recorded an altered deed, and extracted $240,000 from the property before walking away, according to court documents.
Then things really went to hell. In August 2006, Milton Gaines died, leaving his wife to battle two banks, a title company, a mortgage servicer, and Tornberg. Fannie Marie Gaines filed suit against Countrywide, Tornberg, and others involved in the fraud. Then, in 2009, she passed away, too, but their son pressed forward with the lawsuit.
The case, however, was tied up in Los Angeles County Superior Court for six years as Countrywide and the other defendants filed counter-motions and stalled. Countrywide eventually reached a settlement with the Gaines family, but the company’s actions, and the alleged fraud its employee initiated, remained central to the case against the other defendants. Further, mediation with those defendants — Fidelity National Title Company, Lehman Brothers bank, Aurora Loan Servicing, and Tornberg — ultimately failed. In August 2012, a superior court judge dismissed the case on a legal technicality: It had taken more than five years to come to trial. The Gaineses’ lawyers appealed, but two Second Appellate District Court judges denied the appeal, tallying yet another victory for the banking industry.
One of the appellate court judges on the three-judge panel that heard the case penned a dissenting opinion. “This case was one of hundreds, perhaps thousands of lawsuits that grew out of the financial meltdown,” explained Justice Laurence Rubin. Writing that he would have reversed the superior court’s ruling entirely, Rubin concluded, “[I]n my view the dismissal of this lawsuit under the circumstances described defeats the substantial ends of justice. Instead, it rewards parties who, it would appear, have played a major and unlawful role in the theft of someone’s home.”
The Gaines case was one of thousands of similar losses by California homeowners in state courts during the past several years. The legal setbacks have demoralized homeowners and their attorneys and caused them to question the integrity of California’s justice system. Some attorneys who have sparred with the giants of the real estate industry say California’s courts exhibit an institutional bias in favor of the banks: The banks are said to be too big to fail and too big to jail.
“My experience was that there was a general institutional bias towards business,” added Donald Adams, Jr., a former attorney who represented homeowners against banks and mortgage servicers during the past six years. “There was a cynicism that an individual borrower challenging a lender’s loan practices was driven by economic motivations only.”
Adams believes that the deference most judges have shown to the banks has done enormous damage to the economy. “Had courts enforced the law against the lenders the Great Recession did not have to occur,” he said. “Many of us were after the New Centurys, the Ameriquests, and Countrywides well before the collapse. Even after the economy imploded, most judges did their best to protect the business interests of the predatory lenders by cynically not wanting to let the consumers off the hook for taking out loans they had trouble paying back.
Homeowners, of course, weren’t the only parties in court looking out for their economic interests. The banks have resisted lawsuits brought under state consumer protection laws in order to maximize their profits from the foreclosure crisis.
But there’s also the issue of the potential economic motives of the judges themselves. For example, the two appellate court judges who dismissed the Gaines case had significant personal financial investments in banks and mortgage lending companies, public records show.
Judge Elizabeth Grimes, who voted against the Gaineses, owned between $100,000 and $1 million worth of stock in Bank of America, according to official records maintained by the state Fair Political Practices Commission. Bank of America purchased Countrywide in 2008. According to the state Code of Judicial Ethics, judges are required to disqualify themselves from any case in which they own stock or bonds with a fair market value exceeding $1,500.
“By the time the case came up for appeal, Countrywide was no longer a party to the action,” Joseph Lane, clerk of the Court of Appeal for the Second Appellate District, wrote in an email, explaining why it wasn’t considered a conflict of interest for Grimes to be involved in the appellate ruling.
But records show that Bank of America wasn’t Grimes’ only large investment in the banking sector. She also owns between $100,000 and $1 million of stock in Wells Fargo and US Bank, and between $10,000 and $100,000 in Citibank, giving her potentially a multimillion-dollar interest in the profitability of the mortgage lending industry.
In addition, Judge Patricia Bigelow, who wrote the majority opinion against the Gaineses, owned possibly as much as $10,000 worth of stock in Bear Stearns, an investment bank that was responsible for securitizing trillions in mortgage loans in the 2000s. Bear Stearns was bought by JPMorgan Chase in 2008. Even the dissenting judge, Rubin, had a stake in the mortgage industry, owning thousands of dollars worth of Wells Fargo stock. And the Los Angeles County Superior Court judge who originally dismissed the case, Rolf Treu, owned as much as $10,000 worth of stock in Citibank.
Patricia Rodriguez, an attorney who has brought homeowner lawsuits in multiple counties, said judge ownership of financial company stocks is just more evidence of the broader justice system bias in favor of banks and against homeowners. “In general, the judges are unfair to borrowers,” she said. “I’ve seen cases where the judge made a prejudiced statement before trial, saying of a plaintiff, she’s ‘trying to get a free house.'”
Potential conflicts of interest have been common over the past six years as the courts have been flooded with cases of homeowners suing their mortgage lenders and servicers. Forty-two of California’s 105 appellate court judges (or 40 percent of the bench) own significant amounts of stock in at least one financial company. Seventeen justices disclosed owning stock or bonds in Bank of America in 2012, the most of any bank, followed by Citibank with ten judges
bear stearns emc mortgage was given to chase for free and chase got 90 billion in tarp money to have it merged with chase. jaime dmon demanded that and the federal reserve owned by chase gave 40 billion to chase and merged it in with and chase never purchased anything
if the did it was the mortgage servicing rights and emc put up a trillion dollars worth of second trust predatory loans from the 80 20 five year arms sold by bear stearns as collateral.
these were in a trust called maiden lane I and II which were eventually sold off to bidders and mine is now with rushmore after chase and nationstar laundered my loan after i sued chase under the fair housing act title VIII 40 usc 24 cfr before us secretary shawn donovan of the us h.u.d. agency region ten fair equal housing opportunity office region ten in seattle, wa. my case was dismissed for lack of evedence bu t the principal investigator john chung a wa state license attorneyfor us hud region then told me that he was ordered t o put the evidence in his desk and not consider it and that is whathe did. he eventually refused t osign the investigative report which ignored all the evidence submitted for predatory lending and mortgage discrimination by emc bear stearns chase and chase mortgage .
if I could have found an attorney or had help fighting from the fair housing council of oreogn in portland oregon or the nation fair housing alliance in washington d.c. I would have won my case but the organizaton in portland above allegedly aided in the coverup of chase’s trillons and trillons of predatory loans by emc chase bear stearns which continues to this day.
I have been in loss mitigation for six years and never been behind or late and chase has allegedly confiscated over $ 100,000 of m y mortgage payments escrow funds and tried to manufacture a default on my three times.
I want chase’s butt in prison it is that simple
here are the four guys i want to see jailed
frank bisgnano jaime dimons right hand man
charles schwarf next in command
kevin watters ceo of chase mortgage lending
mike zsarro s.v.p defaut management grou p jpmc bank columbus, ohio
my local district v.p rob mally
and his assistants TRISTA of salmon creek waschase bank branch inside fred meyers in salmon creek vancouver was store.
David
do you know the illegal connection between the NY County Land Registers office and Fidelity Title that a NY city attorney covers up for a fraud when it clearly documented in my case of ML v. Astoria Federal S & L with the Federal Seal that Federal Court had complete jurisdiction on June 30 1997 when NYSC judge Carol Arbor signed two foreclosure judgments WITHOUT jurisdiction.
don’t know anything about that Marilyn I live in Washington state I just have been communicating with AG Eric Schneiderman who has been very supportive of me and his staff since I am a disabled vet fighting t o hold on to my house despite never being late of behind in my mortgage payments. we have to accept that there is new paradigm out there that is driving all of this in the courts and the banks and their rabid bonus driven attorneys .
in some states like florida foreclosure fees paid by the banks pay the judges salary.
go figure why the judge is biased towards the banks
banks are for rich people and we just have to fact the reality now in America the rick and big corps and big banks are running everything and the us constitution courts equal protection and states laws and legislatures and u.s. congress are just their lackeys all hooked on bribe money.
To David f: Its stated in the OCC merger docs with CHF. You will need to go through the OCC website. I was fighting CHF for five years until last month when they changed servicer and after requesting a QWR from the new servicer, they stated a and identified new creditor, FreddieMac. After that, I asked for an assignment if there was a new creditor. They sent me a newly fabricated unrecorded Assignment of Mortgage naming another (sub)servicer as the mortgagee.
Here’s something you and Hammertime may be able to use :
Chase owns the mortgage servicing rights via the pooling
Servicing agreement not any of the loans themselves
The investors own the pass through certificates
That get paid by chase when chase feels like it a money
Payment based on the tranche formula in the psa for any
Individual loan or loans pool of mortgage payments money
Paid by homweowners
Regards
David
Bobbi Swann
May 15, 2014 at 12:35 PM
@ David – you are absolutely right in your statement that Chase only owned the servicing rights via is PSA. The notes and mortgages under the Trust for that NBS was owned by the INVESTORS as a whole via the Certificates issued. Chase could not sell those mortgages as it did not own them. You are also correct that foreclosure fees in the state of Florida pay for the judges and the reason why there is so much bias and corruption.
hello Bobbi
if and when we can change the fundamental economics ie money made by banks o n these predatory loans tied to derivative hedge bets where chase makes up to 43x the face value of the mortgage on an underlying predatory loan with interest rates that will go to 12 percent in 9 years according to chase oh4 personnel in gahanna ohio
the fair housing act title VIII is already on the books and it bans predatory lending and offical hud policy on their website says they are banned as well.
so the law is already on the books to stop this corruption by chase and other big banks.
they have chosen to buy allegedly the entire nationwide political structure and pack the federal and state agencies with their own bank oriented personnel. and worse even pack the fed courts with bank oriented judges which is now happening in the tacoma ,wa federal court .where homeowners had multiple rulings against banks.
the point is that the banks own the federal judge nominations and appointments to the district court bench and the appeals court bench and supreme court bench and that goes for the state level as well.
it is all about money and that money and wealth is our money and wealth. these guys want it all and will do anything to get it.
best regards
david f.
thanks Bobbi for your comments
hammertime
May 15, 2014 at 3:51 PM
This is where we are fighting accounting,”legal” points in their court so to speak. Securitization, MERS is there and can be argued til we’re blue in the face but it won’t change anything unless you show the fraud in your particular case. To the extent that some of us have shown the fraud and are still denied due process and fair resolution makes this a civil rights issue IMO. i.e. we’ve been prejudged as deadbeats, cannot benefit and the law is in black and white as Garfield said and we’re being denied the application of the law. Separate justice system for us while investors, whistleblowers, govt get their day in court and hit the jackpot. That’s why we have to get it together and quit going round in circles.
Thanks Eugene, Will be good to cross check when CHF stopped being servicer. Basically no excuse for errors or not reviewing chain of title. Some of their definitions also will be useful.
I used to read all federal anf state suits against chase home
Finance emc mortgage and that provided depositions of
Senior chase officials like mike zsarro
I was looking up their skirt and got a partial
Foreclosure chase manual from depo of mike zsarro
Of chase foreclosure default mgt group
Their attorneys are Morgan lewis and NEBIUS OF HOUSTON
TEXAS
REGARDS
AND THX FOR SUPPORT FROM EVERYONE
MY GOAL IS TO SEE THAT CHASE MORTGAGE ACTIVITIES ARE
When CHF merged with JPMorgan Chase Bank, N.A., there was an assignment(unrecorded). It was not by “Operation Of Law” as in the Bear Stern merger??????????????????
Can these issues be resurrected since these “mergers” etc were rubber stamped as the crisis was being addressed supposedly? From the CHF letter the merger was not to do harm to consumers among other requirements.
Chase already has a similar version. It’s the 1100 + pages of the FannieMae and FreddieMac Guidelines. It tell the servicer(bank) how to deceive the court(as if they didn’t know), the county recorders office(as if they didn’t know), law enforcement(at the foreclosure sale bid, as if they didn’t know) and title company(as if they didn’t know).RICO for everybody.
Everyone should read Garfield’s post today. He hits exactly on what we’re discussing and what I’m seeing personally and with other homeowners in my area. Examples:
“This is not rocket science despite the layers upon layers of paper that Wall Street throws at the issue. The simple facts and law governing loans, and secured loans in particular, need only be applied as they were written and interpreted for centuries.
If I loan you money, you must pay it back. If I don’t loan you money then I have no reason to demand you pay it “back” because I never loaned you money in the first instance. If I purchase a real loan for real money, then you owe the money to me. If I don’t purchase the loan, then I have no right to your money.”
“It is one thing to have an executed note or some other testimony of proffered evidence of a loan, and another to show the Court the actual canceled check in which you advanced the money. One document talks about the transaction while the other IS the transaction. It is the difference between talking the talk and walking the walk. Talking about Paris doesn’t get you there.”
“I commend to your reading, the short Hooker Case (Link below) and the Amicus Brief (link below) submitted by laymen for your review and study. While not exactly what we would like to see both provide compelling evidence of a movement on the bench toward reality and away from the smoke and mirrors of the largest economic crime in human history.”
@ Hammertime – I read the full article above and unfortunately I don’t agree with his conclusions totally. He seems to forget that securitization of notes and mortgages, since the early 90’s, changed the face of ownership. If I loan you money and then I sell that note I am paid in full and now you owe the money to that buyer. However, when you apply the various laws governing such transfers if I don’t abide by and do the proper paperwork that note becomes null and void as ownership cannot be validated. He (Garfield) does not seem to apply the rules of procedure when it comes to the transfer of ownership. THAT is where the scheme started and has become a monster ever since. These too-big-to-fail banks knew just what they were doing, creating MERS to sidetrack the law.
Mark
May 15, 2014 at 1:35 PM
You need to acknowledge as well that I seriously doubt the government knows how many Trusts a persons mortgage is being listed in by the banks. Unlike car titles and driving off with the vehicles once I’m sure the banks have your mortgage listed in a backed security multiple times and probably sit around a table passing the bag around as needed. After all no one is looking inside or tracking anything. It would be interesting to know how many banks have been given relief on a certain property in the forms of TARP money or other programs and passed nothing onto the homeowner except a foreclosure. Mortgage I’m working on has been sold 8 times in 4 years.
@ Mark – I not only acknowledge that statement about loans being sold multiple times….it has already been proven in court several times. The banks were sooo lax (or extremely smart to think no one would be the wiser) that loans were sold and bundled to Fannie Mae and then again to Freddie Mac and God knows how many other GSE’s. That’s part of the whole Ponzi Scheme that was brought out years ago and one particular poster on this site who was ‘boo-hoo-d” for her posts around that subject. Marilyn Lane knows her and I think she’s back here on the site, but not certain. Anyway, she is the one point that pushed me to research everything and believe nothing! TARP had no backbone, no responsibility and no real accountability on their part or on the government. The acronym should have been TARR as in tar and feather….because that’s what it did to the consumer!
I didn’t agree w/ his conclusion completely either. I made a post that giving the opportunity to the banks to return to normalcy has gone by. They had their chance and they corrupted the settlements etc.Even so he’s calling people out on not seeing the basics of the law as we’ve talked about which is a change since about a year ago when he was stuck on legalism and basically that homeowners couldn’t benefit. Don’t quote me but it was that same mentality that has the public pointing fingers at us (distressed homeowners, middle class, American workers) and even us against each other,
It’s not that MERS is legal or illegal but the data is wrong! The banks change it and even our credit reports to keep the shell game going while scaring the public, judges and elected officials into believing the world will end if they are called on it.
It’s not just securitization, it’s predatory lending not just they made bad loans to bad people, out and out fraud in the form of lies. It’s not just that they sold a loan over and over again.
In my case there is no trust yet they are referring to WaMu 3, 10 years after the fact. And I have the at least one documented lie on the file sharing that no one seems to want to engage in,
hello
I read part of wells fargo fraudclosure manual
does anyone know what an e note loan is that wells fargo speaks of in that manual
best regards
David f.
uscfpb just derailed my complaints again.then they ship them to the federal trade commission for burial.seems that chase has their friends in the call center in uscfpb call center and processing complaints center in iowa. this has happened to me under the guise of duplicate complaint.one time I got them to resubmit to chase and the next day that was reversed and the federal trade commission got the complaints instead.
seems that uscfpb and the big banks are getting the feds to cover up all the complaints and the state ag’s are not submitting our complaints to the uscfpb or eric holder either and then they never get reported to congress or ellen warren either.
we may have allegedly a huge coverup going on .of all this wrongdoing and corruption at the highest levels of fed govt and the big banks. and the press is looking the other way.
copies are worthless and have technically no legal merit. if they were authenticated as true copiesof original examined by a forensic doc specialist who visited the their vault and gave a sworn oath and notarized legally with the witness nameand phonenumber and address then maybe the copy might have some value.
has to be the original
I agree but this may be when your in lawsuit mode. Anyone correct me if I’m wrong but they can provide a certified copy as a response to QWR for example. That’s when you can review if what they claim is a certified copy matches what you have or is filed in public records etc. Then it’s a different case when you’re looking at chain of title/documents and they claim they paid off loan and filed reconveyance. In that case it is required they DELIVER the paid off Note from my understanding and Chase’s own documentation.
By engaging and asking for information you can put together your own “discovery” and not be at mercy of lawyer.
how can you reconvey or deliver what you don’t have in the first place legally that is
hammertime
May 14, 2014 at 3:55 PM
Exactly! But they don’t want us to question it because it’s been recorded and then they say recording a document doesn’t matter. That was the significance of the settlements and HBOR that they could not record without authority or reliable evidence even if it was the case all along as with reconveyance. In CA lenders insisted that recording assignments etc were voluntary and they could fix. As of now you have to go beyond whether document is legal and question if the debt and/or creditor is valid. BUt the documents are your evidence. Speaking generally, not legally speaking unless it applies.
thanks Eugene
very much
best regards to you
David f.
now to get chase’s version of this manual and submit to irs as a whistleblower
Bobbi Swann
May 14, 2014 at 5:29 PM
@ David f, – Ha! Good luck with getting a similiar book for Chase. The only reason why the WF book came about is because the whistleblower is a court designated creditor, and had access to documents through the official court-ordered website for large bankruptcies. He and his team have scoured through court documents and, to the best of their knowledge, it appears that these issues have not been introduced or investigated by the bankruptcy court.
Unless you got connections like that you would be wasting your time. It surely won’t be submitted as part of discovery by the Plaintiff’s attorneys.
I submitted this to chase executives in chase bank and jpmc,n.a.and all four of their names are identified.however chase’s condu ct is being driven by derivative hedge bets on our mortgages and the feds are telling them to do this to all of us allegedly in order to save the economy.
regards
David f.
dear sirs
this message is for mike zsarro s.v.p and kevin watters ceo and frank bisiagno and Charles Swarf
this request is for a copy of chase’s foreclosure manual which may be similar to the one attached for wells fargo. this is a legit copy sumitted to IRS under their Form 212 whistleblower program
I want all of you to sign the manual as being authentic and send it to me as a JPMC stockholder within calendar days in pdf format to my private email or by usps mail on a flash drive.
if necessary I will do to the board of directors to get this info for which I am entitled.
I also request of all of you the complete list and copies of all doc images in jpg format on the same drive submitted to outside counsel and/or internal counsel and the name of your photoshop employees or contractors.
see attached
david f.black
hammertime
May 14, 2014 at 3:33 PM
Way to go David! Hopefully you’ll get results. There is some pushback as Dimon wanted even more of slap in the wrist and full immunity. People like Sen Warren are listening so we have to keep letting them know what’s going on.
hello Hammer
can you send me that occ/chf list that you speak of. I never saw that post fro m Eugene
or could you send me the link. I want to see the foreclosure manual with chase’s name on it and all of chase’s internal procedures that mike zsarro s.v.p of chase fraudclosure unit spoke of on deposition on another case.
the manual that Eugene sent me speaks of hamp exhaustion remedies being fulfilled guess that is whychase bugged me for amonth via phone and email and usps mail and my attorney as well. they had to b e able to put that I their computer.
this manual has screen shots of the automated foreclosure process.
in my case I applied for HAMP I was told I was approved in 2010 and then that was cancelled by chase and that cost me more than $ 45,000 in higher payments as a disabled veteran on pension from the U.S. V.A.
cant figure out how they can assert that I and chase exhausted m y hamp remedies when they cancelled it to milk me for more money. my payment would have gone down $ 925 a month and I was fully qualified.
regards
david
but this is a wells fargo manual and I understand that chase uses the fannie mae and Freddie mac foreclosure manual.
thanks
hammertime
May 14, 2014 at 6:34 PM
Hello David. this should be the same link as EV posted http://www.occ.gov/static/interpretations-and-precedents/may11/ca996.pdf
Not sure if manual, or whistleblower case will result as Bobbi says but there may be something there in the statutes these letters refer to. If we work as a group and do the research who knows. That’s what Szymoniak did purportedly but then a homeowner was allegedly screwed.
ldynps
May 15, 2014 at 2:48 AM
Did Michael stop posting news on this site as it’s turned into a blog for the past month or so? Anybody know why he has stopped? Did the feds throw him in jail? Seriously??
Bobbi Swann
May 15, 2014 at 1:32 PM
@ldynps – They are still posting. I’ve seen 2 or 3 the last couple of days. Maybe they lost some of their advertisers….these sites don’t run for free and I’m sure it does not pay his personal bills if he loses advertisers so he probably has another job. Besides that, there’s been a lot of downplay on the whole foreclosure debacle by the news media. I commend Michael for his job here, but like all of us, he has to survive.
the Wells Attorney manual is your smoking gun for your RICO claims, as they literally put the racketeering plan on paper for all to see. get it in your pleadings, file motions to reconsider, file new RICO suits if you haven’t already.
can any one help me with some sample pleadings for Florida for punitive damages, compensatory, ect my spouse had a heart attack, going after the plaintiffs we prevailed, . PDF or word file are the easiest for me. What are rulings for fraud to the court for false, and fraudulent documents? what do I do with a QWR that for over 5 years has not been responded to my last communication, it was the second request.
hammertime
May 14, 2014 at 3:28 PM
I believe you have 1 to 2 yrs to file a complaint if they violate QWR/RESPA law. There’s a fine and possible damages. Something we’ve probably all failed to push and why we need to keep filing complaints.
In general and we have to see how this applies to fraud manuals etc it seems they may try to say it’s all part of the robosigning, settlements they supposedly dealt with. As of now it seems we need to show the debt is invalid or harm done. Not a lawyer of course.
I am wondering Why this issue is not being discussed on this site? This is the first evidence of the Manual from Wells Fargo giving the step by step instructions to the lawyers on how to forge whatever documents are necessary to foreclose? It’s the smoking gun for homeowners under attack by Wells Fargo?? Is no one reading it or understanding it’s importance? What gives here foreclosure fighters?
Bobbi Swann
May 14, 2014 at 1:43 PM
@ldynps – I don’t think it’s that anyone here is ignoring this. That hearing is scheduled for May 15th (tomorrow) on the RICO case. This was introduced as ‘evidence’ as well as being filed as a whistleblower case with the IRS. The bankruptcy judge will have to rule on the evidence first at the hearing to let it be entered in as evidence. Unless he does, that portion of it will be useless. However, on the point that it was submitted to the IRS under the whistleblower program with their investigation it may provide the same evidence to be used in cases across the country. I would, however, confirm this all with an attorney as I am not one.
I forgot the biggy on my call with Chase below. I told the rep about the verification of paid off loan at closing. She said she saw they sent me a copy and “what else did I want”. I told her they needed to send me the original paid off Note. She responded they only send copies. I told her that Chase sent me a letter confirming by right they are required to provide the original. She said she would have to see the letter.
Wells Fargo sued chase for not having original promissory
notes
they don’t have them
regards
david
hammertime
May 13, 2014 at 4:55 PM
So far I have WaMu, BAC, New Century tied to that note so who knows. Would be good to check that out for how dates etc line up. Would be interesting to see what SEC/stockholder info has to connect all the dots.
david franklin
May 13, 2014 at 5:28 PM
Cant endorse what chase didnt have im the first place
Respa fed lae says blue ink original promissory
Note stays with lender and or servcer
Thus forgery is only option
For chase and others
Copies have no legal standing since lenders could
Easiy create false debts
Does the Note need to be dated? The Note in our case isn’t, but I understand that’s ok with UCC. Neither the original Note (copy of it) nor any of the subsequent indorsements are dated.
hammertime
May 14, 2014 at 1:59 AM
This where things get screwy. They want to say if there’s a reconveyance filed there’s nothing to worry about. But a reconveyance requires that the Note be returned marked paid and that it reflect the rightful beneficiary, lender and the amount of the transaction I believe. So even a reconveyance can reflect fraud.
hammertime
May 14, 2014 at 3:45 PM
@ k I’ve heard different things as well as to dated endorsement. I believe Sutter’s presentation makes a point but not sure if “legal” requirement. By asking for copies etc I can show that endorsements changed per their own purported certified copies so that could be a way to challenge validity of dates and authority. I’ve never seen an endorsement with a date. Anyone have an example?
just spent 20 min w Trevor of sec investigations (same name)..reported jay me and steven….little boys stealing other people’s american dreams….sec are the pit boss….i’m an honest player wanting a fair game…no more…no less. 777
good for you I hope something comes of it. the last time we all complained to the SEC their whistleblower employee told the press they took 9,000 complaints against wall street and sent them to the national archives to be burned and covered everything up.
regards
David
go Trevor
one of them was my complaint against emc bear stearns and emc chase bear stearns.
Trevor David Hitchin Kaufman
May 13, 2014 at 3:40 PM
that was then….this IS now.
is:is portal open….china in the wings….watching. . .
magic just is….watch them fall…this fall…like magi”C”.
That was funny seeing your and David’s posts. I was just on the phone with Chase Execution office.
Something like this:
CH – we’re responding…sending letter blah blah blah
ME – I was hoping to have an answer on specific issues
CH – What blah blah blah issues? Do you mean new offer considering $5,000 waiver
ME – What? There was a $500,000 forgiveness offer, no waiver, that was misleading since property could not be in disrepair although Chase was aware of City repair issues.
CH – Oh yes read something like that, what issues did you want addressed?
ME – Valid debt, lack of standing, City actions…
CH – (in a huff) Well see there’s at least 6 issues that I didn’t get from your letter, it has to be organized, point by point
ME – Chase has had months, years to address, I have sent numerous letters and attachments to Chase and the CFPB
CH – I am answering your letter will be in mail, if you want to you can fax your attachments and send a new request
ME – Will need to email since we’re talking about years of documents. At this point I will probably have to take action due to pressures on myself and the property. I would ask that you consider the time to respond to letter and postpone upcoming sale.
CH – We don’t give email. We don’t postpone sales to respond to letters. Unless you apply for a modification
ME – As I’ve said I will not apply for modification until the standing, debt issues and harm done are addressed. My understanding per the HBOR is that a modification isn’t necessarily the only consideration.
CH – That is per our lawyer’s understanding. Good day.
ME – Good day!
Also some back and forth on single point of contact requirements, compromise to work together for interest of property, reduce harm done etc.
Looks like it’s time for another CFPB complaint!
Da
May 13, 2014 at 4:39 PM
I won’t talk to them anymore
lawyer thinks they are assailed
like I do
Chase n fed reserve pay uscfpb to
not do any enforcement of us fed banking
Laws
regards
david
David f
May 13, 2014 at 4:42 PM
Thinks chase oh 4 personnel
are a holes n intentional bad people
under mike sparrow Sep n Kevin Walters ceo
I have listened to that bs exec office routine as well.
next time ask them if they are part of the default management group under mike zsarro s.v.p. of chase. or if their internal mailstop is OH 4 or if the are in Gahanna ohio or if the ywork with the following people
joe shea Vicky hall e.j. reed evita clowney’
whoever you talked to is not telling the truth.
sc 1 is another group in allegedly south Carolina
Subject: Attorney General Holder: You said no bank is “too big to jail”. Prove it starting with Wells Fargo.
Hi,
I signed a petition to Eric Holder, Attorney General which says:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
Signed! Thank you hammertime!
Hopefully everyone who is active on this board, and those who are like and watch from the sidelines will sign it too.
Quoted:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
All of this has already been done…with having six years of fighting the forged mortgage we also have many more documents (which truly sucks for the bank)..different set of lawyers…right hand doesn’t know what the left hand has done…I have developed a time line that you all might find very interesting…http://1drv.ms/1iL3O2j
SHERYL…wOw….rymes w oooww….this wilk hurt the banksters and help turn 7 yrs of chaos into a 20 min…read this and weep activity….einstein said brk it dwn all the way…but no further…you have..thank you.
A WHISTLEBLOWER CHASE EMPLOYEE FROM OH 4 I GAHNNA, OHIO 614 AREAD CODE JUST SENT ME THIS PAST SATURDAY MY FIRST FORGED DOCUMENT PHOTOSHOPPED IN THE MAIL AND SINCE I TOLD THEM TO STUFF THEIR MODIFICATION UP THEIR PLACE WHERE THE SUN DONT SHNE PER MY ATTORNEY CHASE SENT A NOTICE THAT THEY DENIED MY MOD REQUEST WHICH I NEVER MADE IN THE FIRST PLACE AND PUT A WARNING THAT I BETTER NOT IGNORE FORECLOSURE NOTICES.
SEEMS THINGS ARE GETTING PERSONAL BETWEEN CHASE AND I
SO I FILED A FORGERY COMPLAINT AS A STOCKHOLDER WITH JPMC BANK SINCE THEY NOW ILLEGALLY OWN MY PREDATORY LOAN ALONG WITH ALL THE OTHER ILLEGAL PREDATORY BEAR STEARNS LOANS AND FILED A FORGERY COMPLAINT WITH THEM VIA ONLINE WEBSITE AND ALSO WITH THE USCFPB.
MY WITNESS THAT IT IS A FORGERY IS THE OREGON ATTORNEY GENERAL OFFICE IN SALEM, OREGON PRINCIPAL INVESTIGATOR .
REGARDS
dAVID F.
THANKS TO ALL O FYOU FOR YOUR SUPPORT
AND BOBBI IF YOU WOULD LIKE TO CHASE NOTES ON CHASE PRIVATELY PLEASE LET ME KNOW I WOULD BE HAPPY TO DO THAT.
I ALREDAY SENT THE OCC MEMO YOU GAVE A LIN K FOR TO CHASE BUT iT DOESNT SAY IF THEY ACTUALLY PURCHASED THEM FROM THE INVESTORS. I KNOW WHO THEY ARE AS IN THREE AFL CIO RELATED PENSION FUNDS ONE OF WHICH is boilermakers and blacksmith’s union pension fund in Kansas city Kansas or k.c. Missouri. not sure which and they have a website
now if chase says they purchased the bear stearns loans from the investors then how come the new York AG eric schniderman is suing on behalf of the investors again for a second time chase bear stearns trusts if chase has paid them off. DAH something is amiss.
I have asked chase as jpmc stockholder for cash receipts with account numbers and ach payment stubs for all payments to the investors that did own my loan . but all those loans were extinguished in the alleged merger with jpmcb from chase home finance.
Excellent…like that “document refers to recorded mortgage in the future” there’s a spoof there somewhere. Exactly right hand doesn’t know what left is doing but it’s even more than that when we look at the money flow i.e. playing dumb while they laugh all the way to the bank! Themselves over and over again. It takes some skill to get this done while lawyers want to charge us $350/hr to read a document. I believe Bobbi Swann made the point we need this type of approach and we could take it further with other timelines, graphics I’ve worked on to help others lay their cases out and hit social media. I’d like to review some ideas if you’re open to it. You can send me an email here http://bit.ly/Si8EL5 Thanks!
If my work helps anyone I am very happy….this has been the longest, drawn out debacle of my life and if I can save people some tears and heartache…I’m game 🙂 my email is mortgageforgery@gmail.com 🙂
I had Abstracts done on my two properties when I bought them
Npw that this massive fraud has been perpertrated on sooooo many of us, we have a bigger base to fight back. We are getting older but stronger. God forbid any of us go, what powerful entity will
perfer to have the property in their names and for their use than the Banks, Title companies or judges?
Yes we have the base and the proof and the admissions. We have to get officials and your “average American” and the rest of the 95% of homeowners on the sidelines to get their heads out of the(their)….sand!…???
Good Luck on filing any fraud complaints with the Law…My experience was the Police, the District Attorney, the FBI and Secret Service could care less…I was shocked. Again, there is no justice if the law breakers are the banksters!! Don’t waste your time. File a lawsuit and file your own evidence to prove your Causes Of Actions. Then the banksters have to prove the evidence. You have somewhat more power as the Plaintiff….just sayin….
That’s the catch 22 though if the judges etc are bought. Not doubting you since I’ve seen this with local officials and even non profit lawyers don’t even know what the homeowner bill of rights says. But there have been changes and have been wins. Were your judgments before settlements, HBOR? What Tom and I have been pushing is working as a group and that’s not getting across and looks like Tom has disappeared and isn’t returning calls. Wee need to build pressure and get “discovery” before taking court action IMO although for some of us it’s been out of necessity and the settlements were supposed to provide some due process that’s been corrupted. As Marilyn is saying the base is there to put public pressure on if we can survive and then get our act together.
chirp….chirp….. china h8s fraud….china h8s jay me…..china h8s lil stevey….fretlife…
china ♡♡♡♡♡♡♡s ‘zilla…..dragons are cool….except when they’re on fire…
serving small bowl of piping hot alphabet soup:
DAs + FBIs + PDs + SS are ‘privately’ meeting w men in black….they are having the $t Xplained to them in back rooms….they are getting ‘reprogrammed’….to cuff/stuff the big dogs. If the 1st warning fails to bring rapid tidal reversal..read: fails to calm the dragons of the East and West….then come the greys…..xfile shhhhhh……t…..a warning should suffice….’a visit’…..my bad…not a warning…not a threat….more like an ‘introduction’ of sorts…..all part and parcel to this….our collective battle royale du ‘star wars’. Good wins. Spoiler alert…..
agreed David abusive cops….corruption central…to be crystal clear….I suggested going to Police for Paper and Procedural evidence…only … it takes 14-21 days…costs about as much…then you can take a copy and send w demand letter to each party involved…collusion/collision….this DEMAND for payment must be made before civil court…30 day window…then file.
‘your honor….our client…FretLife would have paid trevor $33 million but he never asked……’…nope.
Ps….. you will then see IF your locals dics have the right/wrong Stuff….plus you will feel better….trust me… 777
Going to courthouse to get copy of note and mtg. Can’t wait to see what the note details. Albertelli law. Bunch of thug attnys. I always see the same attny running by the 2 courtrooms and always has a snarled attitude. They hate when the homeowner shows up for court.
You can still sure them in court under that premise. I mentioned before you could do it as a ‘countersuit’ under the present one for the unsecured debt. That countersuit would allow you to bring into court the ‘mess’ with the mortgage fraud.
That’s exactly what I want to do…just trying to get it through my attorney’s head…who cares about the blue ink note….the fraud is in the original assignment of the note…as this timeline shows (http://1drv.ms/1iL3O2j)
Call again, and again. There’s a phone number that will connect you with a live person during business. Did you check your county register’s office to see if there is a “satisfaction of Mortgage from MERS.”
I couldn’t get a hold of a human and the automated system tells me the same as the website…there is no evidence that this was a Mers transaction outside of the fact that it is on the Corporate Assignment of the mortgage/note….so they can just throw that name MERS out there and it not be actually registered….that’s just one more log on the fire…although I don’t need to prove this I would like to add it to my arsenal…
Bobbi Swann
May 12, 2014 at 2:16 PM
@ Sheryl – file a QWR (Qualified Written Request) to the servicer. In that letter request all copies of assignments, loan numbers, trust agreements, mortgage-backed security agreements, mortgage and promissory note. Make sure that you send that letter in a form that they have to sign for it with a return back to you. If they don’t respond, you can file a report with the CFPB (Consumer Finance Protection Bureau). Keep copies of all that you can present in court to the judge. And follow up should you have to file a complaint to the CFPB!!! Demand answers!
That just shows how screwed up all these property records are for someone to get away with recording a lien and the bank paying them to get a clear title. The chain of title is broke and like you say stealing the house is truly the cover up. That person must have worked for someone in the mortgage industry and had some kind of inside information
This is unbelievable! How’s this any different than what banks did to us. Just substitute Moskovyan for any bank and the type of docs.
“It is alleged that between April 2010, and June 2012, Moskovyan committed numerous sophisticated fraudulent acts of various types throughout Los Angeles County. Those fraudulent acts allegedly included the following:
1. Moskovyan identified real estate properties that were scheduled for tax lien sales by the Los Angeles County Treasurer and Tax Collector’s Office. Moskovyan then recorded forged Grant Deeds at the Los Angeles County Recorder’s Office transferring ownership of the properties from the rightful owners to herself. She then filed claims to receive the “excess proceeds” from the tax lien sales. In other words, she fraudulently claimed the rights to receive the money left over after a property is sold and the tax liens were paid off.
2. Moskovyan recorded dozens of phony Mechanic’s Liens, for painting work which was never done, on the titles of real estate properties which were in foreclosure. Several financial institutions paid Moskovyan to remove the fraudulent Mechanics Liens in order to clear the titles so the properties could be foreclosed upon and resold.
3. Moskovyan fraudulently transferred the ownership of two real estate properties to herself by recording forged Grant Deeds. She then applied for, and received, loans using the fraudulently obtained properties as collateral.”
“For more about the Los Angeles County Department of Consumer Affairs, whose Mission is: “To promote a fair and vibrant marketplace, we serve consumers, businesses, and communities through education, advocacy, and complaint resolution,” visithttp://dca.lacounty.gov.”
Leder according to my closing HUD stAtement was no Morgan chase bank, na 4919 memorial hwy Tampa florida and yes my neighborhood is in shambles thanks to these banksters. House next door is in all kinds of disrepair including a pool that has never been completed, a breeding ground for mosquitoes and get this it is a Fannie Mae homepath property and the r asking 315k. It’s not worth half that. Property across street is foreclosed and the old owners are living next door under an alias so the bank won’t come after them plus they r trying to rent the house out and it had alreAdy been assigned to Fannie Mae to auction and I’d 2 months away from auction date and the old owner is still trying to rent it. Close to 50% of neighborhood is now rental and blackstone(ie. invitational homes) has tried to snag as many foreclosure a as they could to rent. I am a few blks from beach. That’s why I don’t care anymore. Neighborhood has gone to pot and u have to wonder if ur neighbor will rob u. Everyone about in s fla is on the take. This ace is a jungle with big gorillas.
Wow…your neighborhood sounds like a poster child of what I’m talking about. I don’t doubt it as the same thing is happening out here to some degree. The City went after me for minor repairs while purported bank owned properties even in beach areas were being allowed to fall apart. I think someone sued for west nile virus in high income neighborhood.
Here’s a good tool I forgot about to see property records. Looks like in FL you aren’t charged to search. LA county you only get to see a couple of pages, I did a search on mortgages since mid April and looks like Hillsborough Co is infested with MERS!
I looked at a record with JP Morgan Chase as mortgagee. Defines JP Morgan Chase N.A. as “lender” in the first paragraph. Then there’s a notarized copy defining them as lender with NMLS ID 399798 which could be a new thing. Address is Columbus, OH.
I then looked at ’06 records and there from sample I reviewed mortgages with JP Morgan Chase N.A. (OH address) and Chase Bank USA N.A. (DE address)
This verifies to me that they are different “lenders” with other questions with CBUSA I’ve put together.
See what comes up on your property. Select county and then you can search by name or date I believe.
@ LMS- you got that right about south Florida! It is worse there than where I am in Pinellas/Pasco. Sadly, the bigger the metro area, the higher the ‘paid off’ judges!
This is a joke but I will do a qwr. The banks attorneys already have filed “original” copy of note and mtg. It will be intersti g to see if what I request matches up. And I know that the bank got their copies from my previous attorneys. It was real funny how the “original” note and mortgage showed up after I got tired of my attny’s milking me and told them to get lost and suddenly the note and mtg pop up after I had provided copies to my attorney when I first hired them. It’s one big conspiracy to steal your home
I see it as stealing the home being the coverup. That’s why as David/Trev in their own way say possession is 90% of the law. When they get the homes they can care less how it or our neighborhoods end up and now we have new bubbles going. My property could go at nearly $100,000 more than when I made my loan in ’07. Weren’t we blamed for making that happen?
Any who so what version of Chase do your copies say is your lender?
what good would it be for a title company to only search for 7 years if it is mandatory that a search be 30 0r 40 depending on the state. Another way to try to trick us all to give up.
The bureaucracy is one of the rabbit holes then MERS etc are another branch of the rabbit hole. But like all mazes we need to step back and figure a way out or not get trapped in it in the first place by calling out their lies and misrepresentations. So the title companies are part of the problem esp if they were paid off by the pretender lender etc. I would rather use the law to get the copy of the Note or pay a third party title company to do a complete audit.
@ Marilyn – A title ‘search’ is very different than an actual ‘abstract’ of title. An abstract is the one that is done spanning the life of the property and very, very expensive. Title companies will do a shorter search that is less expensive and shorter period of history. They do insure the title against (certain) defects. Record retention has both federal and state implications depending on the type of business, but for the most part title companies fall under a 7-yr retention period. Nowadays, though, they are scanned and saved on disk.
Basic Owner’s Title Policy Coverage:
Clear title to the property
Incorrect signatures on documents
Forgery, fraud
Defective recordation
Restrictive covenants
Encumbrances or judgments
I’m not absolutely sure that such owner’s policy does cover a broken chain of title; however, in my opinion it would fall under “defective recordation”. Just my opionion.
Good info on Chase shell game. Bottom line is don’t accept Chase simply as Chase. The woman who approved the “Chase”(JPMC?)/WaMu sale, or some part of it or some merger, was forced out of the OCC and ended up in a cushy Wall St position. “Chase”‘s web site used to have a section on mergers that seems to have gaps.
I’ve heard the same thing that title company only keeps individual files 7 yrs. You do have title plants where 30/40 yr searches are done as a service I recall in past yrs in real estate.
your link doesn’t work maybe because you missed the tail end of the full link
please correct
David
yesterday I received from chase whistleblower employees in Columbus ohio at chase mortgage or finance or whatever it is called oh 4 is their mailstop but that is the default management group headed by mike zsarro s.v.p of chase since 1993. they are actuall y Gahanna ohio 614 area code.
yesterday in the mail I got my first photoshopped forged document by chase and from chase. it is the TILA doc for the second mortgage that had the demand feature checked. the Oregon AG has a copy of the same TILA doc with no demand feature checked that they got from Nationstar that chase handed over the servicing to years ago.
I have already filed a complaint against chase with uscfpb for this alleged photoshopped forgery. am sure there are more just haven’t scrutinized the docs enough. thanks to Eugene about the heads up on the merger since it is the final piece of the puzzle on how chase extinguished all the old loan numbers from emc chase bear stearns loans. now what if that merger also extinguished all the wamu mortgage loans as well.
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the (alleged) Lender. A copy of the current Note is a plus.
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
hello I just posted this to my attorney and to chase via website at chase.com for my unilateral loan that chase created with new loanterms and higher interest rates al l of which was illegal since it is predatory loan being serviced by a predatory lender and servicer.
best regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
Look at the OCC website for the merger documents. Were you noticed of the servicing transfers ? I’m only familiar with Chase Home Finance, LLC & JPMorgan Chase Bank, N.A. Bears Sterns is another bucket of worms. Mergers involve Purchase and Assumption Agreements and other good documents.
In a merger, one entity disappears and the other prevails. EMC may have merged with____, Bear Sterns may have merged as a “matter of law” or something like that because the government forced the merger??????????????
I just posted this to the uscfpb and got a case number. it should go well with chase morning joe and doughnuts Monday morning.
regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
david franklin
May 11, 2014 at 5:38 PM
Yes emc noticed me
The fed reserve did the order to merge
Yes…..feel free to file a Freedom of Information Request…
I filed my complaint w Boise Police Department. ..fraud division…
I claimed false docs…robo sig…collusion. ..RICO…the works…thetruth…it will be Exibit 1. if necessary. ..
Agreed about typical CA messes..considering we ARE the class and I did press for a $Billion + Settlement already…we have em on the ropes…this approach would terrify both banks…they ‘know’ me…they know if I lead I go till one of us is not standing…i’m food and home insecure but I think 7 yrs is long enough…we got this one…I can pedal bike to the Court….I’ll even send a claim letter on behalf of Our Class to Steve and Jay Me…. Ill scan my police report tomorrow.
Hi I am in a foreclosure. My loan was made with Ditech. I have a full reconveyance filled at our
local court house. Gmac / dba ditech is now out of business. I received a settlement due to the
fraud process in their first attempt at foreclosure. Now gmac has sold my said loan to 21st mortgage, and they are attempting to foreclose. This process is very illegal. Is there anyone
out there willing to take this case? I have all documents on hand.
You have a reconveyance on loan they are trying to foreclose on? That could match up with people saying they paid off loan and were foreclosed on but usually banks say it’s an error. Not lawyers here but sharing information we find unless there’s a lawyer reading and participating. I’m revewing a lawyer referral service if you want to email me here elsa.carter-6yyl2g2@yopmail.com
Have to get note. Being sued by JPMC. I wish I had note. Am going to start with the addresses u referred me too. Have all my old statements and they were chase home finance(servicer). I was told by previous attny that chase and Fannie Mae were both trying to claim ownership. But I think they just use Fannie as a front to allow them to pull all their crap(stall for loan mod like the investor won’t modify and the like bs). Chase is hiding behind Fannie to protect all their wrongdoing
Do you have the homeowner copy? You can check that and see where in the Note text it says who the lender is. It seems even lawyers assume automatically Chase Bank and JPMC are the same. Then check date. I believe JPMC claimed they merged with Chase Bank around time of WaMu sale late ’08. Unless Chase Home Finance originated? Then there were questions about them and there was a merger or bk in ’12 possibly. Current copy will tell you if it’s been endorsed or if it’s fabricated copy.
please all…..if you have been rolled by Jay Me Diamond (of Chase ’em to pridon) and or Steve Kandarian (of FretLife)…join the 9 step program…..step one …realize that we have the Class Action of the Ages…here is what we are going to do……fire w fire….goes like this.
Everybody who wants in MUST file a police report w your local…that is your ticket in. Send me a hardcopy…..$20 max…
They play for 43x face value….THAT is the number…..we ‘bundle and serve’….as a Class…
still ‘wit’ me? So for me….it goes like this:
We send ONE demand….then…31 days later we file…as ONE….w our Settlement Number….x THREE for a fair resolution in Court…oh and a side order ‘deterant theory’…for the next guys and girls…if only 20 of US….right here…us guys…..we justify the claim w their own calculus. …their own figuers….the Class Claim would be $1billion….or $3 billion…..come this fall…..now divide by 20…..either scenario you/we win….before Christmas…..hmmmm…silver bells?….nice ring to it…..
Send me your PoPo Reports…by July 4. No extensions……no exceptions…boat leaves on 7/4/2014. Send me the report and the face value of your Loss…..just the principal. ..just the facts…ill bump it up from Boise….4th District Federal……w honors…w pleasure and press….full court.
16% after taxes and fees goes back to the next pool of fighters….no exceptions.
909 NORTH 15th Street
House if the Rising Sun
Boise, Idaho 83702
United States
Interesting approach. Class actions seem to be full of problems though. If we form a group I’m thinking we can do smaller group actions. Also of filing criminal complaint. Do you have an example?
@ Trevor David – how are you going to use Police Reports from all around the country for a filing in Idaho? Anything outside of that county would not have precedence for a lawsuit. I don’t know even if filing with the 4th District Federal court would take into account those reports from everywhere else. Have you knowledge that this is allowed to be brought in as evidence? I will be glad to get my report filed with the Fraud division of my local police department if you know that it can be accepted.
Hammertime
Was your assignment recorded in public records? If there was never an assignment. Then I would think your original lender still is. If MERS was involved there would still be a recorded assignment I know MERS was created to avoid certain recording fees. Originally chase was the note holder because I signed the note and mortgage with chase as the lender. That’s why I believe they have always held my note and mortgage. If chase would have transferred the note there would have been a recorded assignment and there is not
That’s where the rabbit hole starts or continues. Chase Home Finance was the servicer on previous loan then I made a “new” loan I was told I needed due to the crisis with Chase, with Chase Bank USA as the original lender on the Note. Late ’07 there should have been no mention of MERS or WaMu. WaMu error got me trapped in a high payment 2/28 loan in ’05. In my case the problem goes to broken chain possibly since ’04 or before. I was told i would not have any title issues even though loan was at 11% because I was not with a sub prime bank or loan being with Chase. Things got bad real fast and asked them to change the loan and the rest is history. they claimed an investor would not allow the loan to be changed. Then they claimed that they as JPMorgan Chase is the investor. So there’s 2 tracks are they who they say they are and if investor, payoff where’s proof of payment. In CA Chase says they don’t need to record an assignment. The question then is why did they. In my case i don’t believe the loan was closed as described on documents or as presented to me.
When you research Chase Bank USA it is possible to conclude they never made my loan. To top it off one of their reps said they didn’t pay off previous loan since it was WaMu or a refi!
In the end you have to go beyond the documents and ask how they show what happened to the debt. That along with how they mistreated us when we tried to resolve our issues.
There was no endorsement from Chase Home to JPMChase on Note copies until late last year although JPMC claimed to be beneficiary then investor since late ’08. Somehow copies no longer show the endorsement. The assignment that JPMC claims has problems with trustee supposedly representing Chase Home.
There are no assignments as to MERS and previous loans which is why I’m questioning CHF claim to be servicer and the purported payoff. Chase actually admitted they deliver paid off Notes BY RIGHT which they did not do for the ’05 loan. This is why the delivery of ’05 loan is important and i didn’t accept that reconveyance was all there was to it and it was “good for me”. Have letters on file system I may have invited you to.
So it goes beyond the fact they avoided fees with MERS, to me the bigger issue is they put in any information they wanted or it was completely messed up. There’s where we go beyond stopping sales and asking who has the money and the real debt.
When you say Chase originally held your Note you need to break down who Chase was, claimed to be and how does that affect your debt to whichever entity you really owe. Issues come up to allow you to question the transaction when you start getting the information. I guess the point is it’s not going to come out the “right” way if the chain of title is broken or the debt is being misrepresented. Which is when you get to the TARP,insurance etc issues.
I was able to get this info without a lawyer but with good lessons from paralegal and others which is why we can’t ignore use of settlements, CFPB etc.
Hope that makes sense and didn’t go too far down the rabbit hole.
I went on the MERS official website and searched every way I could possibly search our our property…by name, address, social security numbers…I have even tried to find the MERS number, however, I have a fifteen digit number, however, MERS is suppose to be eighteen digit number…the format of the number that is on my document is the same format, less three numbers…:/
Just did that today…they have absolutely nothing…yet the assignment say Mers as nominee for world wide financial assigned our property originally…now how can that be and yet there be no evidence of it on the MERS site…
hammertime
May 10, 2014 at 7:14 PM
That’s one part and it should show MERS as nominee on Note or mortgage? (Deed in CA) It would have been good to see if it’s changed as mine has over the years, still there seems to be a broken chain along the line just in your MERS issue. So if the guys claiming you owe them aren’t on the original Note then don’t admit the debt to them until they prove it with all these questions. It would be interesting to see how they would react to a strong cease and desist letter.
You can see a in my presentation, in the assignment of the mortgage and the note (the Corporate Assignment) it clearly states that the original assignment was from MERS…yet MERS site shows nothing…the evidence is outrageous…:/
hammertime
May 10, 2014 at 7:49 PM
In CA as far as I can tell from my docs the Deed of Trust includes a paragraph that MERS is acting “solely as nominee…” then that they are the beneficiary, think that’s where they get in trouble. There is a MERS ID also printed. This was on my ’04 loan which was supposed to be paid off and I should not have heard of MERS or WaMu since. Not so of course. A MERS official signed off on a Substitution of Trustee on first foreclosure attempt in ’08 and that’s when the questions started. Chase didn’t acknowledge the present “loan” was NOT a MERS loan until ’11 or ’12. They then claimed they could re-do the SOT. They are now claiming ignorance until late ’13 with other suspicious MER entries. I also had a corporate assignment blank form so I would check your note and mortgage. If MERS isn’t on there per my experience the assignment is invalid.
@ Sheryl – WOW! Now that’s a BIGGIE on the assignment…..But again, if the mortgage was nullifed why worry about the assignment? Other than pursuing a civil suit on your own against the lender with you as the Plaintiff….
We won an avoidance of the mortgage due to the forgeries…however, according to the bank they have a “blue ink” note…I find that odd since we signed with a fine black bic pen…but that is of no consequence…the have an assignment (in blank) on the “note”…however, my feeling is that if you prove that the actual original assignment is bogus, then the note should fall. One thing missing from the presentation that I just discovered yesterday (thanks to the fresh eyes of another mortgage fraud victim) is the fact that according to the original assignment that was supposedly notarized on 04-14-2004 states that the mortgage was “recorded” on 05-25-2004…?!?…and then they waited for a year and a month (after we fell one month behind on our mortgage) to file the “recorded” assignment of the note and mortgage on 06-22-2005. The mortgage was avoided, but that had nothing to do with the note…sad but true….however, for those of you that have looked at my presentation…you can tell this whole transaction has been nothing but a lie from the beginning…yet, here we fight…smh
Bobbi Swann
May 10, 2014 at 1:45 PM
@ Sheryl – An assignment of a promissory note is not required to be recorded. An assignment of the note as long as the assignment is dated AFTER the date on the mortgage would be valid. Are you sure you are talking about the assignment of the note or the assignment of the mortgage? They are two different documents. Assignment of mortgage is recorded (or supposed to be) but an assignment of note just documents the ownership of the note from one lender to another. If the assignment of the note is found to be bogus it would simply revert the ownership of the note back to the issuer of the assignment but it would not void out the note itself. Note: There are some lenders who will add such verbiage as “assignment of note and mortgage” when they file/filed an assignment of mortgage in public records but not always. Some mortgage assignments only make mention of the mortgage being assigned.
Ah, you would think…the now avoided mortgage assignment recording happened on 11-03-2005 (supposedly assigned on 05-17-2004)… the (bogus) corporate assignment of the “note and mortgage” which supposedly happened on 04-14-2004 (yet the front of that corporate assignment shows that the mortgage was recorded on 05-25-2005 after the supposed notarization occurred) and was recorded on 06-22-2005…six months before the recording of the now avoided mortgage. I find it interesting that a document that supposedly was notarized in April of 2004 would state that the mortgage was recorded in May of 3004…exactly how does that work?
I spent many hours on this presentation and then just yesterday discovered that the assignment also was “notarized” on April 14, 2004 yet, on the very same document it says the the mortgage (now avoided) was recorded on May 25, 2004…how did they know that when the notary was signing the document. Oh ;thats right they didn’t which means that the document could not have been signed on April 14th and if it was it was altered after May 25th…that makes 26 evidences of fraud throughout the packet and that doesn’t even include the now avoided mortgage…smh.
You have tons of issues people can learn from. Looks like Bobbi is knocking ’em down! I had to get clear that they’re pursuing you for the “debt” of the Note. Your case is the mirage/nightmare of foreclosure being voided and then having original? “lender” pursue the debt. I’m reading about fraud, business torts that may apply esp with negligence, oppression and malice. I’ve read about it before but no lawyers will take on so far will keep digging or others may have experience. The NM/AZ case definitely made the point of damage of banks dragging their feet and possible loss of homes.
Another issue that I am having is that this was supposedly a MERS nominated assignment…yet MERS database shows nothing in regards to our address…I find that even more curious…seeing the MERS number is suppose to stay with the loan until it is final.
hammertime
May 10, 2014 at 6:57 PM
Coincidence I just asked about that. Was MERS on your Note or mortgage? They were on neither of mine but there were MERS records after the closing of the disputed loan, refi. These records had completely different investor/servicer two years or more after closing. Chase refuses to explain this while they then created new MERS records which they deny even though they provided the MERS information! That’s why we can’t get stuck in “is MERS legal” argument but show how they or the lenders used it to manipulate or mismanage our mortgages and property records. I also had New Century Mortgage on previous loan endorsing Note that Chase took over as servicer but New Century was never recorded anywhere. Only received that purportedly paid off Note with the same stamp you have until recently after 7 years.
All these possibilities where yours is the opposite with blank MERS records when there should be? All points to clouded title where quiet title case should force anyone with a claim to explain. If the judges enforce the law.
Ideally….I would ‘register’ 50 attys….one in each state…..to serve as a laser focused nija….a focal point for us….the one’s w dna that won’t quit…..yeah….a one stop….prepaid….vetted…attorney. …I would only ask for 1 commitment in return…pay it fwd…..so that NEXT SEASON we have 2x the wins…..2x after that…..compound the ‘interest’. Turn the tide….
There are services now that I’m looking at. We have to be organized and start trying them out and vet them as we go since we have the experience and knowledge. With $5,000 we can get some cases in the pipeline and start putting together tools to review, collaborate and publicize. Sounds like we’re thinking along the same lines and others are as well on other sites.
I will request it for what it’s worth. At this point I wouldn’t believe the paper it is printed on. But perhaps it will reveal their lies and deceit. What address do I send the request too. Thanks
There may not be a specific address any more with new law 01/14. I was told to send to following address by point of contact and I also sent to CEO Dimon and trustee.
Chase Fulfillment Center
3801 S. Collins St. TX1-1814
Arlington, TX 76014
I believe there was also an address on Notice of Sale so you may want to review your docs or ask point of contact.
Following section phone and email also has responded. Try not to laugh,
“Our Commitment to Treating Customers Fairly:
If you feel you were not properly evaluated for foreclosure prevention alternatives or inappropriately denied a foreclosure prevention alternative, or you are concerned about fraudulent servicing practices, or other actions you believe may be a violation of delinquency management or default prevention guidelines, including a violation of policy time frames, please call 1-866-209-1720. We will use best efforts to acknowledge receipt of your complaint within three business days following receipt via phone, email, fax or mail and will strive to provide a resolution within 30 days. We will communicate the proposed resolution to you in writing and next steps, if applicable. You can also write to us at:
Chase
Attn: Customer Support
Mail Code: OH4-7302
P.O. Box 24696
Columbus, OH 43224-0696
Please note that we will make every effort to expedite review of your case and provide a resolution prior to foreclosure action(s). However, foreclosure action(s) may still take place during the review of an escalated case.”
QWR is less focused on format now, but Chase may try to use errors such as overbroad request as excuse not to answer things but did provide copy of Note. Check following sections if worried about errors or just keep simple and refer to settlements that should say they need to provide copy at least or just ask for it if you have time and see how they answer.
Looks like the focus is on identifying if an information or error request. If you have a template may want to shorten and customize it and focus on copy of Note.
Qualified written request.
1. A qualified written request is a written notice a borrower provides to request a servicer
either correct an error relating to the servicing of a mortgage loan or to request information
relating to the servicing of the mortgage loan. A qualified written request is not required to
include both types of requests. For example, a qualified written request may request information relating to the servicing of a mortgage loan but not assert that an error relating to the servicing of a loan has occurred.
2. A qualified written request is just one form that a written notice of error or information
request may take. Thus, the error resolution and information request requirements in §§ 1024.35 and 1024.36 apply as set forth in those sections irrespective of whether the servicer receives a qualified written request.
The collaboration is awesome….you put a ton of work into it…I worked at hp for yrs….I learned the Body of Knowledge…BoK….will be iterative…it will get refined…
I hereby pledge 16% of my aftertax settlements to THIS board….ill pay it fwd…so that we can break ice and watch YOU save your homes…w attornies…jds w spine and integrity. …yup…when I win…we (the fighters) ALL win….this is my church…dig it. We’ll escrow it out properly….in time. Peace yo.
$33 million to MetLife alone….do the math….plus Chase…plus American Home Mtg…++++…et al.
Triple it for little greys….for ‘punis’. Help is coming……..
777
That’s the spirit we need and the creative writing! I am also thinking along those lines. We need to think about money and time we can devote. If we put together even $5,000 we could do some serious damage with the facts we have here and can confirm. Done right we can help those in dire straights.
@david f any docs on the TARP money payoff data? Also any info on NY AG and CA AG investigator Warren? Think is his name. I’ve sent info to CA AG and the CFPB with violations of settlements and strong evidence of misrepresentation and possible fraud but have heard nothing concrete. CA Monitor is saying they can’t respond individually since they’re going out of business. CFPB helps to postpone sales but I think I’m in the last round of that merry go round. This is the shell game on the govt/settlement side. They say they can’t give any legal help while saying they are checking to see if any laws are broken. I’m pretty sure the settlement language says different. As with the Gov Brown lawsuit there’s also the question of why the monitor is closing down and non profits aren’t taking cases because there’s no money. Where’d the money go?
I have yet to see a copy of my note, but I am sure it is forged. I have my blank originals. I am going back to title co to try to retrieve a copy. Does anyone know how long title companies r required to keep copies?
That’s unbelievable! If you’re Note’s with Chase you should be able to use a QWR and the settlements to have them deliver it. If they don’t you could point to my case and ask why not? I recently received the PAID OFF Note (previous purported loan) they denied me for 6 years! But even that was supposed to be an original but was a copy and it has the contradictions/lies that may bring the house of cards down. Even though you’re in FL? the settlements are like your Homeowner Bill of Rights if with Chase.
Everybody should review Sheryl Sutter’s post below with her cases docs link.
I’ve sent emails and invites but received no response. Let me know if you’re interested as I want to reach out to others to get a good set of files together to test. Thanks.
by federal respa law the note stays in the lenders vault or in the trustee’s vault in chase’s case they have none of the blue ink signed by the homeowner blue ink notes. the note stays with the mortgage per us. supreme court ruling years ago.
most of the blue ink notes were destroyed in securitization since the banks thoughts mers would cover their butts. but mers in Washington state is dead.
so there is no note thus forgery when they show up in court.
wells fargo the trustee for al l bear stearns loans and wamu loans maybe sued chase in federal court under respa law federal law for not having the promissory notes in their vault in Monroe LA.
The fully executed mortgage should be recorded in public records. I thought the note should be too, but then in fla. Notes don’t have to be from what I hear
Keep copies of all checks u paid and when u go to court show the judge and the judge should force them to show how payments were applied. That’s the best I can tell you. Just make sure u keep proof of all payments made
They took my modified payment and waited till they had enough of those to make an original payment which was more than 2x the modified payment and then applied it and all along while they were still claiming I was not making any payment at all. Ask for a copy of how your payments have been applied
Did that and they reversed them after applying them
Then put them in unapplied account then madr escrow
Charges which were fraud to eat up the unapplied
Balance and now refuse tp give me escrow accounting
Statement required by federal law
So far they have allegedly stolen over 100000 grand
Of payments and trying to extort me for 476000 dollars
Includes 313000 balloon on first trust mortgage i didnt
Apply for
They are doing this to millions of people
And tried to make me pay mortgage payments
Twice for same month and year nine times
What is really sad is that chase allegedly under guise of loss
Mitigation n loan mods is keeping all mortgage psyments
From wamu met life n bear stearns mortgages n putting
Them in unapplied payments forcing foreclosures from manufactured
Defaults n keeping the cash for themselves plus cashing in
The derivative hedge bets on the servicing rights up to 43x
The face value of the mortgage
And covering it up
We should be complaining to congress
I guess the uscfpb is corrupt n run by the banks n funded by the
Banks
there will be rewards for those still standing….zilla is about to retain…fire…to fight fire…I want these c uh-ohs to sweat it this weekend….they can hear the tension rods pulling on the bear trap….like you know something BIG is going to happen…but you just can’t put your finger on it….banking execs are getting that ‘you’ve got mail’ jingle….only problem is…it is not really love letters….they sent me loads of hate mail…for 6 years….my turn. Steve…Jay Me….you two will fall…on my watch….turns out Chase….you carried a second on my loan….just ‘discharged’ the $47,000 fraudulent note…..good friday jay me…Fyou…too Steve…I want you both in silver….t-n-t.
It will be done…..trust me….you will pay me for your crimes…greedy monsters…yes I just judged you….not early….right on time. Justice on the 777s….@godspeed
Just like with the settlement they established a pattern of their wrongdoing so they should be able to with changing acct numbers but from what I understand. That is a big no.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even if they’re corrupt and being gamed.
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at orgination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
http://1drv.ms/1kTbf5Q These are some things that I found in our file. Now mind you the mortgage has been avoided (only took six years); two years later the bank is suing for the note. See if you think my evidence should bring down the bank…and then I’ll tell you the rest of the story…
I would have thought that too, however, in our case they actually forged our signatures…not some robo-signing….it took six years for us to finally get the mortgage avoided because we had to fight the bank on an equitable mortgage (they lost). Now two years later they want to sue for the note…hence the pp presentation and hence fraud and forgery. Might be the same old story, however, we were the first to have the mortgage avoided for having homeowners signatures forged in this fiasco…The fact that we, the homeowners have done the due diligence to find this fraud, makes us wonder why, when fraud was already evident in the file, why the banks didn’t do their due diligence to find what we have found. This is officially a ten year journey as of April of this year…
Nice work Sheryl. As a matter of law, shouldn’t the homeowner need to be in possession of an agreement to which he was a party, with both party’s signatures on it? Otherwise, where is the agreement? In our situation, most if not all of the “agreements” in the “closing packet” given to us were merely those first copies of the unsigned originals with no signatures. I’m wondering if this is material in our case. Any thoughts welcome. Thanks.
We never received any documentation from the bank regarding our “refinance” after the closing…had we not had our packet that left with us at closing we would have had absolutely nothing…it was because of that packet we were able to prove we had never signed the mortgage…we didn’t have one in our packet, so therefore there wasn’t one in theirs…
Great presentation! This is the kind of thing I’m talking about where we can show exactly what the docs show and the lies in real terms. I’ve invited people on here to sign up on the system for exchanging files. We can modify these docs so no personal info shows and the system allows you to control who sees them and we can email each other and get forum going etc. Let’s start with a couple and see how it goes. I’ve started with a couple of mine. Are people not getting emails or invitation? If you need help we can communicate and see if I can help with file editing etc.
End of sidebar.
I have some parallels on my docs and even the same endorser on a Note. Just did a quick review but very impressed.
In the old days when the country’s businesses were concerned with their own country and their paying customers this would have brought down any business.
I was hoping to compare my files to the three or four extreme Chase cases on the board but this case can also be a good comparison esp in CA.
I did a quick review and what jumped out at me is that you should have a strong quiet title case. (of course not a lawyer) In normal times ANY fraud was grounds for damages etc. In these Wall St justice days that we just have to pay we have to go to the next level and show where the money went and/or that the purported lender isn’t the original lender or valid beneficiary etc. The endorsements go to that it looks like but I didn’t see any payment history type info. Again, need to go back since you have tons of info.
If we put together a few of these especially with s strong social media approach we can show we’re being treated like second class citizens and justice isn’t blind with Wall St.
You can contact me at following email to either compare notes or to review the file sharing site, whatever you’re comfortable with.
One of my many issues is that in our case…fraud was evident and proved in 2007 (even though it took until 2012 and the 6th US Circuit Court to unhinge their equitable mortgage plea)…the bank was aware that the file was corrupted, yet they never did the due diligence to discover if their were other fraudulent document. Instead they wait until I sue them on their forced insurance (after all they have no document that allows them to insure my home – mortgage avoided); they then decide to sue me for the note. My point, where was the banks due diligence…why didn’t one of their high priced attorneys go through a four day due diligence as I, the homeowner did. The didn’t because they knew they were using my documents and not those of the banks. At what point does the bank have the responsibility to look into the file for FURTHER FRAUDS…smh (I do that alot..smh)
Bobbi Swann
May 10, 2014 at 12:51 PM
@ Sheryl Sutter – if your mortgage was voided then the only document they have to prove the debt is the promissory note. That being the case, the only means for them to sue is in civil court under an ‘unsecured’ debt – not a foreclosure. Foreclosures only concern those debts that are secured by some form of collateral (i.e. real estate). If they choose to sue you why not just file BK and get rid of the debt forever? If you do go to court and you can’t prove the note is fraudulent the best they can do is to get a lien against you personally. Those can be wiped out in BK too if I’m not mistaken.
@Bobbi Swann…they can’t foreclose…they are suing for the note and all the payments I haven’t made in the past seven years, as well as attorney fees, and all the other fun stuff like interest. My point is that there was already a proven fraud, and now in their lawsuit not only are they using fraudulent documents…they are using my documents, that they never had until the mortgage fiasco…they are pursuing under the unsecured debt….my attitude is that my evidence should more than prove the fraudulence of the rest of the file…and for those of you who have seen it…I would assume you would agree…now to get our attorney to recognize what I am trying to tell him, because in this case, I am not accepting No for an answer…period. Especially with the evidence that you have now seen.
Bobbi Swann
May 10, 2014 at 1:52 PM
@ Sheryl – since they are going after you as an unsecured debt why not file a counter suit for the fraud on the mortgage? Your attorney (sounds like you need a new one) should pursue that along with all legal costs, punitive damages, etc. as part of the counter suit. Even the National Mortgage Fraud Agreement allows you to go after them personally in situations such as yours.
David I agree, but surely u have proof somewhere that they switched loan numbers and if there are 2 million. That is a powerful # and more need to come forward. They tried to xfer. The servicing of my loan right after my loan mod supposedly became permanent and then they reneged. I see the scam they pulled on me.
yes I have proof including docs from the federal trade commission and 50,000 of the old account numbers from trustee wells fargo. that is why I filed a state bar complaint against kellerrohrbach.com here in seattle wit h the Washington state bar which is in process of allegedly with kellerrohrbach. covering all this up. no on e will file an appeal to the federal appeals court . I cant since I was barred by kellerohrbach.com to be I nthe suit as well as chase since the yknow I would blow the whistle on them. the state bar complaint is still in play in seattle wi the Washington state bar against ms cappi o lead counsel for the plaintiff homeowners defrauded b ychase . I am the only person that is complaining. that is the problem no one will raise hell not with the court not with wa state bar and not with us cfpb or justice dept.
we keep getting screwed and no one is complaining to congress or ag eric holder as far as I can tell.
but yes I have proof but I am not a lawyer so m y guess it all could be thrown out as fabrication knowin g these crooked scumbags.
regards
David
MS CAPPIOS COUNSEL A NOTHER ATT0RNEY HIRED BY HER TO ADDRESS THE STATE BAR COMPLAINT I FILED WROTE THAT CHASE TOLD THE COURT THERE WERE ONLY 60,000 MODS DONE AND ONLY GAVE THEM THE NEW ACCOUNT NUMBERS . SO THEY EVADED AND ALLEGEDLY LIED TO THE FEDERAL JUDGE BY OMISSION AND MY VIEW IS THAT THE ONL YWAY THEY COULD EXTINGUISH LEGALLY ALL THOSE OLD LOANNUMBERS WAS TO — USE FEDERAL tarp MONEY TO DO THAT . IN OTHER WORD THOSE LOAN MODS NEVER HAPPENED.
WE ARE WATCHING A COVERUP OF MASSIVE PROPORTIONS HAPPENDING BEFORE OUR EYES
IN MY HUMBLE OPINION.
dAVID
did any members of the class object to the settlement and file an appeal nationwide
my attorney told chase to go stuff their mod where the sun don’t shine yesterday
they harassed me the entire month of april to file for one.
and even harassed my attorney for two weeks
the chase guy was joe shea out of Columbus/Gahanna ohio 614 area code
tel no 614422 5631 that is a local number for chase in ohio if you want to call them about something
best regards
david F.
and my guess that appeal period is not going to last long.chase doesn’t want it to get out there are two million loans that were modified that never got a notice about this suit since chase illegally allegedly changed all the account numbers using TARP money to do it andchanged the loan terms as well under the guise of a loan mod to disguise an illegal loan transfer.it would have cost chase 2 billion dollars to mod all the fraudulent mods they did from 1999 to 2010.
so now they can run their alleged Ponzi pyramid Bernie Madoff mortgage loan scam with predatory loans tied to derivative hedge bets run by chase hedge fund managers with interest rates on these former bear stearns emc mortgage loans going to 12.37 percent in nine years sincethey are adding illegally over1 percent to the interest rate per year instead of 2/8thsof a point that the promissory note says.
their computer is already programmed for this next new round of massive foreclosures and chase did this allegedly with no TILA or RESPA or HUD 1 disclosures or official notices to their customers. this may be true for met life lOANS AND wamu LOANS AS WELL.
REGARDS
dAVID f.
“In 2009, the recovery was fragile, and besides, we had just sunk all that cash into bailing out the banks. Busting those who committed financial crimes would risk undoing all of that. Prosecute our clients, said the bankers’ lawyers, and you risk destabilizing a fragile financial system. Put a systemically important financial institution in your cross hairs, and you put the entire global economy at risk.
The Bush and Obama administrations bought this line of reasoning.
This argument should never have carried the day. The job of a prosecutor is to prosecute, not to make economic forecasts. Convincing various governmental departments not to do their jobs was a masterful act of salesmanship, one that undercut fundamental principles of rule of law.”
That’s the disconnect, though it is from Bloomberg and gotta give them credit for publishing this but it’s not salesmanship but treason! Gotta go back and read again since it’s exactly what I’m facing where agencies/local govt are IGNORING the law and I keep thinking they’re doing what the lobbyists have convinced them to do.
Does anyone remember reading that most of the flower companies looking for your mother’s day business of sending flowers to your mom is owned by a bank?
karen- to be a whistle blower, look up the local FBI office in yoiur phone book, knock on the door, and tell the receptionist agent you are here to report a crime. they will be happy to see you and take your evidence. it costs you nothing. only a us attorney can put people in jail. it needs to happen more often.
CHECK EVERY DATE ON EVERY DOCUMENT THEY HAVE. the Plaintiff withdrew during the trail, the good news is: he was so rattled I am pretty sure he left court, and did not stay for his case after ours with same witness, I think they won because I did, I hope so. am going to court house to day, to get records. the judge will not let them come back with same complaint, I had a fair Judge. witness tried to testify LPS was active for Bayview (created in 2011) had a doc, giving authority that on 4-3-2006 for a loan created on 3-23-2007, what do you do if you find whistle blower evidence? I am scared these are big corporations, plaintiff gave me his file in court. I can put them down.
Karen, I have some of the answers for you.
I don’t offer help to very many, and probably do know what I am talking about. Please contact me, I believe it will be worth your while.
My contact info is in the note I left for you in reply to your prior posting. You should find it below.
re chasemdlsettlement.com my complaint to wa state bar regarding conduct of class action counsel ms cappio of kellerohrbach.com in seattle wa state barcomplaint and submitta of additional evidence.
hello Ms. Powell of Washington state bar disciplinary counsel office in seattle wa. In reference to my complaint about ms cappio and ms obrist of kellerrohrbach.com in seattle wa. and your letter asking for more evidence to be submitted by me.
I have the original envelope with postal metered postmark and bar code scan b y the uspa if you need that.
I request that you acknowledge your receipt of evidence sent to you by me by mail or email
attached are pdf docs sent to me by ms cappio’s defendant this past Saturday
in which they admit in the docs a loan mod was done on my loan starting with 002 first three digits
please see screen shot in second pdf file showing at the bottom of the page a boldened by me dollar amount of $ 13,664 demand to make the same mortgage payments twice.
lombino martino
and that this loan mod or another mod was not finalized as ms obrist asserted in her email to me. that being the reason why I am not in the lawsuit.
these docs clearly show that a loan mod on the current loan number starting with 102 ending in 6526 has loan mod active on it which I did not apply for or approve. and that I have been charged for an appraisal and payoff statements twice without any authority to do so by me.
these are ms cappio’s defendants in the chasemdlsettlement.com lawsuit in the federal district court o f boston ma.
they also show the alleged extortion of me by ms cappio’s defendant while this suit was and is going on in the court above.
a spreadsheet from chase computer prepared by ms sparks per her letter in the pdf file shows that all of my payments were reversed in January 2013 after being applied and reversed back across a previous calendar year without notifying irs of the effect of that on my mortgage balance.
then in another document attached it shows that in January 13 the beginning date of the reversals chase.com sent me a paperless mortgage statement for payment due feb 1 2013 demanding that I pay the same payments again for $ 13,624 dollars or approximately 9 mos of payments already paid
there is an escrow tx history showing that chase extorted allegedly again for my escrow funds by transferring all of the above to my unapplied funds and that charge those monies with false charges to eat up the unapplied balance and all of my payments disappeared. over $ 30,000.
please print out these docs in the file.
the evidence indicates that while ms cappio was in court on this case, chase may have used TARP taxpayer bailout funds to extinguish the bear stearns old loan numbers shown in the file on the mod agreement in the upper left hand corner starting with 002. once these old loans were extinguished which chase is trying to show I nthe spreadsheet as one loan number back to 2007 but the mod agreement is for the old loan number for the first trust.
once the extinguishment took place chase under the guise of a loan transfer originated or created a new unilateral loan for me and many many other bear stearns loans for wa state residents with a total number of roughly two million and then in my case raised the interest rates and loan terms with a balloon payment in 2037 so that my new loan would pass chase computer net present value model software for a loan modification.
the point here is that this is not compliant with federal law , I never applied for a new loan or a loan mod and then chase while ms cappio is dancing with chase created a new loan in violation of federal and state law and not compliant with Washington state law and then hired an attorney to try to foreclose on me saying I was in default when I am on chase website four payments ahead.
there were no tila laws no respa disclosures and according to the testimony from current mdl settlement class members chase is not providing as required by federal law any disclosures on the loan mods offered to wa state residents.
as I have mentioned to you that ms cappio and ms obrist may be directly responsible for this harm done to me as a disabled veteran as well as many other veterans nationwide and was state because of the their alleged actions.
allegedly
best regards the key word in mr potter’s letter is unilateral meaning one sided creation by chase.
David Black
so n my case chase has absconded allegedly with over $ 50,000 of mortgage payments and escrow funds from me and tried to extort me for thousands and thousands of dollars but the evidence prepared by chase personnel clearly shows that once you can connect the dots and decode this alleged confession.
I am requesting that you obtain the new York AG Eric Schneiderman lawsuit against chase bear stearns on behalf of the investors that own my mortgage or used to own it. the alleged extinguishment of my old loan changes everything .
the point here is that chase per mr potter’s letter to chase attorney Barbara bollero created a unilateral loan in oct 2011 which was and is part of this lawsuit just like the old loan number and created it without any legal authority or permission or applications from me to do so and didn’t even have the required respa notice of the new loan number sent to me.
as required by federal law and no mortgage statements from april 2011 until march of 2012 for both old and new loan numbers and put all my payments in suspense accounts and then tried to foreclose.
I only have a masters degree in banking and finance and studied law and read the law in the VA to become an attorney as allowed by the state bar there under a licensed attorney and I did my masters thesis on chase financial operations and worked and trained by the us treasury dept to spot and identify fraudulent bank activities and my perception that this alleged evasion by chase attorneys to omit all these old loan numbers and create new loans and liens on wa state homeowners property is a gross violation of federal and state law and evasion of irs taxes is a felony.
and this evasion of not providing the old loan numbers to the court including my loan is a crime one and two a violation of wa state bar and any state bar canon of ethics that has caused me great harm for over seven years now and hundreds of thousands of dollars of harm
best regards
David f.black
please stipulate on a written document sent to me and ms cappio all evidence submitted.
it is not legal to originate mortgage loans and liens without the consent of the homeowner and that goes for loan mods as well.
I just posted this o n uscfpb.gov website for my complaints against chase.
chase has not resolved a single monetary dispute in seven years on my predatory illegal loan as part of their Bernie Madoff Ponzi pyramid mortgage scam tying predatory loans to derivative hedge bets on m y servicing rights on m ypredatory loan which they created with higher rates after the alleged loan transfer from emc mortgage in april 2011.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even […]
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at origination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
all o f chase reponses have no oath of truthfulness like Itake to submit my complaints and not signed by an y exec authority. all v.ps have been fired who have tried to help me locally here with this mortgage problem and now chase is trying to cover everything up andmake me pay my mortgage payments twice while they load up m y cushion in m yescrowbalance and refuse to give me an escrow statement for 2013 .
Take all your evidence of the fraud and file a lawsuit! You have everything? Stop playing in the courts ball field…it’s rigged! Just make your allegations and prove it with your evidence…Exhibit A…Exhibit B…You are the best one’s to fight it from the accuser…not the banks…they can’t prove shit!
Just my thought this evening!
New York has a new plan brewing to build 200 thousand units for all incomes 80/20 apparently to cover up all the homes and apts stolen that many of us has spendt 30, 40 or 50 years working for
and now they expect us to start again all the while putting the fraud on the back burner.
angel , what state r u in? Alot of us on this website has experienced the same crap with Chase. They r beyond dirty. Hang in because the longer we stay in , they are getting more exposed everyday for the sh** way they have been treating us! I think they will have to come clean at some point. They did the same thing to me. They want to break you down and take your property, but don’t let them. Complain to the OCC, state AG, as many as you can. We will break them. They wont break us tuff guys.
Ky, & thank u for responding & I’m still in my home,so I haven’t lost,but its a damn shame the hell we’ve went thru to be heard & proof of pymt used to be SOLID proof/case closed,,,chase is evil & deserves to be knocked off their crumbling pedestal….I will NEVER give up:-) 🙂 🙂 🙂
David Franklin
May 5, 2014 at 7:36 PM
My family is from KY angel
Regards
David
Angel
May 5, 2014 at 7:58 PM
So is mine,well a lot of em,lol…I luv,luv ky:-) 🙂 🙂 I pray u get resolution:-) 🙂
I’m beyond frustrated!!!& need advice please!!!!! I’m in the 4th yr,of my nightmare,2yrs I’ve had a lawyer,but the harassment won’t stop,by mail,email,couriers in my yard taking pic’s 1-2x’s a month!!!!I have been forced into default Without EVER missing a pymt,forced flood insurance never needed,forced into foreclosure,,,,,,100% false credit reporting by lender of missed pymts received & cashed,no deed,never filed with our county,mis-applied monthly pymts,destroyed us on purpose due to a re-fi attempt to GET AWAY from chase,through Quicken Loans revealed COLLATERAL TITLE ISSUES,no deed,that point forward paperwork,phone records show chase was FORCING us out because I demanded answers over deed,yet I can’t MOVE this case forward???what or ”who” do I need to contact to reach some what of a normal life again?
hello angel am going through the same thing with chase. I am four payments ahead for ten thousand dollars andthey are still doing the same crap to me as you.
been fighting them for seven years.
they need to be shut down.
I did find some leverage by complainging to uscfpb.gov and submitting a complaint
address your complaint to ceo chase mortgage banking kevin watters and mike zsarro head of their default management group. these people are alleged crooks and scumbags and lowlifes rabid bonus driven execs.
they are driven by bonues from derivative hedge bets against you up t o 43 x your mortgage amount. if they foreclose they make all that money.
you can google that term and chase testifying to ellen warren of us senate banking committee that they are doing this to people
if you write to uscfpb is even better to rickard cordray director. in Washington d.c.
keep complaining and make chase document to the government what they are doing to you.
if you really want to stick it to them call mr wagner us attorney for eastern district of northern California in sacramento ca ask for his asst ms winger and leave a message for him
he is preparing a criminal indictment of chase that will shut them down permanently.
we all need to form a stampede on the govt officials complaining about chase as to their criminal misconduct. it my case it is extortion grand theft and larceny allegedly.
regards
David
Angel
May 5, 2014 at 5:58 PM
THANK YOU:-) 🙂 🙂 🙂 THANK YOU:-) 🙂 🙂 I will be using this info:-) 🙂 🙂 🙂 🙂
step 1. recognize today for what it is..Cinco Day..
step 2. take your last $7.50 and buy a 6 pack and 3 limes..while you can.
step 3. after beer 3, call your LOCAL police…ask for a detective..have your docs ready.
step 4. be prepared to go to the Station…report the Fraud…names..dates..reasoning.
step 5. wait 7-10 days….fill out a ‘request for report’…pay the $5-25.
step 6. submit THAT report w a letter *…notarized..asking for your 3 things…whatever they are.
step 7. wait 30 days for your servicer/abuser to respond…at day 31…go to step 8.
step 8. call me….1.208.703.9525.
step 9. welcome to the Dragon’s Nine Step ProGram. 9….german for ‘NO’.
‘Just say ‘NO’…then call IndigoBro… that’s what EYE wood DO.
****** please include a cc: notice/copy to the appraiser, lawyer, realtor.
Angel
May 5, 2014 at 6:00 PM
Thank you so very much:-) 🙂 🙂 🙂 will be doing this also:-) 🙂 🙂 🙂 🙂
You don’t have an attorney any more? If not,why? Did you ever ask a title company to run your title for you? Did you get title insurance when you purchased the property? What kind of “collateral title issues’ was revealed when you tried to refinance with Quicken loans? Why would flood insurance be forced upon you if you are not in a designated flood zone that requires flood? When you reference the word ‘deed’ are you referring to the warranty deed given by the seller or the mortgage deed of trust? What state are you in?
You have left out a lot of information that would be beneficial to us all in order to help you.
Angel
May 5, 2014 at 6:11 PM
I have a lawyer,I had flood insurance/Allstate,forced flood stems from wrong home value,&incompetence,title issues revealed by quicken is just that,no deed/title/note.& never filed with my county,I’m in ky, & also chase electronically put back 12thousand bucks while still suing me for bogus debt,who gives money,a lot of money to someone they claim owes a debt?
Bobbi Swann
May 5, 2014 at 6:28 PM
@ Angel – the National Flood Insurance Program (NFIP) determines what property is in a flood zone by state, county flood maps. It is not determined or have anything to do with the value of your home. It does make a difference at what elevation you are at as to the level of insurance you will have to have. If you are within a designated zone that requires flood insurance according to the flood maps you will have to carry that insurance as long as you have a mortgage. And, if you have title issues and you have an attorney then those issues should be brought to the court’s attention. Attorneys have the capability of getting a title search done and that’s what should have been done from the get go. You should go back to the agent who closed your mortgage whether it be an attorney or title agent and have them pull your file. Your title insurance that you paid for would cover ‘defects’ in title. Make them anty up and pay! File a claim on the title insurance underwriter (i.e. First American Title, Fidelity Title Ins., etc, etc.) Did you get copies of these things when you closed and did you ever received your Warranty Deed back from the recorder’s office when you closed on your home?
Angel
May 5, 2014 at 7:01 PM
Bobbi,I am in a flood zone in 2008-2013, I had flood insurance,& chase was going by home value,FEMA is a set amount,chase requires 80%coverage on flood,80% of my home value,,as of 2013 I’m No longer in a flood zone according to notice from chase?
Angel
May 5, 2014 at 8:15 PM
Bobbi,I have everything from the closing,but Nothing from my county,it was never filed,,I’ve been served 2summons,2-2011 & 4-2012,the last one is amended..& clearly states on summons,due to clerical error the deed/note has become ”lost” & due to clerical error”never filed in our county” they serve me,I respond with bank statements/notices from within chase of confirmation of account current & PD on time,boom run around,passing me off to Executive Offices to be shredded verbally,to going above their head w/complaints to boom! Served again same default already proven paid,,,I’m being 100% jerked around,since 4-2012 to now 5-2014 I’m still in limbo,passed along/over,,,its getting beyond toxic on me/normal life but my DNA will NOT allow me to quit when I did ZERO to deserve this nightmare,,THANK GOD FOR SITES LIKE THIS:-) 🙂 🙂 🙂 🙂
this weekend the AGs….all of them…are getting ‘recalibrated’….so that china does not foreclose on these United States….eventually the ones who ‘allowed’ the theft have to drop the hammer…and help compensate those robbed….either they investigate and try/fry….or they learn mandarin….they were presented the option…. enjoy the roses…777
I now know why they called…..they…the Bank cage…like in vegas…the springs. W a t e r….
Legal shield 424213 lombino martino randy martino and sally hiserman.
alleged chase confession of wrongdoing in their own hand employees blowing their whistle and all on chase stationery . there over 10,000 additional docs from chase and other emails and docs to support these substantiated allegations
copy to mr wagner us attorney sacramento ca pursuing chase for criminal misconduct related to $ 13.5 billion fine against chase by eric holder us doj AG and mr uran of Portland Oregon u.s. attorneys office who has talked to mr potter about this.
please see screen shot save of feb 1 2013 notice from chase.com. giving me paperless notice I need t o pay my payments ON MY MORTGAGE TWICE GOING BACK TO MAY 2012 AS GIVEN NOTICE ON JAN 12 2013 FOR PAYMENTS IN THE PREVIOUS TAX YEAR. THIS IS JUST ONE OF THE ALLEGED EXTORTION ATTEMPTS THAT TOTAL $ 476,000. they reversed in the spreadsheet Rick and Tiffany both have. in other words they took the payments put them in their pockets and put them in suspense after reversing them after they were applied the year before and then charged escrow payments seen in the attached docs in the escrow summary starting in 2013 to eat up the escrow balance. THE REVERSED PAYMENTS WERE NEVER REPORTED TO IRS.
the escrow tx history is non compliant with the escrow federal accounting mortgage act that has specific formats for chase to use. I sent them via secure email from chase.com website for my mortgage account with complaints to uscfpb as well and copies to rick potter, my request for an entire 2013 year with full and accurate explanation of all the charges and the balance of the escrow cushion and charges to it as allowed by the above federal law.
they denied my request and have no idea what the cushion balance is or any transactions credit or debit to it.
they stonewalled me.
we now with the two docs attached have in my opinion a full confession of wrong doing including extortion , grand theft , grand larceny by chase personnel including kevin watters and ceo of chase mortgage or chase home finance along with mr mike zsarro s.v.p of chase home finance default management group ej reed Vicky hall Tanya smith supervisor , joe shea
evita clowney , Teresa sparks along with local chase bank personnel rob mally v.p. Kelly matthers fired v.p. and lena Houston senior v.p here in Vancouver wa. all with full knowledge of conduct specified above.
the total amount of extortion attempts including the $ 313,000 BALLOON PAYMENT NOTICED TO ME BY CHASE.COM WEBSITE FOR A FIRST TRUST LOAN THAT I NEVER APPLIED AND EXTINGUISHED ALLEGEDLY BY TARP MONEY AS TESTIFIED TO ME BY OTHER CHASEMDLSETTLEMENT.COM SUIT CLASS ACTION MEMBERS, EXTINGUISHMENT OF MY ORIGONAL LOAN NUMBER AND LOAN BALANCE USING TARP MONEY IN ORDER TO NOT HAVE TO NOTIFY THE FEDERAL JUDGE OF THE TWO MILLION MODS DONE ON LOANS IN WASHINGTION STATE AND THE OTHER U.S.STATES IN THIS NATIONWIDE LAWSUIT.
BY DOING THAT CHASE SAVED APPROXIMATELY 2 BILLION DOLLARS AND WOULD HAVE RECEIVED MUCH LESS INTEREST ON THE LOANS . BUT THEY ALSO PER MR POTTER’S LETTER TO CHASE ATTORNEY MS BOLLERO ALSO WROTE A UNILATERAL LOAN FOR ME WITHOUT MY PERSMISION WITH HIGHER INTEREST RATES HIGHER LOAN TERMS WITH BALLOON PAYMENTS ON FIRST TRUST LOANS AND DID THE SAME THING TO APPROXMATELY TWO MILLION OTHER CHASE MORTGAGE LOANS FORMER BEAR STEARNS EMC MORTGAGES.
THE ESTIMATED TOTAL AMOUNT OF EXTORTION ATTEMPTS ON ME BY CHASE MORTGAGE INCLUDING THE BALLOON PAYMENTS DUE IN 2037 WHICH MR POTTER HAS A SCREEEN SHOT SAVE BY ME IN HIS RECORDS IS INCLUDED IN THIS AMOUNT.
THE TOTAL AMOUNT OF ALLEGED STOLEN PAYMENTS BY CHASE SINCE 2007 EQUALS APPROXIMATELY $ 55,000 WHEN WE INCLUDE INTEREST ON MY MONEY STOLEN BY CHASE IN UNAPPLIED PAYMENTS REVERSED PAYMENTS AND NO MORTGAGES STATEMENTS ON TWO LOAN NUMBERS FOR THE FIRST TRUST.
RIGHT NOW THERE IS NO RECORDING OF ANY VALID LOAN AT THE COURTHO– USE ASSIGNED TO A BENEFICIARY OF INTEREST AND CHASE REF– USES TO CREDIT ME FOR THE FOUR PAYMENTS AHEAD SHOWN ON MORTGAGE PAYMENTS FROM 2008 AND THEIR OWN WEBSITE FOR BOTH OLD AND NEW LOAN NUMBERS
AND NOW WE HAVE A FORCED PER APRIL 14 2014 LETTER FROM CHASE MS TERESA SPARKS ATTACHED SHOWING I HAVE A UNILATERAL LOAN MOD ACTIVE AND NOT APPROVED OR APPLIED FOR AND PAYMENT OPTIONS AT 1.86 PERCENT
FOR A LOAN BALANCE OF $ 89,176 DOLLARS AND CHASE’S MS VINCNET LETTER TO MR POTTER SAYING MY LOAN BALANCE IS $ 388,888 DOLLARS ONTHE FIRST TRUST AND CHASE REPORTED TO TRANSUNION THAT I OPENED A NEW LOAN WITH THEM FOR $ 300,800 AND RICK POTTER HAS THAT PRINTOUT AS WELL.
IN OTHER WORDS TWO FIRST TRUST LOANS SIMULTANEOUSLY.
THIS YEAR CHASE GOT THE SECOND TRUST LENDER TO SEND ME AN AFFIDAVIT TO SIGN THAT I STILL LIVED IN THE HO– USE WHICH I SIGNED AND RETURNED TO RUSHOMRE LOAN MGT SERVICES WHICH DOES NOT HAVE AN OFFICE IN WASHINGTON STATE AS REQUIRED BY STATE LAW AND NOT ENFORCED BY WAS H STATE AG .
MR POTTER IS CURRENTLY BEING HARASSED IN VIOLATIONOF THE FEDERAL FAIR TELEPHONE COLLECTOIN PRACTICES ACT BYCHASE’S MR JOE SHEA OF GAHANNA AND COLUMBUS OHIO TO ALLEGEDLY FORCE ME TO SIGN A LOAN MOD WHICH I WILL NOT DUE UNDER ANY CIRUCMSTANCES.
CHASE HAS LIED ALLEGEDLY TO THE U.S FEDERAL DISTRICT COURT JUDGE IN BOSTON IN REFERENCE TO AL L THE OLD ACCOUNT NUMBERS AS SHOWN ON THE LOAN MOD DOCS ATTACHED TO THIS EMAIL BY OMITTING THEM TO THE JUDGE ND COURT PER ORDER UNDER CHASEMDLSETTLENNT.COM SO TWO MILLION HOMEOWNERS DO NOT GET THEIR MODS AND STOPPED FORECLOSURES UNDER THIS LAWSUIT SETTLEMENT ORGINALLY FILED IN YAKIMA WA IN JANUARY 2010 AS A FEDERAL FAIR DEBET COLLECTION PRACTICES ACT CASE WITH A STATED MONETARY CLAIM OF BILLIONS OF DOLLARS FOR HOMEOWNERS AND DISABLED VETERANS LIKE ME TO GET RESITUTION FOR HARM DONE BY DUAL TRACKING FORECLOSURE AND FRAUDULENT LOAN MODS DONE BY EMC MORTGAG BEAR STEARNS CHASE FROM 1999 TO 2010 ON FIRST AND SECOND MORTGAGES THAT WERE ALL FRAUDULENT AS SPECIFIED IN COMPLAINTS FILED BY KELLERROHRBACH.COM IN FEDERAL COURT IN YAKIMA WAS PER FEDERL FDCPA. CONSUMER HOMEOWNER COMPLAINT AS A CLASS ACTION JUST FOR WA STATE HOMEOWNERS.
IT WAS CHANGED AND MONETARY CLAIM DROPPED BY KELLERROHRBACK AND THE FEDERL JUDICIAL MDL COMMITTEE FROM THE SOUTERN FEDERAL COURT DISTRICT OF NEW YORK AND CHANGED TO LOAN MODS ONLY NO MONEY TO HOMEOWNERS ONLY MORE ALLEGED FRAUDULENT LOAN MODS WHICH CHASE IS TRYING TO FORCE ON ME NOW AND I AM NOT EVEN IN THE LAWSUIT CLASS PER LETTER FROM CLASS ACTION COUNSEL EVEN THOUGH I WAS PROMISED I WOULDBE BY SAID COUNSEL IN WRITING AND OVER THE PHONE.
FOR THIS I FILED A STATE BAR COMPLAINT FOR THAT AND THEYDID NOT APPEAL THE FEDERAL JUDGE REFUSAL TO CHANGE CASE BACK TO FEDERAL FDCPA JUDGE ROBERT A STEARNS OF BOSTON MA FEDERAL DISTRICT COURT.
END OF EMAIL
PLEASE SEE ATTACHMENTS FOR CHASE CONFESSION WRITTEN BY THEIR EMPLOYEES IN OHIO BUT NOT SIGNED BY ANY EXECUTIVE SUCH AS MR KEVIN WATTERS OR JAIME DIMON.
AND ON CHASDE STATIONERY AND DELIVERED TO ME VIA CHASE.COM AND U.S.P.S MAIL ON SATURDAY MAY 3. 2014
REGARDS DAVID BLACK
I A M PROTESTING TO THE WA STATE BAR IN SEATTLE WA THE ALLEGED SELLOUT OF ALL DISABLED VETERANS LIKE ME BY NATIONWIDE BY KELLERROHRBACH.COM BY NOT MAKING SURE THAT CHASE NOTIFES ALL 2 MILLION LOAN MOD VICTIMS LIKE ME.
WHEN PART OF THE SETTLEMENT IS THAT THE FEDERAL JUDGE WILL SET ASIDE ALL FORECLOSUES IN PROCESS BY CHASE IF THE HOMEOWNER/VETERAN RECEIVES PROPER NOTICE FOR BOTH THE OLD AND NEW LOAN NUMBERS THAT WERE ALLEGEDLY OBTAINED ILLLEGALLY BY CHASE USING FEDERAL TARP MONEY IN VIOLATION OF THE US FEDERAL FALSE CLAIMS REFORE ACT. WHISTLEBLOWER LAW.
there is a related lawsuit by ny ag eric schneiderman in new York superior court by his office against chase bear stearns trusts after cohen and Milstein sued and settled with chase bear stearns on behalf of the investors in my mortgage which mr schneiderman is using again on behalf of the owners of my mortgage
boilermakes and blacksmiths union of Kansas city Kansas and two other pension funds railroad and health care
all afl cio related labor organized labor unions under jurisdiction of the u.s dept of labor.
regards
David F.Black a permanent and total disabled cold war / Vietnam era veteran by us federal veterans administration and us federal social security administration related to military naval service during viet nam war.
Bobbi Swann thank you! I will read what you sent, and I had that 559.552 in there. The judge ignored so I am going to use Florida Civil Rules of procedure 1.190(d) that I have a right to amend my affirmative defenses with new evidence coming to light. Believe me I plan to bring it all into his face! Thank you! I just found 1.190 after I posted and I am also going to look into some other things with the FDCPA etc.
ldynps I don’t believe I can at this point, as the pleadings are closed and we are one month away from the close of discovery. That Answer I filed was already an amended one the judge gave me permission to file. Thanks, I will look into the rules. Thank you though
Flip that pyramid over sunshine…..THEY are in OUR corner….they want a watch that tells the time so to speak…..ACCURATELY…no fraud….in Asia….fraud is shame worthy.. akin to karmic murder. I am ‘sharing’ the news…and it is good.
ps…there is no such thing as mafia….only karma and that we make ourselves….solo.
We are in a safeharbor now…..w big friends…my enemies’ enemy is my Friend….I am from L.A….18th St is on a peace accord…top down…y soy la ona…mi otre familia…mi vatos…we ride.
I have a very important question.
I filed a comprehensive answer and affirmative defenses. I scoured this course to do it correctly.
Unfortunately at that time I didn’t realize that under the FDCPA I was protected against this debt collector.
Now the judge is telling me it wasn’t in my affirmative defense so I can’t bring it in.
Is this true?
He also says that the UCC “trumps” the FDCPA in Florida. Any knowledge about this?
(Sorry I don’t see how to begin a new topic on this forum)
Thanks
Chris
@ drchris11 – Obviously you are in the state of Florida. I believe he may be wrong on ‘UCC trumps the FDCPA in Florida. See here taken from the Florida Statutes:
559.552 Relationship of state and federal law.–Nothing in this part shall be
construed to limit or restrict the continued applicability of the federal Fair
Debt Collection Practices Act to consumer collection practices in this state.
This part is in addition to the requirements and regulations of the federal act.
In the event of any inconsistency between any provision of this part and any
provision of the federal act, the provision which is more protective of the
consumer or debtor shall prevail.
As the UCC (which is a Federal Act) you should read the below and pay attention to page 11 with regards to state courts.
Oh, and you should be able to file Leave to Amend as is your right to do so before the close of discovery. If needed, you can research the law library for prior cases that have done so and cite those in your filing. Plaintiff’s attorneys do it all the time. I know, they have done it in my own case.
Karen….way to go!!! Thank you most of all for sharing this wonderful TKO..in the 12th…lights out on the 7s. Guuuuurl….you just broke thick ‘unbreakable’ ice….precedence was set…and then shared …..smashes top only of full chilled Dom Magnum….lowers on rope w card…flower..and thanks…..in the end…good always wins Karen and your support team…never easy, always worth it. Again…..by communication like yours…we all share in your VICTORY…JUSTICE….and LIBERTY…you may need 2 yrs to fully recover….expect an adrenaline fallout….tears of joy. 777
here is some all of our stolen money – read article- a partnership between Fidelity and LPS – you remember them LPS Docx that wonder woman who made millions of fraudulent documents
Fidelity National Financial Management Discusses Q1 2014 Results – Earnings
Garfield/Weidner talking about judges allowing perjury in FL. Real reasons why we’re frustrated with the courts but it goes to political system etc as well. It seems some are resorting to not go through discovery it’s so bad. Bottom line we have to do our own presentation of the facts and we have to handle our own situations as best we can. Hopefully doing the former as a group will help us on the latter. http://mattweidnerlaw.com/florida-courts-taking-advocacy-role-tossing-around-foreclsoures/
Hammertime – the link you provided is my attorney in my case. I not only go to my hearings but I’ve also sat in some of the other hearings for Matts clients. It is a joke! It’s not just one county, but in all of them. I’ve been to Pasco hearings and Pinellas hearings and it’s the same vulgar desecration of due process of law as well as our constitutional rights. Matt Weidner is a fighter but I’ve also seen how the courts are wearing him down as the judges turn their heads from the scrupulous banks. Ice Legal, Evan Rosen along with Matt Weidner are all fighters but war weighs heavy as time trogs along. Let’s all continue to support our fighters just as we support our Armed Forces. : )
hammertime
May 2, 2014 at 4:26 PM
Yes, we’re all in this fight together, the attacks on veterans, seniors are salt in the wound. But it’s good to hear there are others out there. Recent posters also reflect how we’re all affected. The recent 4closurefraud posts also reflect how things are going and what a critical time it is.
Would be great to be able to collaborate with these fighters as homeowners.
On that note I’m trying out this file sharing site that can be expanded if it makes sense. I have a couple of docs up that represent just one example of bank “untruths”.
My social media skills are mostly theory but sounds like you have a handle on it and the fc/court issues as well.
You can submit your email at following link and I can send you link if you would like to join up to test “beta” version. http://bit.ly/Si8EL5
If we can get this info out there we can help burst that bubble Mandelman, others and we are trapped in.
Following housing info hit home with Garfileds post today about the shell game.
“It has been a week of weak numbers, and
analysts are now revising down their estimates for
2014. “Several key metrics of housing activity have
shown notable weakness in the first three months of the
year,” wrote analysts at Morgan Stanley who downgraded
the range of full-year 2014 sales to 4.75 million to 5
million units, a reduction of as many as 1 million
homes. “In our view, the rationale for the weakness
comes from a combination of three factors—severe
winter weather; a transition away from investors
reliant on distressed and cash purchases to mortgage
credit-dependent buyers; and affordability challenges
for first-time home buyers.”
” Investors, having priced
themselves out of several formerly hot markets, are now
pulling back somewhat on purchases, leaving a
historically short supply of lower-priced homes for a
usually strong cohort, the first-time homebuyer. “This
institutional investor dynamic is a whole new era I
think,” Robert Shiller, creator of the S&P/Case-Shiller
Home Price Indices, said on CNBC’s “Squawk Box” on
Tuesday. “As institutional investors start to play in
the single-family market, that just changes it
fundamentally.” Regular, credit-dependent buyers are
just not coming back to the market as fast as expected.
In fact, the nation’s home ownership rate fell to its
lowest level in 19 years at 64.8% in the first quarter
of this year, according to the US Census. Household
formation is also running at about half the rate it
should be, given current demographics and pent-up
demand.
“Household formation is critical for the housing
recovery. With so many young people living with their
parents or roommates during the recession, the housing
recovery now depends on how quickly young adults
re-enter the housing market,” said Jed Kolko, chief
economist at Trulia.”
‘zilla smashes magnum on outside of c uh-oh’s office window…pours half to parched onlookers below….champagne flows for us too….christ we paid for it…didn’t we…..I would NOT want to be Jaimie….Steve….Matthew…any of them….Timber!
thank you capn’ ….
met life is out of the biz correct…and yes…I helped get them ‘focused?’….but they have 4.2 million (or a substantial portion thereof)…of carcasses they walked over to make those cozy..fancy expensive commercials…you know..the ones where mom is left w no life insurance but FretLife saves the day….rest assured…MetLife cares….snoopy…smiles…and fraud….a hat trick of bully tactics…I call BS…MetLife cared about as much for me as well…the lawyer they hired to ‘do battle / do fraud…news flash..if they’re caught in a barrel. ..it ain’t really fishing now is it? God help MetLife…I will drop this stock single handedly…..while I prepare my WB suit….Rust is on my $hit list too….Matthew Potter and Steve Kandarian…and Laura Burri….come get famous….come get your prize….you earned it…..advice: always know who you’re robbing…j/sayin’.
We will fight this and we will win our $ back…with interest….global and heavenly….7up.
$33 m x 3 for punis….ORCA CA #2 <— liver / onions…..
I’ve set up a place for file sharing. Could be expanded for full social media but want to test out first. I’ll friend emails I have from recent posts if you would like to participate in a beta run for file sharing and start/build dialogue for other ideas.
I won in court today as a per se, only got as far as taking apart the witness for bank of ny, bayview. then Shapiro, Fishman attorney McFadden all of a sudden with drew from the case with out prejudice? I think ,this is a 2008 case, with robo singed assignment, how do I get attorneys fees back, went per se after 2 attorneys failed to put forth what I knew would win the case, any advice would be helpful, also want to void the MIN# and loan #
thanks for everyone out there, between the Father’s help and everyone we prevailed!!!
JamesM - JamesX
May 3, 2014 at 12:29 AM
Karen – Contact me by email, or call me.
Make sure there is a Notice of Voluntary dismissal in the court record OR a transcript of the hearing where he says he want’s to voluntary dismiss the case.
I don’t like giving my details publicly, and don’t post my phone number as digits, but do call and we can sort out the results of the court hearing.
This is an invitation for Karen only. My area code is for Broward County FL and the exchange is number is seven two eight, with the last four digits of nine three five one. If I am out leave a message.
hammertime
May 3, 2014 at 1:16 AM
Great news! Congrats! It’s a great feeling to see a post like this though too few and far between. But hopefully will be a start to a trend we can help push along.
Good questions we can hopefully follow up on. Did you include quiet title in your case?
Please sign on the file sharing, if you haven’t, and we can review your case files.
Bobbi Swann
May 3, 2014 at 2:34 PM
@ Karen – you do realize that ‘dismissed without prejudice’ means that they can come back and file again? It only dismisses the current case but gives them leave to file against you again in the future.
JamesM - JamesX
May 4, 2014 at 1:54 PM
In Florida there is no such thing as taking a voluntary dismissal without prejudice.
If voluntary dismissed once it is as if the action never happened. Automatically without prejudice.
If done over the same note with the same alleged default date it is automatically with prejudice.
If done after the trial has started it gets more complicated, and even if it is the first time MIGHT be automatically with prejudice, depending on what stage the trial is in. This sounds like your situation.
Whether or not it is with prejudice, (prevents the same complaint being filed again), is a mater of law under the rules of civil procedure, not something the party can elect.
So did the court dismiss the case, or did the party take, or notice, a voluntary dismissal?
I would like to talk to you further so I understand exactly what happened, and to make sure you have the right end of the stick. Sounds promising. Let’s make sure there is no wiggle room.
JamesM - JamesX
May 4, 2014 at 8:40 PM
Karen – I have re-read your note. I understand you are excited, but you said:
“attorney McFadden all of a sudden with drew”
An attorney withdrawing is not a win.
An attorney withdrawing the pleading by filing a notice of dismissal is a win.
Karen – Please contact me by method described in my note below and we can discuss what you need to do to confirm this. Also I may be able to suggest were to look for the right resources you need, which will guide you regarding recovering your costs if it is actually dismissed.
David, why don’t you contact an attorney or two who can explain LEGALLY what went on, and then let us know. And why aren’t you petitioning the Court to make Findings of Fact and Conclusions of Law on your matter and doing your Discovery !!!
FYI I feel for you I to have been fighting Chase for over 3 years where many people would have walked away. In my case I have some good investments which afford me the cash flow I need so everything that they throw at me my attorney answers. My next step is I am going to have my attorney start sending subpoenas out to depose some of the Chase Employees whether they are still employed by Chase or not I know it will be costly but who cares. I am presently waiting for the Judges answer on there motion as well as my answer.. I feel for families who do not have the financial resources to fight them. It is a complete sham what our banking industry has become but hopefully justice will prevail and we can score a win for the little guy.
With the recent opinion from the Florida Appeals Court on the HSBC case lately, wondering if the Florida courts would have cause to review their opinion…..
Hi Bobbi obviously you r more read up on this than I and I am learning from you because when chase offered me a forebearance that lead to my ” permanent” mod which chase never honored. I noticed that they were waiting until they had received enough payments from me to make up one of the original payments before they would apply them and yes they have been dual tracking me from day one. I have record of all my payments and I suppose at some point depending on this class action settlement, I will have to see how entirely they were applied.
david, it seems to me that you would have acopy of the original mortgage,executed and if chase created a fraudulent mortgage, they would have created a fraudulent signature on your behalf and furthermore if it was never recorded, then I would think that it would not be valid in a court of law. I don’t know what state you are in, besides frustrated. I am really sorry to hear of your situation. Im sorry I just don’t understand how they could create a whole new mortgage without you being first advised by Chase, but we all know of all the fraud they are getting away with and they are not getting richer off of me because if they fail to honor for the 3rd time the HAMP they gave me in 2010, I will take another route to expose them. plus that net present value calculator should not even apply. CHASE BREACHED, NOT THE HOMEOWNER.
@ Lms – I’m not bitter; just facing the facts. If a loan modification is TRULY a modification, then it has to be recorded in the public records just like they recorded the mortgage. They have to show in public records that such mortgage was ‘modified’ from it’s original terms. I do not know of any modification that has been recorded and these lenders have no intention of doing so. First of all, if a loan has been securitized (bundled& sold) then technically ALL of the investors of that particular securitization have to consent to the modification. Servicers don’t have that legal power to do that. Understand that when a loan is sold on the secondary market the original lender was paid from the proceeds of that securitized sale. They never recorded the assignments when those loans were sold so you never knew. They set up and used MERS as a means of avoiding the payment to the county recorder’s to record all of those assignments. (that’s another story altogether). When your lender makes a modification agreement on a securitied mortgage it is worthless!!!! Check your county records under your legal description. Any modification recorded there? Check the modification paperwork as well. Do you see any type of notary acknowledgment for the lender? What about your monthly statement showing any of those payments going to principal reduction? None of these will be there. That’s my point! Again, not bitter just facing the facts. These lenders are just taking people down the road, collecting monies and never applying the funds but holding them all in a suspense account and all the while showing you delinquent with an open door to initiate foreclosure.
we shall overcome….dave this is your purpose….meaning in the end…find it.
mr diamond is not above the law….no one is…in fact…I get harrassed by abusive mental midget cops and get jaywalking tickets that cost taxpayers $5,000 w a face value of $5….just like everybody else…..diamond…I hope they make earrings out of you…silver bracelets…anything …just end the corruption one c ‘uh-oh’ at a time…. agreed? My dog could run a multi national better…at least she doesn’t lie and squash dreams….like ‘Jay Me’…..if disabled vets like Dave do not start winning….their fights….then Jay Me…..I will make you call me….and you won’t like that…not one bit….ask Steve down the street….I have cost FretLife…..well…$Billions….yup…w a B…..you Jay Me…..we would swing for the fence…for the ‘T’… $trillion$….and you in a federal prison….any….pick one….just can’t be club fed….it’s full….new rules…mine.
Thank you Captain….like network….you gotta get mad…..grrrrr
777
I received a remarkably poignant call this early morning….mountain time…think 3 am….early…silent white owl early.
Was Bangkok and London Calling….a teleconference of bankers….arbitrage ‘voices’…and someone in a thick Latin accent….said ‘mi casa es 18th street’ and I laughed…they like to f w me….so the call was a heads up of sorts…..said 7 things:
1. we ♡ godzilla….then they said it again
2. they said we have the dragon in our favor
3 they said the Lotus shsll bloom??
4. they said the ny bankers must serve jail time…this time.
5. they said metlife and chase have …..boo-boos…big ones
6. they said our idea of seeking immediate restitution is ‘supported and encouraged’
7. they ssid thanks to This Board… so I said I would post the nod….
snoopy killed my service Labrador s….
zilla swings from flagpole….shakes manhattan…to its foundation. 777
jay me….steve….matthew…laura….YOU are now on the Radar….THE SHOW.
Trevor David Hitchin Kaufman
May 5, 2014 at 8:31 PM
capitalism is really starting to reek…. when will these ceo DBs learn??? New York….you greedy bums ALLOWED this to happen….you were so impressed w their egos…their suits…their greed….. metlife is at $51.50….w a dividend being paid…Abigail…Im suing you too….greedy bitch…..owning a fking corporate meat grinder….fraud will kill America….And I wont care…..let it burn….one ceo at a time.
Jay Me….Steve….Laura…Matthee…..Jesus hates you. Bigtime….. I wont stop until snoopy is bbq’d…… 20 years each. Obama….you are weak…so fn weak…..I want to puke….nice going Holder….scumbags….all of you. Weak scumbags…
bobbi, I am not lookin for a payout, only settlement of my loan. Have you read the settlement conditions? If they don’t comply with the settlement agreement, then they will have to be forced to. There never was an intended payout, except to the attorneys. Why are you and david always so bitter?. I know we are all getting screwed here, but that settlement is one of the few chances I have left so I remain hopeful. There was never any payout , but they are supposed to make good on the modifications that they reneged on.
Who will join me in painstakingly documenting EVERY error and wrongful act, filing civil actions based on them and then doing MORE discovery and obtaining injunctive relief and declaratory judgments.
There are a growing number of debtors who are receiving favorable settlements, however as a condition they MUST agree to a gag order that says they will NOT disclose or publicly discuss the terms of the settlements. THIS is why some of our best ‘fighters’ have clammed up – they had to.
I don’t know why you folks have not been offered settlements just to shut your public voice-ings up, ARE YOU ASKING TO SETTLE and MAKING THEM OFFERS while you’re obtaining documentation that could prove very costly for them ? EVERYTHING YOU OBTAIN CAN BE PRESENTED TO GOVERNMENT AND THE PUBLIC – in fact do you all know how to OBTAIN THE RECORDS THAT GOVERNMENT AGENCIES HAVE ? which can be FILED AS EVIDENCE IN YOUR OWN CASES ???
Anyone who needs help identifying and going after things, I have extensive experience in this and can be of some assistance to you perhaps. I work with folks to basically ‘produce their own documentary’ for use in court, with law enforcement, legislators, media, etc. TALK doesn’t do it…EVIDENCE and the LAW does. DOCUMENT DOCUMENT DOCUMENT… FILE FILE FILE…
Chasemdlsettlement has a clause in it to shut up. I am laying low till I see what the settlement offers us. A payout is worth more than the truth unfortunately and maybe a lot of shut up with a payout
It’s a sad shame, but we need a roof over our head
Bobbi Swann
April 30, 2014 at 6:08 PM
Are you really thinking that there’s going to be a LOT of payout on this settlement? You are kidding yourself and living in fairyland. Even the National Mortgage Settlement only paid out the highest $1000 and the one with the settlement agent was, what, $300. Dream on. Those payouts were a slap in the face but my dignity and self worth has a higher price tag than a measly $1000 and this settlement is not nearly the size of the national settlement. Chase is being levied FINES and those fines are being paid to the gov’t. I highly doubt with those of us as bottom-feeders will receive more than a pittance. You should be able to acquire a dog house for that price (literally),
Well david, I am not sue what the outcome will be from the chasemdlsettlement but reneging on a contract was certainly just one of the things that they have been accused of. yes it it true they never had any intentions of recording the modifications. That is obvious by their crooked actions. My case is not like yours. I have always had one acct # and there is no evidence that Chase ever sold my loan to anyone. They were the original lender and there was never an assignment recorded so I maintain they are the owner and servicer of my loan until I see their fraudulent note and endorsements of that note which I cant wait to see. The class action was formed for a lot of the “mistakes” they were making and we all know they were doing what they were doing on purpose. They never had any intentions of honoring these modifications ever how they went about it. I am sure they are going to try to get around making good on all the people they screwed and are part of this mdl settlement. That remains to be seen. In the meantime, I am sorry for what you have been through and continue to go thru with Chase as we all are feeling the same pain and frustration. I don’t really care about their purchase of WAMU and how they wrote off everything. We will really never know the complete story on that. What we need to focus on here is what we all do have in common and try to build from that. I consolidated a wamu loan with chase before chase ever bought WAMU, but I sure they were contemplating it at the time I refied. Any bad debt that belonged to WAMU ( and I was never in default with WAMU), Im sure was extinguished somehow. I wish us all good luck and hope we accomplish what it is we are looking for. Good day!
call Lori at the MN AG’s Office….I just did. She will hold Matthew Potter’s (pres of rust) well healed feet to the fire….or I will hold their State Accounable….failure to investigate is:is a crime….I know…I know…but ‘theeeeey’ always did it like this….
folks…That Was Then…This is Now….our now….our time. Matthew’s on the potter right now….wincing…..can’t go…scared….someone’s smashing down the door….talking about connections to Chinese Banking Families…..holy robo-signature batman….the people actually got this tiger by its tail….this American Bankster’s folly….come to the feast…help eat the beast…never again….’conslutants’….break it down…con+slut+ants…
fraud / for money / small (dark nrg)and plural….
class dismissed….oh…ps…metlife chose court…fine….more for me…in time…for us…us:us.
buy the ticket…take the ride….and buy the soundtrack to Lawless….the movie….play it while you read this website…..then put some more wood on the fire…in your own way….more wood behind the arrow. …..so to speak…so speak (up)….oh p.s.s. there is no up…no them…no then…only us…here…now.
1♡….2 wings…..1 bird….fly.
I’ll send you an invite to site where we can exchange files and have more discussion and collaboration. I want to test out the file functions first and see if we can lay out some key ideas before we open the flood gates (we hope!) Can make profiles, posts etc private and we can add more functions as we go.
In my 42.5 yrs on Earth…this time round…nanernanernaner…I have found there to be two types of people in the world…nancy kerrigan (s) and tanya harding (s)…David is of the former if this makes sense….I use the ladies as duality ref ONLY…truly you have to choose…as the story goes…David is humble. ..he would never announce his brillance…so I just did….
I spoke to him the other day and his background and technical expertise litterally blew my mind….listen to this man….I sure did.
I placed a $3,000,000 final settlement Offer for fraud committed against me….personally..my County, ‘ADA’ in the State of Idaho. I made this offer to Mr. Steve Kandarian, CEO MetLife Inc. NY/NY.
I have filed my police report as required by State and Federal Law(s). I have to report ALL crime to local…state…regional..federal law enforcement. …my duty as an American..so I do. For me…for you.
I was the early whistle blower on MetLife….to Feds…..they H8 me.
If we go to trial….im seeking $33,000,000 usd….x 3 for punis….7th yr….seven years of battleax battling and well….the offer is on the table….your move snoopy….
oh and I hereby nominate the honorable david as CAPTAIN of this …our new age vessel of force….(tbone hands dave purple heart w red to blue seven and cross star and stars to david)….for valor…for integrity. …for 2014 ‘leadership’….for this to work…we need ALL to consider ‘second-ing’ the motion……. thank you david….no joke…prepare for settlement…stand by for update…..steve is crapping his 88th floor britches…
My experience is Congress, elected officials are passing the buck. Otherwise they’re against bailing us out since we’re “deadbeats” while they bail out the banks in the name of “freedom”.
I have questioned why no one from Chase signs their responses from CFPB or QWR’s. I’ve raised this to question the single point of contact and if they are knowledgeable about my case as required. That’s how we connect the dots based on fact as Garfield or 4closurefraud posts and Tom are saying. It seems alot of cases are lost not because of a coverup but because the plaintiff didn’t present facts! There have even been cases where the judge has told the plaintiff’s lawyer how they ignored the facts.
I’m frustrated I’m still in limbo and CFPB claims they are looking into broken laws but can’t do anything while it looks like by filing complaints I’ve stopped sales including last week.
If there’s a coverup we have to show we are being ignored and being denied our rights and the relief that’s already out there. We need to continue making complaints and make our own public case like we’ve talked about as a group. If you or I do it alone they will always say it was a mistake and pat us in the head or make a big show out of stopping a sale like so called advocate groups do.
I have all my correspondence and plan on using it and if it will help all of us, just let me know and I will get it to you or whoever needs to see it to show just how corrupt these lenders r.
If you have them in pdf form would be good. You could edit pdf’s with GIMP if you don’t have pdf editor to x out any sensitive info. I’ll shoot to have a place to send by Friday.
I think they extinguished the WAMU portion of the loan and are still trying to make me pay it. my mortgage was recorded but not the note. Since I am part of the Chasemdlsettlement, I am hoping that they will be forced to honor the first modification they gave me and they had wrote off a huge portion of the principal and I suspect because of the part of the debt that I consolidated into chase from Wamu, they had already wrote off or paid with TARP.
@lms53 – Promissory notes are never recorded. A note is the instrument by which you have agreed to pay and the mortgage (or in some cases Deed of Trust) are the only instruments which are filed because they are the collateral for wich you have agreed to encumber as part of your ‘promise’ to pay. That’s why they call it ‘secured’ otherwise without the mortgage secured against the note, the loan becomes unsecured. In that fact, foreclosure action is not possible against an unsecured note and if in default of that type of situation would only be a lawsuit to recover monies – totally different animal than foreclosure. If a situation where the TARP funds were used to pay off mortgages you would have received not only notification by mail (which was required) but also a recorded satisfaction of mortgage. That satisfaction would be reflective within the county records.
I do not agree with lms53. Chase is lying to everyone allegedly saying they transferred the WAMU servicing and bear stearns servicing in a simple mortgage servicing rights transfer. like you they are making me continue to pay on a new loan which my attorney characterized as a unilateral loan with higher interest rates and new loan terms including a balloon payment in 2037 for $ 313,000. the only place you can see what chase is doing to others is chasesux.com not sure of the exact spelling.
title 12 of the united states code says a loan transfer including msr transfers must be the same both before and after the transfer. no changes allowed
because chase is lying allegedly about the extinguishment and saying it is just a simple transfer in your case with wamu and my case with bear stearns is that gets them out of one not having to record the extinguishment at the courthouse and the creation of anew loan without your permission which is illegal. and two it gets them out of having to pay for the other 2 million loans that were modified from bear stearns plus wamu loans and having to pay for it. TARP money was definitely used to extinguish these loans and the chasemdlsettlement.com screwed up their plan. plus I sued them for mortgage discrimination and predatory lending under 49 usc 24 cfr title VIII fair housing act . all of chase’s acts are discriminatory and they are allegedly violating so many federal laws and states laws it is beyond comprehension.
so lms53 characterization is wrong flat out wrong. he calls he mdl settlement a breach of contract suit. that is not what it was filed as originally here in Yakima wa for a claim under the federal fair debt collection practices act for fraud and extortion for modifications and stealing peoples homes the original plaintiff in Yakima was a lady who had her house dual tracked after asking for a loan mod.
highly probable that with this new loan mod from the settlement you still have to pass the net present value model per federal reserve regs and no one passes it.
so that means you will be dual tracked and take your payments put in suspense accounts like before and then foreclosed while chase puts you on the phone with 50 of their corrupt employees who suffer from pathological lying to customers like you and I .
so again lms53 is wrong wrong and more wrong.
the original lawsuit for amonetary claim was changed by the federal judiciary
mdl committee out of the federal district court in new York and that claim went away and we all got screwed and the attorneys did not appeal that.
they get $ 10million dollars and we get nothing.
chase and kellerohrbach.com refuse to put me in the lawsuit for my mod on my emc chase mortgage for first and second mtgs in 2008 saying i got a final mod. a final mod has to be signed by a corporate officer and chase never signed mine and tried to manufacture a default three times. they are still trying to do that.
so chase is lying to get out of having to record the new loans with no disclosure which is all a felony in my view. and we have yet to discuss hew derivative hedge bets taken out by chase on all of your loans that when they cash in those bets they make up to 43 times the face value of the mortgage. that is what is driving their behavior.
and all of it is illegal and the ACLU is suing the banks for discriminatory securtization of these predatory loans out of their office in new York city. I talked to the lead attorney there.
Great info Bobbi we can use to cross check. But again we have to untangle the web. Good knot to start from. I always mix up Deed with Note as to recording. Actual requirements vary by state. Another part of this that is used to mix us up is when they claim Deed follows the Note which was never real clear on how it’s applied. From what I read it may vary by state. Coming full circle to basics that Note becomes unsecured if Deed separated. Again just my layman’s understanding.
Bobbi Swann
April 30, 2014 at 10:26 AM
@ David – Your are absolutely correct about the transfer of servicing and you are also correct about modifications. This is the very reason why I am so strongly against modifications. They are just another ‘set up’ for the borrower to fail. I know of no modification that has lasted beyond 12 months, if even that long. Their intent is to never apply those payments but hold them in suspense accounts and all the while they lie in wait to pounce back into the foreclosure scene. Mortgage modifications, if done properly and legally, are to be recorded of public records. Since they are never signed by any authorized person at the lender, they are never recorded.
@ hammertime – the (promissory) note and the mortgage or deed of trust (depending on what your state statutes require) are supposed to follow each other. It has always been the ‘note follows the mortgage’ however it has been challenged in many cases and there is definitely a conflict within the UCC Code as to whether a note is considered a negotiable instrument or not. It is confusing for those states where there is a Mortgage Trust but in all transactions the seller conveys the property to the buyer via a Deed, which is recorded and returned to the buyer. A lender is never to have an original recorded Deed. On the same side with financing, you will have the “Note” and “Mortgage” or “Deed of Trust”. The promissory note is not recorded but the Mortgage must. Unfortunately, in those states that use a Deed of Trust the rules are very much different when it comes to foreclosures. My opinion is that non-judicial (where the Deed of Trust is used) is wrong, wrong, wrong! For the rest of us in Judicial states, there is a constant battle to change it. Just another fist to exert control!
hammertime
May 1, 2014 at 5:34 PM
The other part of this is they cannot be separated but the “following” is used to fudge things up? Before all this non judicial was seen as not allowing due process.
I complained numerous times to both the consumer protection agency and the office of thrift supervision and all I got were letters and chases responses which were lies. I even appealed and never heard back. One big cover up.
But now you should have documentation in hand that shows the lies. See my response below on WaMu part. If they weren’t satisfactory complain again and use the exact verbs and requirements from the settlements. From my responses I have direct evidence. I believe my case reveals many of the contradictions and I’m going to shoot to get it out there. Hopefully we can have strength in numbers. Involve your local officials as well even if they don’t seem supportive. I’m working on a way to use the settlement approach that we can tie in to what Tom’s doing.
Found the copy of the foreclosure manual from Wells Fargo…they attempted to have it with held from a Bankruptcy case and the Judge said NO…it will be entered as evidence of the illegal process to forge whatever documents they needed! This should put a friggin nail in their coffin…read it all if you are fighting Wells…very interesting!
Should be used for Settlement(CFPB) and state Homeowner Bill of Rights complaints. There should be a tidal wave of complaints sent on “unreliable evidence” that can possibly go to invalid foreclosure documents filed or broken chain of title.
in relation to http://www.chasemdlsettlement.com, chase used trap money to payoff the bear stearns loans including mine so they allegedly didn’t have to tell the judge about the other two million modifications done to first and second mortgages. in other words they extinguished their existence.
and then under the fake veil of transferring mortgage servicing rights they in my case created a new loan with higher interest rates and loan terms including a balloon payment in my case. and they are not complying with the promissory note either and so far allegedly stolen over $50,000 od my mortgage payments and escrow funds under loss mitigation for loans I never even applied for.
the old loan is reported t o the credit bureau is paid off.
so now I don’t have a loan but am still paying them.
regards
David
my challenge is to verify that tarp funds were used to extinguish the loans
and the new York ag is suing chase bear stearns trusts again on behalf of the investors.
That should be a huge no-no to change terms while claiming simple transfer. This is where you not only have to follow the money but have to track where the breaks in the chain are. Have your complaints laid out exactly where your documents don’t match what they claim? Don’t mean to be too basic but thinking in terms of forensics. In my case alot starts happening in Sept ’08 when the WaMu “sale” went through even though “my WaMu loan” had been paid off since ’04. I’ve never left it to this “coincidence” though and over time got the evidence I believe makes my case. Like with you though lawyers, officials even family don’t want to believe their lying eyes.With your case, my case and all the others that have been active on here we have a strong set that shows the fraud, extortion and everything else if we can bring it together.
You all realize that the more uncovering of misconduct is documented, the better the chance of getting a foreclosure – pending or already finalized – tossed out.
To show you just HOW complicit regulators have been in the fraud, it has now been discovered that the Office of Comptroller of the Currency and the Federal Reserve overlooked massive numbers of errors in banks foreclosure files. The consulting firm Promontory Financial Group found far more errors in banks’ foreclosure files than regulators.
Rep. Elijah Cummings, D-Md., usually an apologist for bank misconduct, wants to know why.
Knowing Rep Cummings, I would not be surprised if he blamed Promontory, the investigative firm, for the difference, but he is up for re-election, so this time he might propose or support action holding the REGULATORS – long overlooked as being in on the fraud – to new, higher standards and disciplining some of the industry insiders who run them, instead of protecting them, which he and others in Congress have been doing.
The OCC was faulted for their handling of complaints in ’08/’09 as well. We should also have him look into the unlawful acts that were admitted by the Independent Foreclosure Review that Sen Elizabeth Warren asked for. Sen Warren is speaking out against the administration and the GOP in Congress with her new book. At least a couple of potential allies.
That’s how I got involved with chase. Consolidated a arm wamu loan with chase in 06, but it was before chase bought wamu. I am sure they wrote off wamu’s liabilities
@ Lms52 Loans on the books from a failed institution are never written off. Those mortgages are considered ‘assets’ and were sold to JP Morgan Chase for about 1.9billion, Their liabilities as you referred in your post would be advances from the treasury and other debts like lease payments on properties that housed WAMU. At any rate, any existing mortgage with WAMU then was transferred to JP Morgan Chase.
Ok now this is good, let’s break this down since this could be the key to blowing up one of the big lies of it’s how things were done and we should just accept what they say. If you made a “new” loan with Chase in ’06 it is NOT a WaMu loan! But this is where I believe it gets twisted. They manipulate the fact that it wasn’t a “new” loan because THEY failed to actually go through a transaction or properly record the Note etc to include non WaMu loans in the sale that should not have been included if what I’m seeing in my case and yours bears out. This is another version of what David is saying I believe with TARP. If I’m understanding you correctly your loan just like mine should not have been considered a WaMu loan and they should not have claimed it as part of the sale. So there are two basic arguments in these types of cases, first that the sale and/or TARP actions extinguished or there was payment made to the balance and the loan was changed and the “new” lender is enriching themselves or second that there’s a broken chain of title and they are either in error claiming the disputed loan to be a WaMu loan or possibly fraudulently took the Note or benefited by claiming it was a WaMu loan when it wasn’t. Hope this makes sense but probably won’t since it’s based on the fraud and deceit they created unless you make the distinctions and I’m in brainstorm mode!
Couple of interesting cases that show we are dealing with the manipulation of our laws and legal system at every level.
From the DOJ case filed by Better Markets, Inc regarding Chase’s own possible fraud rather than blaming Bear Stearns, WaMu:
“In preparation for the news conference, the U.S. Attorney for Sacramento, Mr. Benjamin Wagner, flew to Washington D.C. on or about September 23, 2013, with at least two large charts detailing JP Morgan Chase’s illegal conduct. U.S. Attorney Wagner had amassed nationwide evidence of fraudulent activity by JP Morgan Chase itself, apart from the conduct of either Bear Stearns or Washington Mutual. Further, the DOJ had the benefit of detailed information from at least one employee inside the bank, a whistleblower, who was assisting prosecutors. The DOJ planned to display those charts during the news conference as part of the presentation of the lawsuit describing JP Morgan Chase’s illegal conduct.”
The settlement didn’t allow this info to be presented in court is being alleged along with strong separation of powers, Constitutional issues.
From class action filed that was dismissed it looks like due to jurisdiction conflict? with national mortgage settlement, http://chasehomefinancesux.com/?p=3104
“Bakenie further claims that Chase’s “pattern and practice of playing ‘hide-and-seek’ with debtors, judges and other bankruptcy players” resulted in the bank securing motions for relief of stay and proofs of claim in 95 percent of its cases. According to the lawsuit, an extensive network of attorneys working for Chase filed more than 7,000 motions for relief from automatic stay in bankruptcy cases in the Central District of California, “wherein they falsely claim to be the party entitled to monies due under the terms of MLNs.” The lawsuit also claims that Chase rewards attorneys based on how quickly they can secure the stays, and uses fabricated documents to establish chain of title on loans.
Essentially, the lawsuit claims, “Rather than incur the cost of ‘proving up’ its own standing or the standing of its principal Mortgage Backed Security Trust, Chase systemically misrepresents Chase or a designated MBST to be a creditor in tens of thousands of bankruptcy cases by utilizing manufactured documents. “
The lawsuit also claims “That said practice allows Chase to dump defaulted loans that were never properly securitized by Washington Mutual (WAMU) and other originators acquired by Chase into private mortgage backed security trusts by creating the illusion of a valid transfer. Said practice shifts the liability of defaulted loans not properly securitized by WAMU, from Chase to private mortgage backed security trusts. The practice allows Chase to effectively mitigate the millions of dollars in liability of the WAMU acquisition, where WAMU failed to transfer MLNs of its portfolio before its demise. Said practice shifts losses from WAMU to MBST bond investors.”
This could be strong support for our individual cases or a group case and for us to continue ot make complaints at local level as well. A local agency in PA had demanded a copy of the complaint the DOJ was to file but Chase settled with them.
The entire thread is there but you will have to click on ‘older comments’ to bring them up otherwise it would be pages and pages long. I’m sure the design of the site is meant to be streamlined but does allow you to pull up the older comments.
still here http://www.bills.com/chase-home-finance-lender-profile/
Under Chase Mortgage possibly. Interesting they give them 4.5 rating while there’s over 100 with 1. Again in group form we can ask them to tell us how that works! “Knowledgeable Customer Service”?!
Another good quote from CNBC story on consumerist, second try
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no f’ing clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?”” edited
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no fucking clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?””
@ Hammertime and all others, please bear in mind that this segment ran back in September 2013. Since then, the Chase settlement has been made and Dimon is still at the helm. Little good this news did and Maria, by the way, moved to FoxNews (YIKES!) the following month in late October or early November 2013. Maybe she was forced to take that stance on MSNBC’s policies….FOX certainly does not!
hammertime
April 28, 2014 at 4:02 PM
Looks like there was a full court press to give Dimon free pass. I’m surprised she moved but I think she still has Sunday show? Musical chairs. I’d been pretty disgusted with cable news, any news but good to see how it all came together. The DOJ lawsuit hopefully will gain traction and we can get the attention focused through complaints and group effort.
hello
what chase did in that lawsuit allegedly since they or kellerohrbach.com wont let me I nthe law suit is extinguish all the bear stearns loans in the trusts with TARP Money and then created newloan numbers with in my case higher interest rates and balloon payments ie predatory loans and didn’t give a dime to the investors. the investors are suing chase again via the new yor kag for cheating the investors again.
the bottom line anyone with a bear stearns loan has no loan it was extinguished. anything that chase is sending you with a 102 account number not the 002 account number is a fraud. in my case with that payoff I have no loan no nothing and they are trying to extort me for more money for aloan that they created unilaterally calling it a mortgage servicing transfer . you cant transfer a loan that was extinguished.
Bobbi r u part of the chasemdlsettlement. Class action. Because if they r transferring the servicing of ur loan and u r part of the settlement, u will be automatically opted out which I would not be surprised for chase to pull a stunt like that since this class Action is about breached contracts, the oldest law of the land??? They r going to have to make good on this one!! It has nothing to do with all their other fraud. What can they do when you have your customer string to pay in “good faith”. And they reneg on the contract????
@ Lms53 – I don’t believe I would be part of that settlement, at least as to how I read it. It appears to only be pertinent to those that Chase made a modification and/or changed the documents somehow in that transition. I would NEVER accept a modification from them and besides the only thing they ever offered me was Cash to go away….their last and final offer in December 2013 for $25K for me to sign over the property on a deed in lieu of foreclosure. Told them to basicaly KMA! I did send the agreement to my attorney to review for my case but he has not yet got back to me. Aside from that Chase supposedly sold my mortgage to PennyMac sometime in October, so way before this agreement was finanlized. Not sure if selling my mortgage was a scheme to rid me of the settlement or not, but my attorney has already told me that selling it was bad news for them anyway….My attorney just filed another Motion to Dismiss on additional defenses after the one that I filed pro se was rejected by another judge. That particular judge BTW was moved to another court in another county because of so many complaints of his bias. He needed to be removed from office not sent to another county where he could continue his same bias nature. This is exactly why I feel so strongly about how judges are set on the bench here in FL and how they come to get their job. Not necessarily by election (which is 6 yr term) but also by our illustrious governor Scott on a nomination to the nominating committee. Just another Good Ole Boy tactic.
Our complaints should be sent to u.s, senate banking
Committee us ag eric holder
The us cfpb says there are only a few hundred complaints
Against chase but i suspect some chase allies in that agency
Are burying complaints by sending them to the federal trade
Commmision
katu new channel 2 in Portland Oregon has been briefed slightly about what we are all dealing with. . katu on your side to get them to expose what chase is doing to vets on a daily basis. the feds fined them for defrauding vets on their mortgage loans and also violating the service members civi l relief act a law that was created in WW I .
best regards
David
my service is Chase Home Finance.
I have a inside man banker that tells me what we need is publicity and utube videos and twitter campaign and a breakthrough in mainstream media like abby marting on http://www.rt.com on dish tv
or Rachel maddow on msnbc or other mainstream media to break the story and start reporting to the American people on a regular basis about these banks who are suppressing the news .
I guess that all of you know about derivative hedge bets on your mortgage servicing rights by chase and other banks that put up to 43 times the face value of your mortgage profit if chase for example forecloses on your house. my opinion those hedge bets are all part of a massive Ponzi pyramid scam much bigger than Bernie Madoff
a nother vet just filed with the new York bankruptCy judge I nthe largest bankruptcy case In us history where the owner of bershire Hathaway is trying to buy $ 400 billion of mortgages in MBS securities for $ 4 billion doLLARS AND TAKE ALLEGEDLY EVERYONE’S HO– USE.
WE NEED T O UNDERSTAND THIS ECONOMICS BEHIND THE BANKS BEHAVIOR IN MY OPINION.
THAT VET HAS STARTED A SHIT STORM IN US FEDERA L BANKRUPTCY COUR T IN NEW YORK ABOUT AL LTHE CORRUPTION.
Thanks to you for sticking with it and your service. Lots of good info. Chase Mortgage seems to refer to Chase Home Finance in my case as well. Don’t believe Chase Home Finance is used any more. May have gone conveniently bk.
Interesting info coming up. Lots of complaints on bills.com and other consumer sites. We are not alone!
Possible allies. May need to be careful with CNBC. Bartiromo seen as a cheerleader for Dimon:
“Before even getting to the debate over whether Dimon should remain as CEO, co-host Maria Bartiromo showed exactly where her loyalties lie, declaring, “JP Morgan remains one of the best, if not the best performing major bank in the world today.”
On hand to make the case for Dimon to hit the bricks was Salon’s Alex Pareene, who argued that, “If you managed a restaurant, and it got the biggest health department fine in the history of restaurants, no one would say ‘Yeah, but the restaurant’s making a lot of money. There’s only a little bit of poison in the food.’””
from consumerist.com
Bobbi Swann
April 27, 2014 at 12:37 PM
@ Hammertime – my case is with Chase as well but just to let you know Chase Home Fiance was merged into JP Morgan Chase in May of 2010 I believe.My own case has a mix of Chase Home Finance, JP Morgan Chase as well as Chase Bank, N.A. More recently they sold my mortgage (after being in foreclosure since ’07) to Penny Mac who suddenly now appears as the Plaintiff. I am now never amazed at what I read about the whole “Chase” family. The left hand never knows what the right hand is doing. The firm representing them is the old David Sterns group but changed their name as if that cured the problem of all the fraud for which he was disbarred! The legal system here is so convoluted that I feel as if I’m living in the old USSR.
@Bobbi – thanks for the info. I recall CHF was being called the servicer until 2011/2012 and then JPMorgan started calling themselves the servicer while claiming to be a new investor on the loan they purportedly originated as Chase Bank USA NA. I completely agree that it’s as though they are in chaos with their completely contradictory information. It seems in my case and overall now it’s willfull harm being done and fraud since info since settlements, bill of rights isn’t “fixed” as claimed. Do any of you have Chase Bank USA as the “lender” on your Note?
@ David FB I’ll email the station. I have specifics in my experience that back up what you’re saying. One thing that stuck out was the mention of Chase Mortgage. It’s what it shows on my closing where the payoff of my refi went to. It would be good to see which Chase they are referring to in your case. Chase Bank, JP Morgan, Chase Home or whatever part of their shell game. I bought time on sale but City is refusing to release funds I was depending on. Will be another week of dancing with the devil but let’s see what we can do to form this group and shoot to get out a press release and start a campaign for David and whoever needs it.
I just spoke w Mr. Bradshaw….I did the talking/barking. I think you should try reaching out to him once more……I strongly back your sufferage and want the truth told….your truth…our story. He listened….he gets it now….if I can’t help you….then well…god help us all. I have HOPE and you should too…..by the way….I made my final direct offer to Steve Kandarian, c uh-oh of MetLife…balls in his court now….will let you know how it goes….DBSI Fraud case in Boise Idaho is president-setting…..tide shift….ride it in….
I also plan on settling w Rust Consulting….for fraud….Matt Potter shall be named in my suit…for spending all the bank money/restitution funds ON THEMSELVES…..fraud on top of fraud….layered effect…..eh? Please give Nick another chance and CALL me if you get your story on air….when…not if…..
1.208.703.9525
Thank you for your sacrifice….we made it to the light…JIT! Never give up…never..never..ever.
@godspeed / 777
Cpwb
Trevor David Hitchin Kaufman
‘Trev’
Good blog post about this guy’s dream to jail MERS folks” to go along with yesterday’s blind men and the elephant MERS business model, partial…
“MERSCORP just tried the same stunt in California in the Robinson case, asking the judge in the alternative to declare the California quiet title statutes to be unconstitutional. Let’s talk about MERS’s vague and ambiguous language as portrayed in MERS-originated deeds of trusts and mortgages, shall we? Two paragraphs in a mortgage with no specific definitions leave a lot to the imagination … the imagination of MERSCORP’s bored of directors (not a misprint). These guys start up a private company and create an “off-the-books” recording system.”
“At the same time, the investors who really funded their loans just watched their money go away due to a bad investment, all the while the lenders continue to save money screwing the counties out of recording fees that MERS claims it doesn’t owe. Gee, what a wonderful situation America is in, all because a private corporation is allowed to insert itself (hook, or by crook) as a “national book entry system” so it can operate “off book”.
That was the part of my dream that got ugly. I watched a grand jury being empaneled to investigate MERS and MERSCORP. I watched Beckmann, Horstcamp, Hultman and Arnold do the “perp walk”. They were playing Mancini’s “Baby Elephant Walk” in the background as the four danced down the hallway from the courtroom in front of the cameras. Personally, while it left me smiling, I was disturbed by my cat who decided that I should wake up by pawing me on the shoulder. And here I thought it was the bailiff calling me into to testify before the grand jury.
Is this a sign of things to come? I hope so. America needs justice and the four foregoing individuals seriously need a 6 X 8 with 3 hots and a cot. I say, let’s indict them (since we can’t win civilly) on RICO! Whaddya say? Since the feds won’t do it … let’s get county grand juries to do it!
Hey, IT WAS MY DREAM!
I say … hang the bastards. Wait a minute, my feet are on the floor now, headed for my computer to type up my latest subconscious exploits. This is making American history folks. Martin Luther King, Jr. had a dream and he told everyone what it was. I probably won’t have a boulevard named after me, but I probably will be considered a big hemorrhoid on Billy’s behind! Aren’t dreams wonderful … even if they are a little distorted?
Bravo PaPa……kick HARD where it hurts….then kick em again…again….then again….kick em to the curb……then spit on them for molesting The American Dream…… never again.
I have daily fantasies about taking cakes to prison…..id start w Tony Francis…..the vp who strung me out on his word for 11 months….and 135 phone calls….FY Tony….I never forget a robbery. Fight club…….lost to a greasy bankster???? Well then….you HAVE to fight…. -Tyler…
Article from American Free Press dated 4/21 entitled Foreclosed Homeowner Beats Big Banks a start. Washington state judge George Bowden appears to be tired of the banks bs. Let’s hope this ruling starts the ball moving for some with same circumstances.
Tricia
April 24, 2014 at 5:35 PM
Try looking up some of the other cases for Attorney Scott Stafne, who was the attorney for the homeowner in the above case you mentioned. He has been making some headway in getting judges to listen. Recently saw an article about trying to get Stafne to become a judge.
If you study how and why all of us that are stuck in this these foreclosure frauds you will come to the conclusion William p Foley of Fidelity Nation Title and their subsidiaries is the orchestrate r and facilitator between all the fraud, fraudulent documents, the Court, judges, County Clerks and Banks.and lawyers.
Another thing that stuck out was how posters are using the banksters language. “Free and clear” and we “have to pay” are what the banks have used to shame us into staying quiet. First of all they may be getting off easy in most cases if they released their claims to our homes! Especially at the low point. Most law states that a lost home is a matter of irreparable harm. All that language did was moralize the issue so WE wouldn’t be bailed out, supposedly at our neighbor’s or the person with good credit’s expense although the banks got away with TRillions! Classic divide and conquer and we’re still falling for it! It’s also how they made sure we didn’t “benefit” from any aid since we were the dummies who made the bad loans! So we need to be smart individually and as a group, and think in terms of negotiating from the FACTS of the law and our RIGHTS.
In CA if there is fraud from what I recall the penalty is 3x the principal! So on a $500,000 principal it would be $1.5 million!
And we were given $300 to $2,000 to make us whole? We can also use the settlement’s own framework where we were supposed to be compensated for equity lost.
Does that mean we should fight to the death? No, unless they keep being the arrogant bastards they were with the MERS issue and our senior vets that made it possible for us to have a middle class. But rolling over and wringing our hands instead of using the facts and the tools that are there is a cop out.
Let’s see if this works as I tried to post and it was under moderation. Due to links?
Would have gone well with David’s case.
Been out of commission but will be catching up. Two oldies (cases) I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
Mike Stuckey report on msnbc.com
Ray Vargas losing home after wife needed care and passed away. IN 2009!
“Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party. Ultimately, he wound up in foreclosure proceedings. And, finally, bankruptcy court.”
Google for complete story if other post doesn’t come up.
Other story on MERS an illegal business model. New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal story on Huffington Post
@ David Franklin following before your posts. Looks like you’ve done alot and you’re hitting the brick wall like alot of us. It sounds like we really do need a group effort that comes from us as a group like Tom and I have said. I think we need to break down what you’ve experienced and put together various campaigns, petitions and letter writing where they’ll see we are watching and we’re all across the country and taking action.
We need to get coordinated though. I’m getting over my latest run around dance but I’d like to take a crack at reviewing your story from national settlement/CFPB angle. I know you’ve tried and so have I individually but I have a group approach in mind.
Your case also has the judge/court issues Tom has expertise in.
You and LMS have overlap on the specific class action.
Those are 3 areas at least we can break down as a group.
From previous post:
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Do you have a sale or any deadline looming?
the California station is scvnews.com please contact them as well. I talked to the news editor. nice person but they refused to do it as well . they are located in santa clarita ca near LA and are a community tv station that did the story on the vet’s house taken by chase and not notified about the settlement.
his story is on their website. we all need more publicity and social media exposure to the young people and the rick people as well.
dear mr bradshaw of katu channel 2 new on your side in Portland Oregon.
per your request here is what is going on.
I am a permanent and total 68 year years old 100 percent disabled veteran by the U.S. Veterans Admin. and have been since 1994. and was disabled by the SSA before that back to 1990. I am Cold WAR Vietnam ERA navy veteran
my mortgage servicer has been trying to foreclose on my house since 2008 here in Vancouver WA by manufacturing defaults and putting over $ 20,000 dollars in unapplied suspense accounts and then writing me letters that I am in default which I am not . I am actually according to the servicer of my mortgage four payments ahead. I am not in bankruptcy modification not behind or late ever. in Feb 2013 after reversing 8 of my mortgage payments back to june 2012, the servicer, Chase Mortgage gave me notice online that I must pay the payments again for over $ 13,176.00.
I have been to the Washington AG David Huey and perin
in feb 2013 all of the above I have documents to show you if you want them from the servicer showing these now allegedly confiscated payments while I am trying to live on a disability pension from the VA .
there is well over 50,000 dollars missing or unaccounted for no mortgage statements and multiple attempts to manufacture a default on my mortgage. when I got to the servicer they just dismiss my complaints and continue to allegedly steal my money
this is happening to other disabled veterans that I know about as well and in one case the servicer’s employees blew the whistle on them targeting veterans and were fined 60 million dollars by the federal government
every day as a disabled veteran I live with the fear of being thrown out of my home and I just keeping sending my payments and they disappear and that includes my escrow funds as well.
attached is a letter that I have drafted to us. attorney general eric holder.
yes I have gone to the attorney general of Oregon and Washington state as well and new York attorney general as well eric schneiderman.
best regards
David B.
this is the text of email to him at katu tv 2 in Portland Oregon.KATU ON YOUR SIDE
Bobbi Swann
April 25, 2014 at 7:13 PM
David FB – want media coverage? Take your story and put it in a video and then upload it to UTube. Tell it straight and concise but with power and heart! UTube is picked up by ALL the media stations and it’s a great way to get your story out to outside of your normal airing station! GoodLuck!
Trevor David Hitchin Kaufman
April 25, 2014 at 8:44 PM
David….see my reply at top. Hope you see it. Fingers crossed the ‘nudge’ will get it going after all. Gloves are off.
Agrees
However chase n their attorneys are keeping two
Million from getting a hamp and you have to pass by federal
Reserve regs the net present value model
Most people dont pass and get dual tracked and forclosed on
Anyway
The settlement is a trojan horse to steal your house and chase
Cashes in on the derivative hedge bet which puts up to
43 times the face value of your mortgage in their pockets
Be careful
That judge is allegedly bad news
The best thing to do is sue the law firms and screw the settlement
They wont even let me be in it cause they know I willl blow the whistle
March 7, 2014
Ms. Felice P. Congalton
Associate Director
WSBA
Office of Disciplinary Counsel
1325 4th Avenue, Suite 600
Seattle, WA. 98101-2539
Dear Ms. Congalton:
I am in receipt of your letter to me today about my complaint file NUMBER 14-00339
To say the least, the representations made by Ms. Cappio and Ms. Obrist attorneys are a fabrication by omission or perhaps a better word and unethical evasion of the truth based on the following facts.
1. The original case filed by Ms. Obrist and her firm in Seattle was filed in Yakima WA. As a Federal Fair Debt Collection Practices Act NOT an MDL case. I request that you get a copy of all those complaints including the supplemental complaints where Ms. Obrist and Ms. Cappio clearly state that the number of members in the class including myself were over 500,000 fraudulent modifications made by emc chase which are included in the Judge’s order for mine as well for NOH HAMP Modifications(see Judge Stearn’s order for NON HAMP mods to be included. Chase uses the term in house mods prior to Obama’s election that are covered by the order and did not have a TPP. That number is based on the Federal Trade Commmission case against EMC chase for which a $ 25 million settlement was obtained by the government for the homeowners that emc chase defrauded. It was a consent judgment by EMC CHASE. One of my friends got a check from that settlement after Chase stole his house allegedly in Texas. That complaint and settlement are readily available on the Internet via Google. I have a copy of that complaint.
2. I told Ms. OBRIST TO CHANGE HER ORIGINAL FILINGS IN THE COURT ABOVE BECA– USE SHE DID NOT STATE A CLAIM. TOM HOYER AND ASSOCIATES IN TAMPA, FLA MADE THE SAME MISTAKE AGAINST CHASE. AND THE FEDERAL JUDGE TOSSED THE CASE FOR FAILURE TO STATE THE CLAIM.
3. I SHOULD NOT HAVE TO COUNSEL AN ATTORNEY WHO DID NOT KNOW WHAT SHE WAS DOING.
4. She does not know Title 12 U.S. Banking Federal Law like I have been trained by the U.S. Treasury Deparment Office of the Comptroller of the Currency to be a qualified forensic examiner for predatory lending practices including emc predatory practices and chase’s current practices. May I remind the WSBA that Chase has been fined $ 13.5 Billion dollars by the U.S. Attorney General Eric Holder and is on two year criminal probation at the present time. One more according to the memo to the U.S. Justice Dept time of criminal misconduct by Chase and they by federal law are out of business and Keller Rohrbach may not get a dime of their court ordered payment of $ 10 million.
5. I delivered the evidence to Ms. Obrist and Ms. Cappio by certified mail return receipt which their staff signed for and they refused to acknowledge per my request three times the receipt of that evidence. U.S. Federal Banking Law prohibits transfer of loans and changing account numbers from April 2011 to October, 2011 where the loan terms and interest rates are changed. The loans must be the same before and after the transfer.
6. Ms. Obrist ignored that fact I told her about 25 times. The point here is that chase is covering up all those old loans numbers that they changed in violation of u.s. code Title 12. Mine was one of those and I have all the proof of that and all the old loan numbers of which there over 2 million for first and second trusts that were also modified and covered by judge stearns order.
7. Any lawyer of any salt knows that the duty and responsibility to inform the federal judge of this cover up by chase is an obstruction of justice and contempt of a federal court order by Judge Stearns. More importantly I read an article about a marine corps veteran who in santa clarita near Los Angeles had his home taken by chase and he did not know about this settlement and did not get notified by chase or kellerohrbach as he and I should have been.
8. This is a coverup of massive proportions that could cost chase billions in mod costs. They have 40 billion in TARP money remaining and that is taxpayer money and it is being used to give kellerohrbach their court awarded fee.
9. Ms. Cappio should have filed this case in Tacoma WA where Ari Brown and Phil Goldst ein of Portland won these kinds of cases where there was a full restitution to the homeowner in a Federal FDCPA case and a False Claims reform act case under that statute against multiple big banks arising out of the countrywide / bank of America . Ari Brown is with Hagens and Berman and everyone in this state of any salt knows that the Tacoma court in 2010 was very consumer disabled veteran like myself oriented which is now slowly changing with the appointment of bank oriented new appointments to the court.
10. Ms. Cappio should hav e filed for we consumers an appeal to the 9th circuit court of appeals to have this case changed b ack to a FEDearl FDCPA case like it was filed in Yakima. WA.
11. The attorney by omission argument to the state bar that I got today is full of omissions to support his/her argument but the facts do not support it.
AS a disabled veteran under the federal Americans with Disabled Act do request the following
1. An attorney to represent me before the bar in a hearing to vet this issue fully.
2. That the bar support my position that it is not my responsibility to inform the court about anything since the federal judge in his order stated clearly DO NOT contact the court or the administrator unless you are in the class.
3. I am not a lawyer and can not rep myself due to legally adjudicated disabling for life medical conditions from my military service that I and my family fought Hitler and served our country since 1927 including my son in Iraq.
I request that ms obrist and ms cappio obtain all the old numbers which I Told them I have for one bear stearns trust and get all of them from the trustee at the time wells fargo from their public database on line if it is still available and all the old second trust loans owned by the federal reserve bank of new York in their Maiden Lane trusts I AND II.
You can google that on the internet as well.
Ms obrist is out of her league when it comes to banking law and mortgage finance. She spurned my help many many times and totally botched this case for her and her firm’s alleged enrichment motives.
That violated the state bar ethics.
By the way, I told her that chase would offer fraudulent mods again.
Chase has in effect put me in the class without my permission and not notified the court
They are trying to force modify my current predatory loan which came from the above transfer and they have hired an appraiser and sent me a dozen loan mod packs and put me in their loss mitigation dept at chase home finance and told me via their rep in Columbus ohio that My only choice is to opt out. I am not even in the class according to ms obrist but chase says I am and are starting the federal government ordered loan modifications that their manaegement they must do . the three depts. At jpmc chase home finance under kevin watters ceo chase mortgage banking has begun the use of the federal reserve oderded net presdent value model loan mod anaylysis that results in dual tracking and foreclosure and grand theft of mortgage payments like they have been doing to me for the last 7 years to the tune of $ 100,000 in missing mortgage payments and higher payments from denied HAMP I mods and fraudulent non hamp mods.
Best regards
David F. Black tr ansmitted by fax 4/7/14 to 206 727 8207
360 772 5617
360 750 7547 Cc: mr rick potter. Mr potter is not rep’ing me in this matter at all or advising me in any way. I don’t want him too. I studied to be a lawyer in Virginia and two different law schools LOYOLA UNIVERSity and George Mason university but my Navy disabilities struck me down from that because I served our country.
Please forward to Stephen j. Sirianni on my behalf and scheduled on a Tuesday or Thursday and hearing here in Vancouver wa per the ADA federal law for accommodation of a disabled veteran since I can not drive to seattle. Wa anymore.
LIKE I said ms cappi o and ms obrist along with the senior attorneys management committee sold out for their own enrichment allegedly every disabled veteran in the country and every homeowner nationwide and don’t have the courage to admit it and right their wrong and inform the court and the federal judge of chase’s Coverup and get this case to the circuit court of appeals for the 9th circuit or file a writ of mandamus and get a new judge and a new trial and move the case back to federal court in Tacoma wa and have a jury trial and state the claim under the federal fair debit collection practices act for $ 10 trillion dollars for
All of the Princiapal Managing Parters of Kellerohrbach, LLP Feb 20,2014
New York Office
cc: chase counsel for this federal case in san francisco, ca.
New York City, New York
Dear Sirs:
in the matter of david f. black v. chase home finance regarding alleged fraudulent loan modification
in the matter of class action notice from chase or kellerorhbach.com and ms gretchen obrist and gretchden cappio plaintiff counsel in http://www.chaseMDLclasssettlement,com befor Judge Rober R. Stearns, Federal District Court of Massachusetts.
Dear Sirs
your lead counsels who promised me ie ms obrist four years ago in writing from your email server and she has a copyof that email promising me and stating that I was and would be in the class for the case filed as a class action in Yakima, Wa. in us. federal district court.
At present ms obrist and ms cappio are stonewalling me to have that notice with my user id and password on the class action notice. I Have sent the attached by fax letters from mr barry and chase attorneys documenting the illegal modifications done to my loan in 2008 that meet all of the criteria specified in the settlement documents on the chase class action settlement website and Judge STearns judicial order sepcifying the criteria for the class
Despite all of this effort on my part ms cappio and obrist refuse to send me the notice and notify the court of my inclusion.
so this is your official notice that it appears that both these rude attorneys do not understand that chase changed the NON HAMP loan numbers for the bear stearns trusts and mortgages therin from april 2011 to october 2011 and converted them to the new account numbers illegally because the transfer violated allegedly title 12 of the u.s. banking act since they changed the loan terms and interest rates upon transfer. in other words covered them up and the mods done to them allegedly like my loans.
I have all of the old account number of aboutr 50,000 loan numbers from the trustee wells fargo fpr my mortgage trust that is owned by Blacksmith and Boiler makers Pension FUND IN Kansas City Kansas . I have notified both counsels of your firm they have an ethical and legal responsibility to the federal court to notify that there are are approximately up to 2 MILLION Other loan numbers that had non HAMP fraudulent modifications like mine for not only first trust loans but also second trust loans. They were illegal because emc chase charged a one month capilalized interest and added that fee to the loanb balance in violation of title 12 and it is not allowed to charge a fee for a loan mod and then tried to foreclose on me there times from a manufactured default putting my payments in suspense accounts and had ms bollero to allgeedly try to extort more money from me on allegations that I defaulted on my loans
Ms Obrist wrote me a binding legal promise and contract to see that I would receive justice for the harm done to me and continue to be done to me as a disabled veteran by chase home finance.
yesterday I received a phone call for three hours from E.J. Reed of the executive offices of chase home finance representing mr kevin watters ceo of chase mortgage banking stating that it is kellerohrbach’s duty and responsitibilty to send out those notices based on info supplied by chase they are required to give all the loan numbers to you as well for non hamp modifications.
the attached letters from chase attorney document chase modications of my loans first and second trust as well as the old account numbers and modifications done to them by chase non hamp a category included in judge stearns order.
this is a formal complaint directed to you by me regarding the gross violation of attorney client ethics by ms cappio and ms obrist as specified by the washington state bar, specifically they are allegedly trying to do harm to over one million homeowners including myself across the u.s.a.
this case should have been filed in federal district court in tacoma wa where similar cases have resulted in restitution to the homeowners by attorneys working or Hagens and Berman. and appealed when the case was converted to MDL. this case and settlement has the appearance of court shopped and judge shopped to get the most favorable non monetary settlement for chase not restitution for homeowners who suffered up to $ 30 trillion dollars in losses from fraudulent dual tracked chase foreclosures resulting from chase alleged fraudulent modifications
I have a masters degree in baning and finance and did my masters thesis on chase fiancial operations and trAINED BY THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
Ari Brown is that attorney who did it twice against big banks and mortgage servicers.
and won full restitution for the homeowners.
unbeknowst to ms cappio and obrist. the mod settlement in the judge’s order is nothing but harm to any homeowner who accepts it since by federal reseRe regulation and chase policy any modificaTion request is a default and the homeowner must pass the net present value model as specified by the federal reserve board regulation and if the homeowner fails THAT TEST AND THE ACTUAL VALUE MODEL TEST by law the homeowner must be foreclosed.
your firm is a disgrace to your profession to allow suich a settlement to occur and betray millions of homeowners while you stuff your pockets with ten millino dollars of chase money to keep your mouth shut.
there are an additional up to two million other modifications non HAMP done on chaseloan s that you dont seem to know about .
you are legally obligated to send me and all the other homeowners a notice of class inclusion.
best regards
david F. Black
cc Eric Schneiderman Attorney General of New York state who has advocated on my behalf before the OCC US treasury dept.
Cc: Mr kevin watters ceo of chase
SEND ME MY class action notice immediately or I will GO TO the judge stearns about this alleged contempt of court by class counsel and perhaps chase as well. i AM A STOCKHOLDER OF jP moRGAN CHASE STOCK.
please see attached letters from chase attorney and mr barry regarding modifications all o f which are or were fraudulent.
i TOLD ALL OF THIS TO MS CAPPIO AN MS OBRIST ON THE PHONE WHEN THEY CALLED ME AND MS OBRIST TOLD ME TO SEND HER DOCUME NTS TO PROVE MY CLAIM ALL OF WHICH i HAVE DONE INCLUDING PROOF OF PAYMENT ON THIS MOD FROM M YCHASE BANK ACCOUNT AND NOW BOTH OF THEM ARE STONEWALLINGME AND NOT ANSWERING THEIR PHONE.
THEY CALLED ME . NOT THE OTHER WAY AROUND . AND DEMANDED DOCS AND THEY SIGNED FOR THEM WITH FEDEX AND USPS. SO THERE IS PROOFTHEY GOT THEM
i AM NOT ALLOWED AS i DID BEFOER ANY OF THE STAFF ABOUT THIS MATTER NOT EVEN TO LEAVE A MESSGE.
the point of these postings. congress house judiciary committee has the power to remove this judge and anyone in his settlement can file a n appeal that has been given a user id and password by the settlement ADMINISTRATOR IN RHODE ISLAND. TO DATE NOT A SINGLE HOMEOWNER HAS DONE THAT . AND I CALLED KATU NEWS HERE IN PORTLAND OREGON TO BREAK THIS STORY AND SCRV NEWS IN SANTA CLARITA WHO TOLD A STORY ABOUT CHASE TAKING A FELLOW VET DISABLED VET LIKE ME HO– USE IN SANTA CLARITA.. AND BOTH NEWS OUTLETS REFUSTED TO DO THE STORY.
I HAVE WRITTEN OVER TWO DOZEN COMPLAINS ABOUT CHASE TO ERIC HOLDER SEC HUD DONOVAN AND SUED CHASE VIA THE FAIR HOUSING ACT JUST LIKE ACLU IS SUING MORGAN STANLEY IN FED COURT IN NEW YORK CITY FOR MORTGAGE SECURITIZATIONS VIOLATING OUR CIVIL RIGTHS UNDER THE FEDERAL TITLE VIII Fair housing ACt 49 usc 24 cfr.
no one is complaining suing or even writing the us cfpb I even called their deputy general counsel on the phone in d.c. no one else is doing that.
if four million people like us got on the phone fax and rAISED HELL ON SOCIAL MEDIA ALL OF THIS CHASE ANDOTHER BANKS BULLSHIT WOULD STOP. WE ARE SITTING ON YOUR BUTTS AND THINK WE DONT HAVE TO DO ANYTHING. WE DOTH PROTEST NOT ENOUGH.
I talkd to the attorney in the chase class action. They are not going to say anything to jeopardize their 9.5 million dollar payout and in the settlement, once it is final it says they cannot speak to the media, cannot say anything deragotory about chase and for us the plaintiffs, if our loans are transferred before the settlement is final, we are no longer part of the settlement. What a maroone!!!!!
the sad thing about the class action with chase is that once again they will walk away without admitting fault and until something or someone can stop their crap, it will just continue. Heck, everything that they were accused of in the chasemdlsettlement, they did to me, they breached contract 2 times with me and not even 4 months ago after they had lost this settlement, they are still doing the same thing to me. I know everything is a payoff with them, but never admitting to nothing. It is so criminal. It is going to take an army to stop them, all of the banks. Maybe when they steal the wrong persons home, the ball will get rolling. It has just gone on too long and all the ones that could stop them just look the other way.
I would not have paid them 3 times, I believe you. Has your loan # ever changed? I hope you have all your original paper work and a record of all your payments and the original agreement you signed. I don’t see how a judge could refuse you then. You probably would have been better off if you would wait for the banks to get their s**t straight. Are you part of the chase mdl settlement? they breached numerous agreements with people and breach of contract is never acceptable.
Chase has admitted they dont have the note or own the mtg
Mdl case was first entered as a FDCPA CASE IN YAKIMA WA
FOR EMC CHASE FRAUDULENT MODS AND PREDATORY
SERVICING PRACTICES WITH MONETARY SETTLEMENT
,THE FEDERAL MDL COMMITTEE THEN COMBINED NINE
DIFFERENT CASES AND CHANGED THE CLAIM BY CHANGING THE CASE
TO MDL CASE,
THE ATTORNEYS TRIED TO GET THE JUDGE IN BOSTON TO CHANGR
IT BACK AND HE REF– USED AND THEY DID NOT APPEAL HIS RULING
SO THE ATTORNEYS GOT TEN MILLION IN FEES FRPM THE JUDGE
AND THE HOMEOWNERS GOT NOTHING
WE WERE ALL SOLD OUT BY CHASE PAYING A BRIBE TO THE
ATTORNEYS ALLEGEDLY
AND CHASE LIED TO THE JUDGE ABOUT NUMBER OF MODS THEY
DID COVERED BY THE JUDGE’S ORDER
THEY TOLD THE JUDGE IT WAS 60000 PER THE RESPONSE FROM WA
STATE BAR PER MY COMPLAINT TO WASH ST BAR ABOUT
KELLERROHRBACH.COM SELLOUT
were you a prime borrower who got WaMu’d? and ended up in Chase servicing? with no loan documents and no loan schedules? Bear was counterparty to the swaps on my trust.
Check in Maiden Lane 1. Lots of acronyms (WFHET 05-2 = Wells Fargo Home Equity Trust Series 2005-2, SASCO Structured Assets Securities Corp, CWALT Countrywide Alternative Loan Trust, etc.) you get the idea. Maybe you get lucky and find some of your trust assets in the ML1, and that’s serviced by GMAC/ResCap, tied up in the SDNY. Now what, judge? The servicing rights, not the note, not the mortgage, but the “rights to collect” the loan are all that’s left?
CDS gain no title to the res through subrogation.
didn get wamud a m being allegedly extorted b y chase on a l oan they orginated after tarp money was used by them to extinguish original first trust loan from emc bear stearns that is being reported to the credit bureau as paid. the new loan has no loan docs no application by me and from my viewpoint is a felony they did to for aabout one million loans or more. that is one million felonies all being covered up
in the last two weeks chase has gone ballistic on me I ve received hundreds of phone calls from them emails regular us mail appraisals on my house by contractors that chase hired. so far today I ve received about 40 phone calls in the last twelve hours. chase sent me two payoffs on my loan and charged me for them and I never even asked them to do that. they have gone beserk.
regards
David
id say if there was a time to go ballistic with chase for all the wrongdoing and lay it all on that federal judge In boston ma his name is Robert a stearns us fed district court in boston ma. the case number is mdl2290 at http://www.chasemdlsdettlement.com and raise hell with the us cfpb Richard cordray by writing to him directly to his office in d.c. in downtown washnigton d.c. the us cfpb director. their call center is in iowa and they have been burying my complaints in the federal trade commission. there is ahuge coverup at play here . and we have to uncover it and blow it all to hell on the media.
Been out of commission but will be catching up. Two oldies I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Read the definition of a debt collector and of a creditor in the Fed. Debt Collect Practices Act 15USC1692A. If it is not your actual lender to whom you signed the promissory note bringing the foreclosure, and if there was a default letter prior to any kind of alleged assignment then they do not fit the definition of “creditor” and they cannot, by law, bring this foreclosure. They have most likely violated multiple counts of the FDCPA and check your state debt collection laws. Read that set of laws line by line. It’s well worth it.
Look at all of their papers and those of the attorneys. If it says “we are a debt collector attempting to collect a debt” or “this is an attempt to collect a debt” they are admitting it.
These laws are very important. Blessings to you
thanks usedcarguy. if the mortgage original is paid off which it is according to the credit bureau and chase created a new mortgage with higher interest rates and loan terms ie a balloon payment in 2037 with no loan docs no nothing and nothing is registered at the court house and did they get a new MERS number as well. I have been fighting with them for seven years now and it is a pure stonewall . thanks for the info . I looked up eurobobo and deal vector. very useful information. out here in Washington that kind of info would cause a state court judge to have a meltdown. this is an outpost out here and chase has everyone allegedly on their tab. if I mention chase to an attorney out here they run for the hills.
do you have any suggestions on how I get confirmation from treasury or a TARP report that all the bear stearns trusts have been paid off by TARP.
or some other confirmation. I know about the Bloomberg cancelling the terminals. I should have gotten my free subscription for one month when I had the chance but now that info would be worthless.
I just submitted to chase a section 1594 RESPA Qualified Written request for the name of the new trustee if there is on e and the name of the mortgage trust that this new loan is in or knowing chase they would say it is a mod of the old loan.
where the homeowners got nothing. now thanks to you I understand why chase lied to the judge about the number of modifications in the class. to cover up perhaps the TARP deal.
chase has allegedly been trying to extort me for more and more money for the last seven years and am not behind not late not in mod and not in bankruptcy and even four payments ahead.
I have been telling my pro bono attorney whose firm works for banks doing bankruptcy that there is no loan.
thanks for the info used car guy.
I did find out who owned in the past my mortgage certificates In the 2007 bear stearns trusts 2007 ar 4 by scanning the federal court in new York for cases brought against bear stearns and chase. I found one where the investors were represented by cohen and Milstein and one other class action firm in new York and on the pleadings where the investors sued chase and the trusts all of their names wer e o nthe styling section of the brief
in my case they were blacksmith and boilermaker’s union pension fund out of Kansas city Kansas or kc Missouri and I looked them up and do they ever have a history of hassles with the us dept of labor. theother two were railroad pension fund and healthcare company pension fund all of which were afl cio labor organizations.
best regards
David
I hope that helps someone.
chase has tried to manufacture a default three times and so far has extorted me allegedly over $ 50,000 and stolen another 100,000 in payments . they harass me daily now by mail and by phone . even had one of their affiliates call me on the phone and threaten me with prison.
so my view says I am getting closer and closer to the truth
one of their local v.p.s that I spoke to and who reached out to my pro bono attorney and cpa and forensic fraud examiner was fired because she talked to them without upper level clearance T O DO SO.
SHE WAS A NICE LADY WHO WA S TRYING TO HELP ME.
WHAT I DID DISCOVER WAS THAT CHASE IS SELLING LOANS TO PEOPLE TELLING THEM THEY ROUND UP THEIR INTEREST RATES ON ARM LOANS. WHEN IN FACT THEY ARE ADDING 5/8THS OF ONE PERCENT OF INTEREST EVERY SIX MONTHS TO THE RATE FOR PAYMENT CALCULATIONS PURPOSES.
ON AN AGGREGAGE BASIS FOR EVERY ONE TRILLION DOLLARS OF LOAN BALANCES CHASE IS SURCHARGING EVERY HOMEOWNER IN AMERICA OVER $ 6.25 BILLION DOLLARS IN INTEREST EVERY SIX MONTHS THAN THEY SHOULD BE CHARGING
AND THIS INTEREST HAS NEVER BEEN REVEALED TO AN YOF THE HOMEOWNERS AS REQUIRED BY THE TILA law.
regards
David
Lms53
April 23, 2014 at 6:11 PM
David, the chasemdlsettlement is about contract breach mainly and it has not been finaled yet so if you think you are getting nothing monetary you are right, but you are supposed to be able to cure any delinquency which would not apply since u r 4 payments ahead and we are supposed to be offered new hamp modifications. It just depends what you are looking to accomplish with your home situation. From what I read about your situation, it sounds like thru all the transfers ur note was satisfied at some point, but you would know if it has been satisfied. We all have to pay.
When you borrow money, you agree to pay it back – that never changes.
However, while people who lend you the money can put the Beneficial Rights, Title, and Interest in your Note and Mortgage, and have different entities SERVICE (collect the payments), into other entities hands…NOW it gets interesting. IF IT WERE JUST YOU AND THE ORIGINAL LENDER, you’d have someone to sit down with and work things out or at least deal with and come to an agreement as to whether they get the title or you get new terms.
No need to ever make payments to anyone else other than your original lender, in an IDEAL WORLD.
BUT, when that lender DOES things, they – and others – can put you in an unfair and weak position…and that’s what’s happened to most of us, and what’s caused the financial mess the world is in ( and the world IS in one, – a VERY serious one – make no doubt of that ! )
SO, you need to POSSESS ALL THE DOCUMENTS OF WHAT THEY DID !!! You have a right to know that your PAYMENTS GET TO – AND ARE RECEIVED BY – THE RIGHT PARTY(ies) along WITH THEIR RIGHTS TO…AND… your money !!!
When you DOCUMENT all of that, you are “following the docs and the money”, …..and be sure to include the “fair and reasonable” compensation paid TO your original lender and all other parties who may claim interests and make demands upon you. One dollar is NOT “fair and reasonable”…..[.if it were you’d only have to pay the investor ONE DOLLAR to make them “whole” !, right ??? ]
My experience is that people who represent themselves DO NOT DO THAT.
“I want every document and every dollar accounted for “.
Judges – when presented with that, HAVE LITTLE LEEWAY…THEY CAN’T BY LAW ORDER YOU TO PAY SOMEONE WHO HAS NO LEGAL RIGHT TO YOUR MONEY, NOR CAN THEY ORDER YOU TO PAY A PENNY MORE THAN YOU are legally liable to pay.
UNLESS A BORROWER shows the court they are precluded from giving a party your money, they WILL order you to pay them on the grounds YOU failed to physically show the judge why they don’t have a legal right to it. IT SHOULD BE that THEY have to prove they are entitled to it, but no more in the United States is that the current case. Our judicial SYSTEM HAS BEEN DESTROYED OVER THIS SCANDEL. Judges are still requiring such proof in a small number of cases, but they are getting overruled in the Appellate Courts. Until we have our LEGISLATORS pass laws to “right” our judicial system, it will remain upside down. The Banksters are betting U.S. citizens don’t have the Will to do that.
Hello. I’m in the DIscovery phase of my SECOND case against the bank (pro se) after having their first Complaint dismissed. The judge said there are still issues, and we are going to trial.
I tried leaving a message on http://www.casediscussions.org/ but it looks as if the links are not live. Is there another site or other way to leave my info. I could use some comments. I believe I have a winning case, but need to bounce things off other foreclosure defenders.
You have to be VERY aggressive in doing your discovery to get to – and document – the truth, then its just a matter of matching the documented truth with the law and case precedent (unless you want to try to set NEW precedent !) You need a SKILLED TRIAL ATTORNEY to present your case correctly.
The links on casediscussions are still being worked on to get it to be the most useful.
In the meantime… WHY do you think YOU should win, and WHAT are the issues the judge said need to be tried.
ps – if you convince the OTHER SIDE you have a winning case, they’ll want to settle
can used usedkarguy or anyone tell me how to get access to Bloomberg data for my mortgage. I don’t have the money as a disabled veteran to pay for access to securitization data for my bear stearns mortgage. however I do know who owns my mortgage in the bear stearns trust and wells fargo used to be the trustee but the petitioned the SEC to get out of the trustee business for bear stearns trusts.
The Bloomberg system is the best securitization data available, however, it’s $1,500 or more and really does nothing!! The banks are just stealing the houses and the courts are allowing it to happen. You can walk into Court with ALL the evidence to prove fraud and it just doesn’t matter…the Courts are in bed with the banks and I am telling you this because I wasted entirely too much money to prove my case and it just DIDN’T MATTER!!!
Tom Heinrich
April 22, 2014 at 9:18 PM
Every case turns on just one or two points – you took out a loan, you didn’t repay it…that’s what the courts HAVE to look at, – ….now if you can prove “I DON’T HAVE TO REPAY IT, or REPAY IT TO THEM“, then the court has to go with you, or be overturned.. Remember a judgment CAN BE OVERTURNED under certain conditions – a judge being paid under the table will get both YOUR JUDGMENT and the JUDGE tossed out, but YOU MUST DEMAND AND INSIST ON IT…the media LOVES Judges on the take news stories !!! How are you going to prove it – most payoffs are in cash or something paid on behalf of the party or their family or friends and associates…do you have good P.I.’s ???
All the securitization documents can be obtained through the SEC and other public filings and by Subpeona Duces Tecum. What is even MORE effective however is to TRACK THE MONEY…follow the documents, follow the money – nothing passes until its done correctly.
David, Bloomberg shut down all their terminals that were leased to anyone NOT a trader or investor. That was my understanding. I had a guy do mine a couple years ago. I have also obtained information through a firm that tracks ownership of MBS, called DealVector. These guys are trying to shine light on the market for investors, and are open to sharing their information upon registration. You have to tell them HONESTLY why you’re there, who you are, and provide valid information. This site allows you to find the MBS and for a modest fee I am sure they will certificateholder information. I am in the process of trying to get in touch with investors now.
All of this is fraud, and when you start chasing your loan down some rabbit hole trust, then find out the trust certs are paid off, they were extinguished in 08 through TARP, and only a couple of the EQUITY tranches (owned by the sponsors) are still paying, That’s where your loan ended up if it’s current or modified. They resecuritize the modified balances.
Find Bob Garassi’s brief on Erobobo, and then…….go figure…….
Bobbi, are you part of the ChaseMdlsettlement? Because in the settlement, if chase transfers the servicing of your loan, you are automatically opted out of the settlement and Im betting that is what they are going to do to a lot of us so they don’t have to make good on their breached contracts.
Tom; please send me docs that ‘HSBC” can NOT be a trustee for ANY banks and/or investment trusts. Your comments are ‘great’; but as you say: it must be used in a case and prevail. I look forward to receiving something. g o i g r o u p at geemale. THX
so HSBC as Trustee for Wells Fargo Home Equity Trust 2005-2, still listed as trustee on bloomberg, is not performing trustee functions? Yeah, I know. But that document would be most helpful, Tom. usedkarguy@yahoo.com
just an FYI, Article 9 of the UCC should be abolished as it has permitted these banksters to get away with their fraud by allowing their so called “transfer” to third parties to “possess the note” and sell it over and over again.
I wrote a little book when I discovered how corrupt Judge Alice Schlesinger and all the appellate judges I had except Judge Helen Friedman were and printed as many as i could and sent them far and wide. I guess she never expected me to fight back. You are right Tom we all have to fight back in our own way in addition to the internet fight.
All, I need some assistance and advice. We received a Notice of Foreclosure a few months back. I have still been corresponding with Wells Fargo telling them they have no standing. After several QWR’s and letters to OCC and CFPB, WF responded with more documents than they did in the past. This time they included 2 Allonge Notes which I had never seen before. Keep in mind that they did not respond with the documents even to OCC and CFPB. Then it clicked I went on to the Baltimore More Public Records and there it is a Deed of Trust had been posted there on the 11th of this month. I have not been able to view it yet, but I can imagine what it is. I need some help on which way I should go with this. I need to know what I need to do in order to prove that the documents are Fraudulent. I am sure they are. Any assistance would be greatly appreciated. James 443-677-2799, Thanks I live in Maryland
First off I would get a copy of the Deed of Trust ASAP, as well as anything else they have filed with your county recently. Next you probably need to check your state laws as to whether they were able to start foreclosure proceedings prior to being the beneficiary to anything, I am assuming that is why they filed the Deed of Trust (probably a Corporate Deed of Trust). They are trying to prove they are the beneficiary to the deed. In some states they cannot start foreclosure proceedings prior to doing such things. It might also benefit you to figure out whether or not they are proceeding with a judicial vs non-judicial foreclosure. As a quick Google search looks like they can do either in your state. I am sure there are others on here that know way more than I do but I hope I at least gave you a place to start.
I was thinking along the same lines. I would review the Wells Fargo Consent Judgment as well. The Chase judgment includes this section Section IC. Documentation of Note, Holder Status and Chain of Assignment. If dates aren’t matching up etc I would also review reliable evidence for filing/recording of docs. Based on what you find keep sending CFPB complaints, QWR’s. Start informing local officials if you haven’t yet as well.
I have been fighting with Wells Fargo since December 2007. Fortunately it has meant well over six years without payments. During this time I have come to know them and the tricks they use very very well, and they have come very acquainted with me as well, and know me
to be a thorough and careful researcher. It seems they have been acting on a SUPPOSITION that they were the correct and legal servicer of my loan, but the records of my original lender show otherwise. The original lender claims my loan was never transferred away, including my servicing never going to Wells Fargo. This would mean Wells Fargo is going to have to return ALL of the years of my making payments to them back to me – and the Court throwing their foreclosure action, on which they have spent their own money on, out.
What this means to YOU is that their Standard Operating Procedures probably have been used in your case too – whatever they feel they need to win the foreclosure they will just manufacture. Only YOU can execute a Deed of Trust. Obtain a CERTIFIED COPY immediately, but talking about it will not prevent your being foreclosed on – unless you CAN PROVE they are LEGALLY PRECLUDED from foreclosing, they will GET AWAY WITH IT.
TO PREVENT THAT, YOU MUST do vociferous discovery and RE-CREATE every step of the trail of how you got from signing your original loan documents to here…on paper and by first hand testimony by each individual involved. They WILL fight you tooth and nail on this, and IF you have LEGAL PROOF of why they may not complete the foreclosure as a MATTER OF LAW, you should be able to prevent them from doing it.
FYI, Wells — USED to have their “hired guns”, the foreclosure mills create these fraudulent documents. Jail time for those attorneys. NOW Wells has decided to manufacture them THEMSELVES, mostly out of their Minnesota offices which were formerly Norwest, who is the true owner of Wells and just using the name Wells Fargo under which to do business and their dastardly deeds… methinks this is where yours may have been forged, if they were forged. Forgery of financial instruments is a felony. Forged instruments may NOT be used or accepted by a court.
Be glad to talk more about the details over the phone, but I recommend you go to my new website http://www.closewellsfargo.com and look it over before you call me.
Your task is to PHYSICALLY DOCUMENT THE TRUTH and get the people involved to testify it IS the truth. Its a lot of work, but it can be done. A skilled and talented trial attorney should work with you to pull it off. Your goal should be a negotiated settlement, not a full blown trial, but being 100% READY for a full blown trial is the ONLY thing that will get them to cave in.
Only if they think they will lose, will they do that…however forcing them to comply with all the concessions they have already made is a huge hammer you hold over their head. Chances are if you say the right things to the RIGHT PEOPLE, they will turn nice and friendly and want to be your best buddy, which is where they are with me after six and a half years..finally.
Tom Heinrich
(954) 781-9300
Mark
April 19, 2014 at 9:04 AM
Tom,
What you have written is very close to what many of us are experiencing. One important comment is that courts ARE excepting these forged documents without much discussion and ruling in favor of these banks/foreclosures on a daily basis. I can discover all the forged documents I want and present them to a court as a proven fact but they are still on many occasions being disregarded. It would be great if the laws applied consistently and the Judges rulings were made easy by stating precedent but it’s a free for all and case by case whether you are granted any relief.
The tools are there, we can ‘t fall into the cable news, ideology, false morality traps. The truth of one person alone is powerful but if we work together it’s that much stronger.
Banks fear me…’us’.GLOBAL POWERBR(oh shit)KERS are behind us little guys….we American Dreamers have sure eaten a lot of FDIC shit…that’s Fed Dic….their turn.
1. File a Police Report w your local PD..provide evidence of the suspected fraud….
2. Send copy of said police report to AG Holder
3. File in Federal Court….’friend of’
4. Watch what happens
5. CEO are getting shadow talks…visions of what’s to come…they are wetting themselves. ..not licking their chops as before…’wetting’ as in pissing their Brooks Brother’s pinstripes…watch MetLife….watch and listen….777
6. Prison terms in 2015…2016…2017..China (et moi) are raging…..I speak for those who cannot.
7. Watch boise idaho….like an eagle. 777
Okay, for the record here’s my 2 cents! None of these media outlets like the major news stations is going to give a rat’s ass about fraud-closure. They are more concerned about the making the ratiings and fraud-closure is OLD news now. We have the ongoing problem with the Middle East, the airliner that disappeared, rampant shootings across the country….BUT, exposure is what we need. I have always held such esteem for MLK the way he was able to bring about his cause on the streets. Nowadays, the streets don’t offer much in the way of exposure but we now have the internet. If you really want to capture the media’s attention then put a fantastic video on UTUBE. Seriously! The woman that came into the store half naked and reaped havok had a million hits in less than a minute. Get yourselves together in a local area and begin filming. Tell your (horror) stories in short form – one at a time but do it graphically and with attention getters! One thing the news media monitors is UTUBE esp. when a video goes viral. No violence, just plain truth. Like you, David Franklin, as a Vet who fought for this country and put yourself in harms way to protect the citizens of this country. The American people are very compassionate about Vet stories. Just sayin’…
I suggest you all read TWO BOOKS by James Rickards.
He took part in a Pentgon war game exercise on 2009 where the participants could not use actually existing physical weapons like bombs, missles and aircraft or satellites, but could only use” financial weapons” like stocks, bonds and derivatives to destroy the enemy.
He has written “Currency Wars” and “Death of Money: The Coming Collapse of the International Monetary System”.
Rickards played on the China team, and created a scenario where Russia and China combined forces, and used their gold stockpiles to issue a new, gold-backed currency, intended to get the world to stop using the dollar.
A real-life scenario, however Russia has become the world’s richest nation in terms of natural resources, having literally billions of pounds of diamonds discovered under a meteor crater. It doesn’t need China. China needs IT. They are working on it.
Meanwhile, watch the European Union this week, the final “official” session of the European Parliament They will pass major reforms where failing banks will be wound down without public money.
The EU is still fuming at the U.S. for fomenting the worst financial crisis since WWII. On top of THAT it turns out we have been listening to private conversations of virtually everyone in Europe as well as doing it to our own people.
The EU is fundamentally reshaping the banking and securities industry. The EU is stripping power from member countries (“States”) to avoid more taxpayer bailouts of banks and euro zone countries.
Eric Holder and Barak Obama may well go down in history as failed administrations.
The final solution to out banking problem may well come from overseas. While we have tolerated the major banks fraud, European countries are saying “never again.”
U.S. influence in the world is at an all-time low. Want proof ? The dollar is down over 38% just since 2002.
Our media has placated and distracted the American public, as have both political parties, neither of which seem at all concerned about the 99% of we-the-regular-peoples’ plight.
In our country, it is up to YOU and ME to spot, to document , and to DO SOMETHING about EVERY instance of wrongdoing we come across.
The banks own the media, the politician’s and the courts!!!
Once you understand that horrible reality, you will see the only
hope is to take it to the streets and explain our plight with picket signs!
The first sign is short but sweet…”the banks are stealing homes and the courts
are allowing them to do it”….”63 million homeowners are under attack by the banks”….”the
only people that don’t know about this attack ate still able to be making their mortgage”….
Short and sweet and in small towns in every State….
Anything is better than thinking the Courts will decide! The courts will not rule in your favor!!!
Maybe they need to go back and not let banks cross the state line. That’s where it started to get out of control. They need to keep banking in the community again so they know who to lend and not lend to. I read where banks control 60% of our economy and it used to be around 13. They need to be squashed. We the people should just rebel against them. We don’t need to drive expensive cars and live on credit. We all need to live in our means
Hammertime. What do u think will bring down the banks. They need to be regulated in what they can securitize and people’s homes should definitely be off the market
I think those that have abused our system within the banks need to be held accountable. It seems like Chase was able to stop some action by shareholders that see what’s going on. I think we gotta get back to fixing our property records system and along with regulation if banks are using our tax dollars and we’re their customers the interest of our communities and economy in terms of jobs and real wealth needs to come first. The tough part is that home financing became our economic engine with globalization and loss of industry. On the positive side there are some real possibilities if the banks weren’t driven by greed and they weren’t run like a casino.
The homeowner can be more effective than two lawyers going at it. The judges need to see how the homeowner is being mistreated by the bank. I too witnessed my ex attny aiding the banks attny though they would never admit it. I am learning the law on my own now the judges need to hear from us the homeowner and how they r mistreating us so maybe these judges will wake up and stand up. They did not get into those positions just by being elected.
The truth of the past 6-10 years and the BASICS of the law and our rights is what we have on our side. It may be a matter that those in the bubble still don’t see it or are true abusers versus those of us that have gone through it and then the other slice of the pie those that are on the outside looking in. If we just got a fraction of the millions that have been through this in one way or another we could pop that bubble.
Lms53
April 14, 2014 at 2:19 AM
Well my dad always told me to finish what I start and this is near and dear and my bubble aka the American dream has burst in the worst way and I am very hurt and now very mad. I spent a lifetime building excellent credit and working for my slice of the dream and to let someone I don’t even know ruin my reputation. That’s the problem today with all this technology the ones that are sticking it to u feel no guilt because they don’t have to face you. These thieves should be made to face the people whose homes they are stealing and have stole
Well put tom and they will go down. They have way to much power over our economy. I know and chase knows they have wrongly put me in foreclosure and they r going to pay for the damage they have done to me financially. I know there were a lot of people that got out too soon because the home values plummeted or they strategically defaulted, but as for us fighters and know they have severely wronged us need to see this fight all the way thru. I will be standing by to help anyone and everyone as I continue my own fight I want to become a paralegal by my own unfortunate event so I can try to help others
There may be more Hope than YOU REALIZE. What is at stake here is whether the international monetary clique “Owners of the World” will keep what they have or be ousted.
Yes, they are amazingly powerful, but they are NOT invincible …. nor is their continued power assured. They may have done themselves in. By concentrating on consolidating themselves primarily inside six large divisions ( the big “too big to fail” banks ), they could easily go down as a group, which they clearly are – you see NO difference in how they operate because they are, in reality, one and the same. Being that, they are on very shakey ground. This IS an economic war, make no mistake about it.
The insiders are so scared, that they have destroyed our judicial system. Out of fear the group will implode, their desperation in completing foreclosures even though they are not being done correctly, being done without paperwork or proof, and being done in a way that destroys Americas economy and future – I can see they are in fact, making things WORSE for THEMSELVES.
Law is a sharp, but two-edged sword. It cuts us deeply, but has yet to swing the OTHER way and cut THEM AS deeply as well. If you make more and more laws and rules – EVERYBODY feels its bite.
The new Consumer Financial Protections Bureau probably holds the key to destroying the behemoth. IT can get this to Grand Juries and the World Court, and ultimately replace the system we have now with a much more stable, moral and just system. The rich folk have made their millions and billions, now it OUR turn.. They really DO owe US for what they have done TO us.
Should it have taken some 2,300 days for Wells Fargo to have changed the terms on my A.R.M., – of course not.
What then IS the solution. A new way of doing things. That’s what ALL of us have to work for, recruit others to join us, and replace the banking system with a system that has no room for insiders crime and racketeering.
That means MAJOR changes to our justice system, so that judges and attorneys who violate the law get to see the INSIDE of our prisons for violating that which they were sworn to uphold. Let their cellmates be the rich banking insiders to whom they have laundered the free money and real estate to. Will that happen if we let them continue to get away with this escalating injustice ? No.
Mass. has enacted one step in the right direction – unlike Florida who shields and enables the crimes, being in the pockets of the Cartel.
They have created quite a series of new hoops for banks, servicers and mortgage manipulators to jump through in order to foreclose on borrowers who aren’t making their payments – and are actually being PREVENTED from doing so by the addition of new charges.
Under the new law, those seeking to foreclose have to demonstrate to a court that they made “a good faith effort” to work with delinquent borrowers, that they took “reasonable steps” to avoid foreclosing, and considered whether the borrower could make lower, “affordable” monthly payments.
It also mandates they prove loan ownership of the rights to and under the Note and Mortgage and that they “hold” the documents legally….. and prior to taking foreclosure action.
It prohibits misrepresentation and imposing unfair costs and fees and makes charges for services not performed to be a crime.
About time.
Now, about OUR individual cases…who wants to “show and tell” with judges and gtry to set aside those forecloures that occurred wrongly. It means finding EVERY mistake the judge and attorneys have committed …and commit – and doing something about it.
If you show them YOU will not let them get away with a SINGLE error…. methinks they might just want to TALK WITH YOU about a resolution OTHER than foreclosure.
This forum is great, BUT it should not be where each of us STOP, it should be where we BEGIN our pro-activity on our own situations and actively support the rest of us on THEIRS. They ARE paying attention.
This applies today – Ephesians 12:6 says “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”
We need to understand this isn’t just about our individual homes and wealth but our neighborhoods and our country’s wealth that is being taken from us through abuse and deception. Our nation’s soul is under attack and our Constitution and laws are being shredded. But it starts with us individually taking a stand for our homes and demanding fairness so we can recover our wealth while working together.
Agrees we have no front or mechanism
To come together as a force
As a disabled vet by the VA. I have bet orgs to help me fight
Chase and they could Care less about vet homeles
David
hammertime
April 14, 2014 at 1:19 AM
That’s where we all have common ground in being abused and treated as if we don’t matter. Only when it became publicized that veterans and seniors were being thrown out did they change their tune a bit and started making their commercials and politicians started acknowledging therr was a problem. If you’re being abused by Chase the settlements give you many of the rights and tools Tom is talking about in MA. Your story would have a strong impact. Hopefully this week will go smoother and we can talk about your situation.
David Franklin
April 14, 2014 at 1:30 AM
AP would be best to break my story or even more blogs
Can’t get any interest
hammertime
April 14, 2014 at 1:43 AM
We have to make our own media which we are doing to a certain extent on here. Your efforts to try to get interest could be a story in itself and there are techniques we can use to help each other and others. At some point the truth will break through to the average Joe as it has to some extent. Either way I agree with Tom the writing’s on the wall for the too big to fails but we can’t let this be swept under the rug if they end up in their prison country clubs and it’s business as usual.
Agreed however chase agreed to stop with us ag eric holder
N paid 35 billion to settle
However congress your reps n senators gave chase 90 billion
Of your fed taxes in tarp money to pay that fine
We need to get on congress’s ass to stop tjid crap n to get them to
Get on obama n the fed n uscfpb paid by the fed
We will never have any wealth without our paid for homes
David chase has never stopped their predatory practices and have no intention of stopping until they finally get a lengthy sentence in a jail somewhere. Don’t ever forget what the good book says about being slave to the lender. You are bargaining with the devil
Chase is begonning a new wave of predatory lending and mortgage servicing
Practices by adding a hidden not disclosed 1 percent of intwrest
Per year on bear stearns mortgage loans and will take our
Interest rates to 12.37 percent in nine yrs
This is never disclosed interest in TILA DISCLOSURES
THESE R FOR ARM LOANS
,CHASE HAS CONFESSED IN WRITING TO ME ABOUT THIS
Thank you Tom for helping my family spread the word about our struggles with Hanson you are a true American. Your efforts to help others are genuine and are to be applaude. You must have read my entire site to have made such an endorsement and you realise that my efforts to expose this admitted discrimination will help other American Injured workers in the future. US Bank has recently filed a NOD and that is another battle we must now face on top of trying to expose Hansons business practice. What next? If you would have your readers please read my website to see the court submitted evidence for themselfs which will verify my statements about my situation I would be very grateful! Keep up the good work Tom you are a light of hope in a sea of deception!
I received this from him if you haven’t read it:
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
Regarding Moonbeam* Brown (loving term we Californians called him during his first stint as Calif Govenator) being sued in California for diverting funds designated for foreclosure –
I have sued Pam Bondi for the same thing in Florida, along with the justices of our 17th Judicial District and District Court of Appeal to attempt to get an Order of Compliance to issue…. I also am suing a specific Judge who’s calendar I sat in on this past Thursday…she was staring at her computer screen while someones’ defense attorney was getting the plaintiffs attorney and witness to agree that the default they had alleged had actually been cured, when suddenly.the judge snapped out of her trance to say “JUDGMENT FOR PLAINTIFF”… I even went up to her and told her she had just made a mistake after everyone left the courtroom…she said she wasn’t going to discuss it.
I also just got the continuance of my April 23rd trial date moved to after September 1st with the Notice to the Court that my permanent modification should be in place by then, so looks like the foreclosure case filed against me in 2008 is over…… (nearly 2,300 unnecessary days too late)
_________________________________________
*PEACE OUT JERRY, just a bit of nostalgia… you’re a good dude…most of the time, sometimes – a true poly-tician howeva… I STILL love how you STILL look so concerned, you should bottle that look and sell it when you retire…again ( will you get double retirement ??? )…Tom
oh, and I think we’re going to have another Mountjoy case here in Florida
Tom, you would be better off spending your time finding solid legal reasons to win on your own foreclosure case rather than attempting to sue the AG pro se.
I believe I have seen your motions. You desperately need to focus on the proper presentation of strong legal argument based on admissible evidence, in your own case.
If you think you have a good case for suing the AG there are LOTS of lawyers who would take that on contingency, because fees in a class action of that nature could be well worth their time. As a pro se you cannot represent others, so you can’t file a class action.
Focus on your own foreclosure case. That’s where you energy should be directed. Find a good lawyer and find the funds to stand him or her up in court.
Heres what just happened to me, and YES – hackers are busy on this site. Within the past few hours I received ‘updates’ from ‘this site’ …but they were bogus. By clicking on a ‘reply’ button within your ‘2closurefraud’ email update, you’re DOWNLOADING malware that allows these people access to control your puter and access most of what you have on it.
Fortunately, everything over the web is tracable, even though these idiots use “masks” to hide their identies and locations. This is accomplished by using multiple servers in different parts of the world. It just it more work to reverse each one, and they figure you’ll give up. Theres not much I give up on !
If you notice funny things going on, open your task managers and take “print screen” of all the processes that are running. HINT – you see CPU usage on theirs typically.
THEN go to Internet Options and clear all cookies and temp files, after which you want to run your anti-spyware program probably 3 or 4 times, one after another.
Reboot. Then go look at task manager and what processes are missing and which still showing use when you’re idling…when your on idle they may NOT be, and they give themselves away. Once you find which process(es) are running, open them and find their IP address and check what other IP Addresses have been forwarded from.
With their IP address you have their provider AND THEIR PHYSICAL ADDRESS. Contact IC3 and you have them. File a complaint with IC3 AND Interpol and they are toast.
Sleep well tonight, your computer will be !!!
G’Night Friends !!
(this should clear up all your slow and unstable symptoms, too)
Astoria Federal/Fidelity ny fsb new attorney looking at the dates i was under federal court jurisdiction knowing these was no legal judgment already admitted its indemnify indemnify indemnify , heres a predicament w here the bank tried to straighten out the fraud and they were stuck with crooked judge Alice Schlesinger.
Sounds similar to a case I know of in San Diego. What you and Tom are describing and we’re all experiencing is the left hand not knowing what the right hand is doing while claiming to address the fraud etc. Homeowners and the American people would have accepted a fix to a certain degree but with the settlements corrupted and CONTINUING abuse and now another bubble and collapse on the horizon this can only be seen as a fix gone wrong or continuing fraud and corruption.
….. you can still straighten things out AFTERwards through negotiations with a plaintiff which often they are – usually they’re just looking for a way out – a judges misconduct can drag them into something they don’t want to be in. Post-judgment actions CAN be taken, I’d try to stip to modifying the courts action.
Remember to complain about bad judges !
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581
every state has one !
AND the Cordray folks at the CFPB are looking at bad judges, too. Contact them.
hammertime
all it took for judge alice schlesinger to rule against the US Constitution pursuant to Elliot v. Piersol was some money under the table and into her hand.
hammertime
there is definitely a second computer . I have had hacking problems on my house phone and my cell. My mobile provider worked endlessly on the issue and saw exactly how it was done. and one day watching my call history found they were forwarding my calls by quick switch and even go the phone number they were switching to. A number similar to my cell number but the number they switched to was located in Garden City , the home of Astoria Federal After they knew i had that number, they closed it and now use another number
I am going in a different direction to get them.for Astoria selling my two condos without owning them.
Mobile phone hacking is notorious for ease to do. If you have that evidence in a usable form that would be huge black eye for them I would think. Going to these lengths your case must be something beyond the normal. Sorry my memory banks are low with tracking every case I read about. I’m thinking of ways of how we can describe our cases and somehow address these various issues along with Tom’s court emphasis. It would be good to schedule a time for conference call. Evening Friday (CA) or over the weekend would work for me.
MARILYN, I HOPE YOU HAVE FILED CRIMINAL CHARGES and will be filing a civil suit……you might just get enough to pay OFF your mortgages ( or buy something better for cash !). The Justice Department attorneys will help decide which jurisdiction should investigate and which prosecute. Get them started immediately so they can tap and trace before the folks disappear, which they will. I’d talk to your local FBI office special agent on duty TOMORROW and talk with your providers security. LEO’s have to talk to your carrier ASAP.
Civilly,you must decide whether State or Federal court you want to hear it in BY JURY of course !!! and asking for huge exemplary and punies since your actual damages are probably nil or difficult to prove up.
Federal Court is a stickler for preciseness and don’t fool around, you get a trial date up front and its usually within about 9 months…discovery may take time, so as much as I think Fed might grant you a far bigger award, it might be too much pressure in too short of time, since you’re going to have to do a LOT of discovery and its all over the place.
I suggest you start interviewing attorneys NOW, in several different fields, but you want an EXPERIENCED TRIAL ATTY who has a great investigative team specializing in electronics and telecomm.
If I were you, I’d file and get a restraining order and subpoena all your telecomm records and depose everyone who has knowledge at the telecom, a judge should grant you a shortening of time to commence discovery under your circumstances I should hope. FIND OUT WHERE THE CALLS WERE TERMINATING and WHO HAS BEEN AT THAT ADDRESS. The FBI can have people at the address within 20 minutes once the warrant issues. This is better than TV !!!
I see where Fannie and Freddie properties listed for sale take forever to close and when the properties are transferred to Fannie/Freddie to be sold in the open market, the title is recorded as not a warranty deed but abbreviated as ct and the contents say that no one in a certain amt of time(can’t remember how long) but says that the title has not been contested in the court and the property is sold from there. When I refinanced I paid for title insurance but never got a new policy. I still have original title policy and warranty deed from when I first purchased my house
@ Lms53 – CT stands for Certificate of Title and that is standard in a foreclosure sale when acquired via sheriff’s sale. It is because the title is being issued by the Courts and they cannot warrant title since it is being done via the court system. There is a redemption period which is stated in your mortgage document so the Court will not issue a CT until that period has expired. Also, when you refinance you only get an ‘endorsement’ to the original policy, not a new policy. The endorsement will amend the original title policy depending on whether you increased the mortgage amount or decreased it. Hold on to that endorsement with your original policy. It’s much the same as when you modify your car insurance policy when you add or delete autos or persons authorized to drive them. Recorded deeds are ALWAYS returned to the owner and should be kept in safekeeping.
bobbi , I went thru my titlepolicy & no endorsement when I refied. obviously another doc they can forge if necessary. in fact I have all my refi paperwork and received nothing back recorded or any other papers when I refied with chase in 06
Bobbi Swann
April 11, 2014 at 10:33 AM
@Lms53- if you don’t have the endorsement, then check your HUD closing statement to see who the settlement agent was. Most typically it will be a title company or an attorneys office. Call them and ask them for the endorsement. Their file number should be on the closing statement for reference.
Judge Louis L Stanton was my judge in Federal Court Southern District who understood the US Constitution when he removed my case and issued his first orders and when the Bank objected changed his opinion and said
‘ creation of money is not a Federal Issue ” huh.
read this from ProPublica of what money can do.
What Newly Released Docs Tell Us About the IRS and How It Handles Dark Money Groups
by Kim Barker and Theodoric Meyer
Here are five takeaways ProPublica found from the documents released Wednesday by a House committee.
I do not doubt that, however I did get an email notice yesterday that one group of attnys are withdrawing from my case. So now the original foreclosure mill attorneys will step back in with their shenanigans. They too have my email address. The entire broward cty circuit court has my email. I don’t bank online so if they r looking to see how much money they can get they will have to resort to some of their other illegal ways
I do not voluntarily share data on my computer. i don’t do banking etc on my computer.
A few years back i bought a camera and contented it to my computer to watch my dog and my apt
I would go out everything was set up and working. i did trial runs and returned in a few minutes everything was shut off.
the camera manufacturer interested in this issue, set it up for me and the same thing happened.
Marilyn. Make sure that u cannot share data, photos, etc you have to go into your setup to verify and u can make sure that there are no other users. Also your ISP can see if there r other users logged into your up address
So wrong. That’s dual tracking and illegal. Entire case should have been dismissed and for defendant. This was part of the big payout last year. What’s wrong with the attny
Defendant got ripped off
Marilyn – what is your OES (operating system)? It sounds as if you have a windows vista, is that true? If so, you need to click on ‘start’, then click on ‘control panel’; then click on ‘user accounts’. There you can make sure that you are the only user. If there are more than one, you need to delete one. This should be the same procedure for any OES except MAC and I have no knowledge about MAC systems.
I’m on Windows XP (old) just got a laptop with Win 8. On XP you have the default administrator and guest I believe as default depending on who set you up. On XP I have set up various users for different purposes. You don’t want to delete the Administrator if it’s even possible. I have an internet user login with little or no permissions to modify files or add software. It may be compared to Mac to may be less secure as Bobbi is saying. Computers, hard drives, thumb drives are dirt cheap compared to the old days. Saw a commercial yesterday for Win 8 tablet where the store owner not real techy looking is basically saying the same thing, keep important data separate access to internet when necessary and take precautionary steps. I’ve been using Digital Divide which has a free trial that’s worked pretty well. My worst case was when Windows automatically updated and conflicted with previous anti virus software. And there have been times at critical sales or other actions that my system seems to have been under attack. But every time I’ve had enough backups etc to get me through and keep going. When you add a user you will be given options to set them as administrator, possibly power user or guest type or minimal user.
Tom
Many times when i come to my computer, there is a little square in the middle of the screen that says “Marilyn Lane
locked out’ below it says switch user. Who am i switching with if i am the only one on my Computer?
See other posts. This could mean anything from you may be logged in somehow as in after a crash or there could be serious corruption of Windows. If you’re functional should be minor. In Win XP you had the option to reboot to a previous working version, called a restore point. You may also get there through control panel.When your system is stable you want to set a restore point or at least keep in mind a date when your system was stable.
That’s a computer setting( internal) issue….someone tried logging into your puter and after several failed tries,it locked “you” out to protect the integrity of your stored files and
programs. Simply reset it.
I just had MY puter hackted…downloaded malware via a bgus “update” from THIS SITE!!
They must really be scared. HI GUYS, you know I know how to reverse search you out, don’t you
I am aware that all it takes for some judges to grant a judgment is to waive thev original mortgage and the words “THEY HAVEN’T PAID” and its “JUDGMENT FOR PLANTIFF”
Today I sat in on a case that was contested, the defense attorney got the banks rep to admit they had accepted payments after they filed their action and admit the case was wrongfully brought to trial but the judge said JUDGMENT FOR PLAINTIFF before anymore words could come out of anybody. SHE HAD BEEN GLUED TO HER COMPUTER THE ENTIRE TIME AND YAWNING, HADN’T HEARD A SINGLE WORD, and after everyone left I approached the podium and told her I could not believe what she had just done and she had made a terrible mistake and she told me she would not discuss the matter with me. There was another witness, plus the defendant and her – very bright – attorney.
I am filing a complaint with the Judicial Qualifications folk and motioning for an immediate restraining order preventing this judge from hearing any more foreclosure cases.
Folks, these are powerful people. We talking about it accomplishes NOTHING.
I AM aware that other counties are following suit. Besides destroying our economy and standard of living and future for ourselves and our kids…THIS IS DESTROYING OUR JUDICIAL SYSTEM !!!
PLEASE join with me & pitch in time and effort doing PRO-ACTIVE THINGS T O G E T H E R …
please e me at reachth@yahoo.com or call me at 954 882-0009
I would say unbelievable but it’s not at this point. Our main weapon is public opinion and the fear of bad publicity and it seems the time is now or never. I’ll follow up tomorrow or over the weekend as I try to catch up.
The attorney in this case has also been working on several different cases, one other that seems of some importance would be dealing with whether or not non-judicial foreclosure is constitutional or not. Also, seems as if he is on a mission to make the trustees responsible for their bad behavior.
In this world we are living in it takes money to do most anything. That Lisa and Michael liened on Carol Asbury and Lynn should not be held against them.
I think they were as surprised as us how those connections turned out.
Several techs from my cable provided told me that on different occasions. If you have enough money to spend it is not difficult to have a second computer using ones ip adress that can control and interfere with the privacy of ones computer no matter how much security you have. Banks in particular employ hackers to protect their own information and these techs are very knowledgeable and know how to get around all the tricks of the trade.
Don’t tell that to Bobbi swann and yes any house that Fannie Mae or Freddie has infected has clouded title but of course they will squash that in the fort if they can get away with it
When I would complain to bondi’s website I would not even get acknowledged pretty much the same way Chase is treating me now. They will not even speak to me on the phone because of “pending litigation” they claim
It’s better to take it if it is affordable for you and argue the rest in good time. If you do owe the amt they r saying better to pay than not. It will give you peace of mind
How will he have peace of mind if he agrees and the title is all screwed up?
Bobbi Swann
April 10, 2014 at 12:12 PM
@ hammertime – my sentiments exactly! What good is a paid off mortgage (if we ever live long enough to do so) when the title is ‘clouded’ and the chain of title is broken? Conveyance is nearly impossible which would impede any sales of the property or even additional financing in the future. This is what most people don’t understand about title problems. All these people who got modifications are living a lie! Yes, they got to stay in their house as long as they were paying but the minute they try to refinance or sell that’s when the shit hits the fan! And where or what are the ramifications for this clouded title at that point? NONE. All the rights of the borrower were relinquished at the signing of the modification. Don’t people understand that the push for modifications is NOT in the interest of the borrower, but for the bank. It allows the bank to stay off title as in foreclosure and keeps the risk to the borrower FOREVER. Why do you all think the banks don’t want to take title on all these “zombie” properties sitting around the country? Because if they do, they also take on all the title issues and become liable for the broken chain of title. For God’s sake, chain of title is the base of land transfers. I now have title companies that will not insure title beyond the present buyer. Why is that do you think? Liability maybe? Quite so. So, live it up for those of you with modifications because you just transferred the liability from the bank to yourself. (besides the fact that you have modified a mortgage that was never perfected in the first place).
hammertime
April 10, 2014 at 5:04 PM
One of the basic truths in all this people have a hard time wrapping their minds around. No disrespect intended; it’s the mindset we’ve all been pressured to accept. But it’s very basic. Why do we fight tooth and nail over a dmv bill or an IRS receipt but we accept that our mortgage and title is no big deal! I almost fell for it myself when I was told there was a reconveyance done and there weren’t any other creditors pursuing payment so no problem! Black’s dictionary I believe defined a reconveyance as having requirements such as an actual payoff and delivery of the paid off note. I never received the paid off Note when I requested it since before the first payment and before I knew a thing about securitization. 6 years later Chase admits by right they need to provide a paid off note and the homeowner bill of rights now require that recorded documents require reliable evidence; even if a watered down chain of title. Still, like Tom is seeing, the lawyers, agencies, courts are still saying it’s just about the payment. If people give in now with these tools it would be a shame.
Well, I have officially sued judges of Broward, 4th District Court of Appeal, our State legislators and Pam Bondi – now to do depo’s and try for injunctive relief in the form of CHANGES. These people owe us a duty, and they have breached that – let’s see if we can get action.
I will post my Complaint on casediscussions.org
anyone want to do conference calls, and have ideas on my suit, let me know at reachth@yahoo.com
It is not paranoia with me my computer with all security completely freezes and sometimes when I start to type the page moves all over the computer.
Astoria hackers get around this by having a second computer set up on Astoria property. It is not only my computer but my house phone and cell phone that they are hacked into,
Tom
I did and they told me a sign of hacking is when the page moves all over the computer it is hacked
hammertime
April 9, 2014 at 4:30 PM
@ marilyn. that doesn’t sound right. Page moving could mean alot of things such as bad video. Which tech support did you call? I would suggest you get to a stable point by backing up your data and wiping out your system and start fresh. When you’re on the internet try to use a separate system or different login from your important data and log in with low permissions.
I had a suspicious? experience with Szymoniak’s site. I had contacted her site which was initially to be about helping homeowners I recall and the next day from what I remember the story came out that they had unsealed the case files and the homeowner was filing against her. I described possible false claims in my case and in February she was part of the False Claims case against Chase it looks like, very strange, coincidental?
Tom
I typed in a site called” Similar Sites” to foreclosure fraud and found there is a lot of competition
among them. Among them Lisa, Michael, Neil, Matt and even dinsfla the one I think who is suing Lynn.(is dinsfla and damian figueroa the same person?)
So you and everyone has to keep going straight and doing the right thing. I noticed a lot of the people bad mouthing Lisa or Michael or any of them are their competitors.
Maryilyn Lane, were you able to read the article I posted about Lynn? I hope it was helpful because it seems a lot of people were wondering what happened to her.
I am Marilyn Lane the artist from till New York City also known as Helyn Mann of the Washington Sq. Outdoor Art show for over forty years, and that was till Astoria Federal/Fidelity NY FSB fraudulently auctioned off my two nyc Condos with Void Ab initio judgments to straw buyers one
Cheetah Realty and one Fang Li that started flipping them
.Cheetah flipped to a Ileene Marchena who doubled the price and flipped to her brother Antonis Marchena title insured by none other than the infamous Fidelity National Title
Fang Li with her fraudulent Title flipped to Frances B Turner who could not obtain Title insurance by her attorney so her attorney David K Fiveson made up the sham name of Coronet Title.
Had i had an honest judge this whole fraud would have stopped then but I had judge Alice Schlesinger od NYSC who would rather take a bribe
dont kno Marilynn, she/he went off on me about the computer too. I guess we should stay on track of why we are all here in the 1st place, but its getting very frustrating trying to communicate here when it acts up for whatever reason
Does this Bobbi Swann have any connection to Bobbi Swann the Real Estate mortgage Broker or Bank Loan officer from Clearwater Florida.?
Bobbi Swann
April 7, 2014 at 5:47 PM
Marilyn Lane and anybody else that wants confirmation: Yes, I am the Bobbi Swann that is a Licensed Mortgage Loan Officer. I do NOT work at or for a bank. I am my own boss and I work for myself. I am licensed in the State of Florida and through the NMLS which is the National Mortgage Licensing Sytstem. And for the record I choose NOT to do business with certain entities such as Wells Fargo, Bank of America, Chase, Suntrust and a few others that were involved in the mortgage fraud settlement. I do strictly Fannie/Freddie or FHA/VA guideline mortgages and I have NEVER done the ‘goofy’ mortgage programs from the last 7-8 years. I also do commercial real estate financing as well with my background as a commerical loan officer and property management for the RTC when it was in existance. I might also add that I have been in this business for over 40 years. I also assist others in preparing materials and documents for foreclosure fighting in the courts against the Plaintiffs. I attend hearings for those in foreclosure representing themselves Pro Se as the defendants and I spend a great deal of time at the law library. So now you know…..is there anything else you want to ask me? I don’t hide behind some internet name. So are you the Marilyn Lane that is the state rep for Michigan or are you the interior decorator from Sarasota, Florida?
Oh My God! Some of you are allowing paranoia to overtake sensible and reasoning. This site is not taken over by the banksters; nor was it started by the banksters. The site may be monitored by some of the lenders but highly doubtful that they can overtake your own computer or manipulate your own PC, laptop or whatever. The internet, as a whole, is becoming overloaded and you would know that if you ever watch some of the discovery channel or the other informative channels. I’ve said this before, but if you have more than one program on your computer for scanning antimalware you are creating a conflict that can actually do more harm than good from our own source. We all know that some of the bankstas are within these sites and if you use good common sense you can pick them out. Some that have commented here I know are just that and I don’t pay much attention to their comments. For example: we all need to pay our mortgages and paying them what we owe is the correct thing to do. This line of reasoning is only coming from a banksta…..You all need to be vigilant in disecting what is good and what is evil. Most of you are over-reacting to stimuli that is just false information.
With all due respect Bobbi Swann…..the internet can be manipulated, hacked, infected and following every single step we take and every key we hit on our keyboards! I even get “audio” for quick moments with voices???
HELLO!
So, who knows who is looking at “US” at any one time…maybe even looking at your face right this very moment as you are reading this!!!
We, under attack by the illegally operated BANKS, are fighting back and sharing our horror stories with each other on these site’s because the BANKS own the Courts…the Media and the entire corrupt Government so we fight this battle under the radar and share our united knowledge! I just totally disagree with what Bobbi wrote…WE ARE UNDER ATTACK and FIGHTING BACK and “they” are watching us react to being under attack! Just sayin:-)
Bobbi Swann
April 7, 2014 at 2:22 PM
Those recordings that you are hearing is because you have not set your computer correctly for allowing ‘ads’ to come in! You can stop those. I would suggest you get some help from a reliable computer programmer because if those ads are coming in you are allowing all types of malware in as well. Your computer is like a door to a room (the room being the internet) and if you don’t put up filters in front of that door you are subjecting yourself to vast evildoers! Oh and by the way, if you have built in webcam on your computer you need to disable it otherwise you are allowing others to view you. Webcams are the ‘eyes’ of those hackers so close it. You mean to tell me that there are no computer guru’s on this website who can validate what I have just said????
The least you can do ldynps is verify what I say instead of shooting back that you disagree within a few minutes…..I simply ignore and delete the rantings of nonsense when I see them.
Completely agree. I may have contributed to the paranoia jokingly as I had the missing keys phenomenon. Mostly an issue of performance. At this point the cat’s out of the bag what are they to gain from “spying” on these sites. The sky is falling brain washing of past 30 years seems to have hit here.
Bobbi Swann
April 8, 2014 at 3:39 PM
@ hammertime – good to know that there’s still some out there with a brain (that functions in reality). I, too, am wondering why there’s not been very many postings by this site as there used to be. However, I will take the road that maybe, just maybe, they have jobs and lives to live now that the years have past and time spent on this site has somewhat been more of a heavier load. I did read that their sponsor ended up in jail since the site opened so it may be a financial burden as well. People forget that there is a cost to keeping up a website and we should all remember that nothing in life is free! Cheers!
Tom .
I was able to reset my password last nite.
When I first discovered Foreclosure Hamlet I had experienced the fraud
going on at Fidelity National Title and Lisa was onto the fraud of another title company.
I feel kinship for Lisa and would have loved if she had become Count y Clerk and think
is would be great for all of the people in Florida.
Honesty has a lot of enemy’s especially when they can be anonymous on the internet.
lms53 says:
April 7, 2014 at 9:52 AM
tom, how do we know that it wasn’t the banksters tht started this site so they could have 1 up on the consumers whose home they r tryn to steal
Reply ims53
marilyn lane says:
April 7, 2014 at 12:37 PM
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit they .have to make amends for all these people losing their homes and do the right thing it is going to get worse for them. Fining them and making settlements isn’t helping the people who lost their homes and suffered
Tom Heinrich
April 8, 2014 at 9:19 PM
Mike Redman and Carol Asbury were the hardworking pioneers who made
4closurefraud a wonderful source of up to date information in the early going. The banksters neither started it nor liked it. It certainly doesn’t have the oomph it once did and has become very commercial, and half my posts don’t get posted, but anyone who is making it possible to communicate and share knowledge gets my respect !
5% fixed, lots of conditions….. payments about 20% a month more than my actual scheduled payment – it’s good if I still owe money, but if my loan was actually settled and satisfied and there IS no balance remaining, then no
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on in getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
attorneys
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit we have to make amends for all these people losing their homes and do the right thing it is going to get worse for them.
IMMEDIATELY AFTER (one and a half days) I put up the website http://www.closewellsfargo.com I got a call that a loan modification was approved for me and it would be overnighted to me…that was on Friday. SATURDAY MORNING around 10am there was a knock on the door and a FedEx delivered the modification contract to me.
tom, iwas looking for the florida bill you mentioned, but no mention of it anywhere, where can I read about it and yes Marilyn, not surprised. there is definitely something up wit 4closurefraud.com
It was introduced by Soto..just go to the Florida Senate site and enter Judiciary Committee and you will find it…SB 0126, or call his office and they’ll be glad to send it to you and tell you how you can track it . It should be easy to find…its the only bill Florida is even considering this year sadly so far, and there’s only a few more weeks in the session.
Can anyone tell me why some of my posts get posted on here and others require approval first ?
Have the people that started these sites disappeared ? I get no responses from them and the same from Lynn Syzmoniac…where has everyone gone
Hamlet was down for a bit
Tricia
April 7, 2014 at 1:13 PM
I don’t know if you will get much of a response from Lynn Syzmoniac..she is in a bit of legal trouble herself for taking information a supposed client gave her and starting her original law suit. Read an article about it not that long ago…I will see if I still have the link.
Well this is very interesting….very interesting….and of course highly illegal
I pride myself on carefully planting the information I want people to have, so it’s not too difficult for them. HI HOMELAND SECURITY !!! They have taken over a lot of the classic entities to free them for other things…like eventually putting the banksters in prison for awhile !!!
Fortunately, I grew up in the age of communist cell groups and learned how they operate, , as well as our own intelligence agencies, , …info coming in from LOTS of sources and the sources checking on each other. I’ll be glad to tell you how this all works but it would be best to have our OWN at this point, because we are owed a ton of money if they ARE spying on us.
I’m proud to say Wells Fargo just dedicated two servers and a few people to monitor the web because of my activities, and others since I am FAR from being alone…they finally caught on they are vulnerable at this point and are getting a little paranoid.
But the last thing we want is for anyone to think WE’RE paranoid. I highly doubt they are monitoring our telephone calls and emails, but just to make sure they AREN’T, lets just check it out. We can either rest comfortably, or file a hellacious civil suit and collect some nice financial rewards from them…who’s in.
* The banksters are already figuring they are going to pay out about a half years income from all this btw..Those are THEIR own figures…I bet they’d like to know where I came up with THEIR inside information. I LOVE INFORMATION, don’t YOU ??
I guess when I put up http://www.closewellsfargo.com they figured they should pay more attention to what the people in this country and the world are doing and thinking.
The World Court COULD put the International Banking Cartel out of business. We just have to worry that both political parties don’t put up two insiders in 2016 – what is currently planned is Jeb Bush vs Hillary, and Jeb wins. They should be more careful about who they let into their meetings.
…………………….
“BANK TECHNOLOGY NEWS
by Mary Wisniewski MAR 27, 2014 3:52pm ET
…………….Wells Fargo has set up a command center to better monitor social media sites. The nation’s fourth-largest bank recently set up a war room in San Francisco — and a backup location in Charlotte — where employees sit side by side to watch eight large screens that display Tweets, Facebook posts and other social media content published about the brand. Its two command centers are staffed five days a week, 12 hours a day while the bank also deploys tools that moderate mentions of its name around the clock. “
I would be with you tom, I just don’t know with so many higher ups involved in the corruption if we alone are enough to expose the truth and it is all about the money. until we get a new govt (and then you don’t know) they are all patting each others backs. all the immigrants that came here to escape the suppression in their countries really don’t find it that different here. They despise obuma
The proposed law would not prohibit foreclosures, just penalize anyone using fraudulent documents.
Right now, Florida courts are making special exceptions to the rules governing due process and evidence for the banksters. They are aiding and abetting criminal conduct. In doing so, they are violating your constitutional rights. Pam Bondi has also violated the duties imposed on her, aiding the banksters that pay her to do so through campaign contributions.
David J. Stern should be facing criminal charges and standing trial…by we citizens. He is not.
I am suing the 17th Judicial District in Florida and Florida’s 4th District Court of Appeal, seeking Declaratory and injunctive relief, while I am working with legislators, journalists, and law enforcement, trying to get cases to the Grand Jury to try to remove some of the law breakers and criminally prosecute the worst offenders. Pam Bondi is one of my defendants.
I WILL NOT BE SURPRISED IF ALL THIS WINDS UP IN THE WORLD COURT. It is possible the United States will face sanctions, and unfortunately they are deserved. The Obama administration is complicit BIG TIME. If you knew the background of Timothy Geithner and Eric Holder, you would throw up. UP TO THEIR EYEBALLS. PAID LACKEYS. They need to be removed or correct their own wrongdoing. You know who can do it ??? ALAN GREENSPAN
And let there be NO confusion…it was BILL CLINTON who allowed…and recommended…the big
banks ‘be allowed to do WHATEVER they want.’ He put ethanol in your gas and mercury in your light bulbs. He has become one of the richest men ( and having one of the richest wives ) in the U.S. cutting deals. What do you expect from a country that carries suitcases of cash into countries to buy friendships and get favors. IT’S ALL ABOUT MONEY.
……and what is WARREN BUFFETT doing hanging out with the likes of the “Wells Fargo Boys.”
He could single handedly shut this operation down himself. IF he wants to know how, he just has to call me. I could turn this … and our economy…AROUND IN A HEARTBEAT.
America has a Secret Weapon. Its the good-heartedness, motivation and determination of its people. Some of the most talented in these areas are our most recent immigrants.
STOP all foreclosures right now. People pay what they can, and if they can’t afford interest only at 2% on the balance, they put the property on the market for six months and sell it at MARKET PRICES…NO deficiencies, or deed it back.
Put the homeless in charge of cleaning up and cheery-ing all already foreclosed homes and properties.
Everyone gets 2% loans to improve their homes and businesses up to ten percent of their TAXABLE income for 2013.
New business startups pay NO taxes or fees for the first three years. NONE
There have been some great ideas that show with just a fraction of the $15 TRILLION the banks were allowed to benefit from taxpayer money, homeowners and our economy could have been saved and still can be. Instead, they try to be tough and bully the little guy, veterans and grandma and grandpa and want to moralize about austerity and only letting “responsible” homeowners benefit.
What you propose would be real capitalism at work but the average American is being hoodwinked into allowing socialism for the elites as we get robbed blind.
I would just add you have to go back to Reagan and the Bush/Clinton dynasties of the past 35 years that we can’t allow to keep going. Things went on steroids with the Iraq War and Foreclosure Phil Gramm and his wife sneaking in the casino of derivatives etc. I read somewhere that Wall St profited over $40 TRILLION. Don’t know if that’s right but if loans are being fabricated or re-sold over and over again it just may be true. I’m very split on the President. If it weren’t for him we wouldn’t have had the robosigning scandal come out like it did. I actually wrote the White House web site and actually got a response some movement.
It’s either there’s too much money in the system or he probably needs to hear more from us and the American people need to get their heads out of the sand. I thought there was hope he could break the Clinton/Bush mold. Maybe after the health care focus and if these war crises settle down he can get turned around.
warren buf fet is cashing in on the real estate deals now. bershire Hathaway has gone into the real estate business. he is nothing but a opportunist cashing in on other peoples losses. watch the market now. the new trend is bundling up rental securities and selling them. this crap will never stop, the rich get richer cashing in on the losses of people believing in the American drempt!!! that old fart should be ashamed
the modification I received was definitely fraudulent. I have been under duress ever since . I thought we had a mutual agreement back in 2010. this is what the class action is about. if I don’t get justice with that, I have plan b ready to go. I am not going down with a foreclosure on my record. Where can we read about that bill introduced tom, . that would not allow the servicers to foreclose right?? even though they are one in the same. they need to expose “fannie mae and Freddie mac”
2,287 days after my last payment supposedly came due, I am told verbally I should receive the actual paperwork and terms tomorrow, Saturday. FUNNY HOW THIS COMES TWO DAYS AFTER I PUT UP A NEW WEBSITE… http://www.closewellsfargo.com
lms53, I am VERY aware of the tricks these institutions (ALL of them because they are in reality one and the same entity, whom I refer to as the International Banking Cartel ( I also coined the term “Redlining” back in 1968 ), and THANK YOU FOR REMINDING ALL OF US THIS PARTICULAR ONE. The Banksters use every device they can think of to get you to re-confirm and re-admit the debt AND the balance and collect interest upon interest.
Fortunately, I have been taught by some of the best – THE BANKSTERS LAWYERS – on how to recognize and use the law.
They use these ‘trial’ modifications to keep you IN foreclosure, COLLECT MORE MONEY FROM YOU WHILE KEEPING YOU IN FORECLOSURE, and for you to CREATE NEW DEBT !!! Did it with the help of their lackeys in government.
Unfortunately for them, a contract where parties do not have bargaining power is called a contract of adhesion…its unenforceable, check with your attorney. ALSO this type of mod is done UNDER DURESS. Unenforceable. What you WANT is a permanent novation of your mortgage.
I’m keeping them IN litigation, in fact I have dramatically expanded it. Yesterday I discovered that HSBC as Trustee can NOT FORECLOSE ON ANYTHING…they don’t exist. HSBC sold off their Trustee activities a long time ago to Alliance Bank. All these foreclosures should be set aside.
I want all of you to work with me to get things done. Thanks to a consumer-friendly state senator ( one of VERY few in Florida ), SB126 has been introduced, and may even become effective on July 1, 2014 if everything goes right.
The “Florida Mortgage Collection Fairness Act” will SPECIFICALLY prohibit a mortgage collection firm from offering false evidence in a residential mortgage foreclosure proceeding and provide that a violation is a Deceptive and Unfair Trade Practice, providing penalties and remedies including attorney fees and costs, etc.
It was introduced on 3/4/2014 and is in the Florida Senate Judiciary Committee.
Everyone needs to CALL AND WRITE every Committee member, and EVERY Fla Senator and State House member of Fla and demand they pass this bill and do it as an emergency measure – it will prevent false things from being introduced on PENDING cases as well.
Great info Tom! It seems the lesson is you can negotiate for a mod while reserving your rights. Goes back to making sure you understand what you’re signing off on and don’t ignore your titles issues etc. People that don’t have a homeowner bill of rights should be bombarding their reps no matter what party.
thats good about a modification for you tom, I hope it is a fair resolution, unlike mine. they like to add on the end and defer the back end amount and when you sign the modification, the deferred amount term changes to principal so beware. I had a small victory in court this morning. Ill take it! also hammertime, watch those computer keys because I noticed on the court order this morning that they do have my email address as contact information so if any of the attnys have your email who know if we are being monitored. everytime I am here, I have problems with my keys.
Good to hear. It seems things get screwy when I’m on Windows although yesterday didn’t seem to be the usual drag. Maybe I’ll send the webmaster on here a note. To track specific individuals has to be a violation of our rights.
This world can be made a lot better if EVERY instance of wrongdoing is documented and brought before people who can right it, and do it quickly. Courts should be places you can just walk in and say “I have a problem” and they say “Let’s see what we can do about it, and cell the other party.” That’s what mothers do when their child has a problem as a toddler…but NOOOOO as adults we have to create a WHOLE INDUSTRY, called the “JUSTICE” system that enriches the CONTROLLERS of the” Justice” system we call “lawyers” HAVOC FOR EVERYONE, and RICHES for THEM and their friends they act to launder money to – and that’s exactly what The Supremes have done…..make it even MORE OK to launder even MORE money. YIKES
I am in the process of putting together a Case Discussion Network, where we can all do phone and/or video conference calls on a ongoing basis and educate and arm ourselves and others.
I’ll give you the website over the weekend.
Regarding MY case, the wrongdoing just gets WORSE and WORSE…I had a hearing set for Monday the 7th, and it’s JUST DISAPPEARED..gone, zilch, nada. Trial still shows set for April 23rd -, however I was JUST notified that Wells Fargo has just approved my modification, so maybe the foreclosure case against me will soon be over and I can just continue suing everyone !
As for this wicked ruling by the US Supreme Court , we citizens can band together and defeat it
and save our republic by NOT VOTING for any politician, judge or whatever that raised more than one thousand dollars.
Exactly, Marilyn. Voting with your checkbook is the free market way of effecting changes in our society. I heard there was a grassroots group working on starting a non-profit media center that will provide equal access for all politicians to promote their candidacy and for all citizens to provide feedback and interact with these candidates. Then we could collectively decide to elect only those who were willing to participate in that public forum. We have the power, just need to organize. Glad to see your post.
When you talk to law enforcement, give them a usb stick with all the docs, in addition to printed copies….yes you will get an Oh, Shit look. These things do have a life of some sort, and they will work their way to a prosecutor. The world is just becoming familiar with the term wrongful foreclosure. Let’s put them all in jail!
I see where you posted a Justia review, Justic does not maintain complete truth and honesty in their analysis I see what they did with my case. No where do they mention that all this fraudulently transfering was done with void ab initio judgments/
Tom
Thanks.
. This leg of my fight has been since 2008 when Judge Alice Schlesinger sided with the corrupt debt collectors Mullooly Jeffrey Rooney and Flynn and with the corrupt NY court referee Penny Stark that pulled off the original fraudclosure in 1997 by hiding my four mortgage checks and lyingly said I defaulted.
The bank Astoria Federal S & L/Fidelity NY FSB somewhere between 1997 and 2008 replaced corrupt MJRF with a lawyer Mr Arthur Walsh of O’Reilly, Marsh & Corteselli who looking
at how my two condos were fraudulently auctioned off with void ab initio judgments dated June 30 1997 to a team of organized thieves, straw buyers and Fidelity national title insuring one of the titles.
stated in front of judge Schlessinger Its indemnify indemnify indemnify
have court tomorrow and banks attnys are trying to dismiss with prejudice the defenses and counter claims my ex-attnys filed yes I did say ex attnys who milked me for a few thousand claiming that would defend foreclosure and modify me. tom, you may have heard about mores DuPont, sheisters, I got a modification thru NACA and they tried to claim credit for it so they could get another 3k out of me. wow! needless to say I would die before paying them. they did not even show up for court and have given away some of my defenses. there are mills that represent the defendants too and stay clear of these because they will suck you dry if you let them. wish me luck tomorrow, if it goes awry I have an attny on stand by. the banks attnys are still pursuing foreclosure after they have been informed that I am part of the class action chasemdlsettlement. they obviously do not care. I am winging it and fully intend to let the judge know about the class action. I have spoke to the plaintiffs attny who are representing us that were wronged with their bogus loan modifications and was told that the bank cannot even pursue foreclosure until after this settlement is finaled in May. the settlement says that we should be offered modifications and cure any delinquencies. Yet, the banks attnys have ignored this and are still pursuing foreclosure. I will be considered verbally armed and dangerous tomorrow as I refuse to let these attorneys weasel their way thru foreclosure and discredit my defenses. Wish me luck!
Even though CA and non judicial good review if you don’t have it.
“We analyzed the subject loans to determine the mortgage industry’s compliance with applicable laws. Specifically, we focused our analysis on important topics relating to six Subject Areas:
Interesting case I’ve reviewed before with great citations. Looks like they survived the dismissal stage but lost the summary judgment. May seem obvious but comes down to your argument and the PROOF. That’s why you gotta do your homework even with lawyer, audits etc.
From first round victory to not be dismissed
p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.
Here’s an extra weapon for your arsenal’s. I think what is occurring with me is the case with everybody. First the background…
… The “PLAINTIFF” in my case is alleged to be Deutsche Bank National Trust Company. I did a little research and tried to find this “Trust Company” and could not. I even went as far as to speak with the “legitimate” Deutsche Bank to find out if there were any connections between the two and there were not.
Here in Florida pro se litigants have the right to speak directly with their accuser and bypass their accuser’s attorney’s. Therefore I called the lie-firm that is alleging to have been delegated authority to represent the alleged interest of DBNTC in my case and I spoke with their liar and asked her for the contact information to the registered-agent of their alleged client. The liar freaked-out. She began to stutter and in the end belligerently refused to provide the contact info to their alleged client.
My wife and myself wrote affidavits witnessing what we experienced in this call with our alleged accuser’s representing counsel and via-email we contacted the “Secretary Of States” of Texas, California, New York, and Florida and asked them if there was a DBNTC registered somewhere in their State that we couldn’t locate to which all of them replied, “no.”
So then I made copy’s of these e-mails with the Sec. of States saying there’s no DBNTC registered in their State and I filed those e-mails along with my wife’s and I’s affidavit’s and a “MOTION TO PRODUCE.” Produce the contact info to opposing counsel’s alleged client.
I put on the record that the “PLAINTIFF” in my Instant Case is a construct of the lie-firm in a scheme or artifice to defraud. ————————–
So that was that. In a crazy over an hour war in the court room, this motion of mine was struck. But regardless, “the evidence controls the case,” and the evidence in my case shows that the Plaintiff does not exist. There is absolutely nothing filed in my case by opposing counsel rebutting this claim of mine.
So I am currently in the appellate court over this ruling. I’ll let you know how it turns out but my point of all this is that I am willing to bet that the PLAINTIFF in all these fraudclosure cases is not who is styled in the caption. All these banks and trust-company’s are required by law to have a registered-agent. Get the contact info for your PLAINTIFF’s registered-agent. If you can’t, then your PLAINTIFF is not your PLAINTIFF and there is fraud upon the court brought upon by the opposing counsel. No PLAINTIFF no case.
yes hammertime we have to keep our faith and moral compass, because whatever situation we find out selves in, the outcome will only strengthen us, but that doesn’t mean we have to give up our fight for what is right and we know that truth will win, we just don’t know when.
Tom
Where are they looking at the dirty judges If in New York I suggest David B Saxe of the 1st appellate division and go back to judge Alice Schlesinger illegal ruling for a Void Ab initio judgment. prohibited by the Supremacy clause of our US Constitution.
Please provide any and all information you have to:
Your local law enforcement agency;
Your County Attorney (although that’s supposed to be done by your local LEA but isnt always):
Your State AG;
DOJ;
Federal Reserve;
OCC;
FDIC;
CFPB;
Interpol;
and GO to your local FBI office and meet with them and hand deliver what you have to them.
THEN
your local newsapapers.
your local radio stations.
Call in to talk shows.
But MOST importantly, arrange a face to face with
your State representatives
your U.S. Congressperson
both of your U.S. Senators
don’t expect to actually MEET with them, but get as high a ranking staff member as you can in Constituent Services.. Take them what you have but before write a confirming letter and put all your information in it as well. ASK FOR THEM TO INITIATE AN INVESTIGATION and to REPORT BACK TO YOU N A REGULAR BASIS.
Now you might ask..whats the point.
The point is if you DON’T do these things, you’re not a good Citizen. AND you’re helping to perpetuate the problem and allow it to go on and likely get WORSE.
On a practical basis, you’ve done all you can do to the wrongdoers and they have no reason to come after you – knowing what will happen to them if they do.
Realistically, don’t exepct anything…right away.
Here’s what you’ve done. PUT IT IN THE SYSTEM. Eyes will be directed in the right places by SOMEONE ( or more ).
Don’t think you’ll be welcomed. You won’t. No one wanst to have more work piled on them, even if they are bhonest. But some of these might be DIS-honest. You’ll be on every list you can possibly get put on. That’s not bad ! ALL THE INFORMATION YOU HAVE PROVIDED GOES INTO A NUMBER OF DATABASES. You have no idea what they ALREADY have. But the FIRST thing that will happen is the person and entities you give the information will find out immediately. I believe the response you can expect internally quietly will be “OH SHIT”. There may be just a hint of sweat.
These evildoers as George W put it, were planning on getting away with it until someone told them they couldn’t. Happened with Madoff. Happened with Rothstein. Happened with many others who thought they would never get found out, or if they did they could live with being incarcertated in a comfy fed prison/resort, and wealthy beyond their dreams when they get out. That will probably happen. If you want to get sick to your stomach, look up all those who have been convicted before, how little time they spent, and how comfy they are NOW.
What you want is to change the system to the good. Life is change and evolution…look at the HUGE changes in our financial system just since 1850 !! Just since 1928. Just since 1960.
Just sine 2007.
Then think of Alan Greespan and his beauty young wife and rose petals…and his famous last words….“IT WILL HAPPEN AGAIN”
That’s because it’s all planned.
You can’t do anything, but just a small bunch of us can divert the otherwise inevitable.
The truth is, everything is out of control…things being “OK” is really only an illusion. Look at what a few seconds in Dallas did to change the course of history. A few hours did on 9/11.
There are nukes pointed at us in North Korea, and soon from South America ( I hope you know Russia is busy building military bases in a half dozen South America countries .)
And nukes from China and Russia, too.
Be prepared to use something OTHER than the dollar if we implode all the way…thatsb why Obama build aso many HUGE incarceration/”relocation” camps. That’s why so many bullets are in the hands of “Homeland Security” (OUR SECRET TAKE OVER POLICE).
I’m AN OPTIMIST AND I ENJOY EVERYTHING..especially CHALLENGES.
But mostly, value those who share your ideals and goals..because someday we WILL inherit the world…from the bankers who own it now. There are good people in all the above I have listed, you better believe it, but there are plants, too.
hammertime, servicer is another facade. the idea is to shift the liability. Its like the game “twister”. that way they do not know where to pin the liability. they knew very well how to manipulate the system so that no one particular entity could be blamed. besides if one of a banks service is to be a lender, why wouldn’t they be set up to service it as well. How can the same bank be a lender and not service what they lend. Apparently these banks never did their due diligence as a lender because they knew they were going to sell them as quickly as possible. it was a big con as we all are aware. I don’t see how they can be a servicer and a lender in the same entity period. Believe me, don’t try to make sense of any of it, because it is all bullshit and they got away with it and continue to do so. we are slaves to these satanic lenders/servicers and until we get free, however and whatever that takes we are going to be continuously tortured by them
You said a mouthful! Funny you mention satanic and I was taken to the League of Angels link. Some temptation there! Actually my faith has saved me from being tortured. It took a while and not merely as Christian/Catholic but Garfield talks about the loss of our moral compass as a nation on this issue. There have been some really good sites I’ve come across that have a spiritual side to them. In the Bible Ephesians 6 and Psalms 37 and 119 have been inspirational. We can figure it out if we have conviction and believe in our core values individually and as a nation. With faith anything’s possible no matter our individual outcome. We can’t judge each other but we can try to do our best to bring out the truth and justice. I see it more as the emperor’s wear no clothes and it’s the evil of the few that has everyone with their heads in the sand. With faith and doing the right thing it can turn around and believe it has to some extent even if at times it’s like torture. Keep the faith!
guys, the best defense is to pay. as we all know, if you don’t pay you don’t stay and that is what the courts hate more than anything is a non payer. we all know the paper work is bogus and the banks lawyers are liars, but these low level judges hands are tied. As someone on this website told me, the day that we defaulted and believed that the govt plan would help us out was our mistake and now we have to deal with it and the banks are trying to clean up their mess however they can. the Obama program was bogus from the start, but so many people got screwed that at some point, it should be made right. we here on this website don’t know each other s situation, but when you try and try to do the right thing and nobody cares and they just stick it to you harder and harder, believe me I understand what we all are feeling and going through and every one here is working so diligently to make it right. I just hope that we are all wanting the same outcome and that is to pay a fair/reasonable amount and live our lives out in our homes that we are all fighting so desperately for. get yourselves a crooked lawyer as the banks have . these guys/gals enjoy a good fight and as tom says keep a close eye on them and don’t give up your rights and pray the outcome will be in your favor. thieves never win and as the saying goes, every dog gets their day and believe me they will. I truly believe it and you should too. this website is a good vent and knowledge, but really where do we go from here. it is every man/woman for them self and their situation and a never ending court battle needs to end with some type of negotiation with the court so we all can get on with our lives. I don’t know what everyone else is expecting here, but I just want them to let me stay in my home and pay them a manageable payment like the one they gave me with the modification they reneged on back in 2010 and I am counting on the chasemdlsettlement.com to make that happen..
It has been 2222 days since my last payment was due which I paid. On instructions from Wells Fargo I stopped paying until they provided me the paperwork to continue my payments under a fixed rather than adjustable rate – which they still haven’t except for ONCE when they gave me ONE AND A HALF DAYS TO ACCEPT new terms that included a huge bunch of additional fees their attorney (big corporate guy, too) admitted they had NO idea where they came up with those inflated numbers, WHICH I OF COURSE DID not AGREE TO ( sort of like a mugger asking for a specific amount of money from you rather than for ALL your money, so they have the defense that there was a verbal agreement of the EXACT amount of the gift you made to them and it was a voluntary “transfer” – [assuming the mugger has the same attorneys as Wells Fargo])
Which brings us to my original lender, whom I have accord with and who seeks no further monies from me in return for my not suing them, which leaves us with WELLS holding me in foreclosure wrongfully for SIX YEARS tomorrow.
I don’t know whether to put SIX candles on my cake, 2,222 or 2,228.. what do you think..
Now, Wells has broken a number of collection laws (no surprise THERE !)… at $200 a day for 2,222 days of holding me wrongfully in foreclosure, that’s $444,400 I claim they owe ME !!! Not bad considering my loan balance was about $85,000 before all this began. That’s 2,222 days from when my loan was supposed to have a zero balance.
I AM ACCEPTING APPLICATIONS FOR JURY MEMBERS … anyone care to apply ?
I. FORECLOSURE AND BANKRUPTCY INFORMATION AND DOCUMENTATION.
Unless otherwise specified, these provisions shall apply to bankruptcy and
foreclosures in all jurisdictions regardless of whether the jurisdiction has a
judicial, non-judicial or quasi-judicial process for foreclosures and regardless of
whether a statement is submitted during the foreclosure or bankruptcy process in
the form of an affidavit, sworn statement or declarations under penalty of perjury
(to the extent stated to be based on personal knowledge) (“Declaration”).
A. Standards for Documents Used in Foreclosure and Bankruptcy
Proceedings.
P 100
C. Documentation of Note, Holder Status and Chain of Assignment.
1. Servicer shall implement processes to ensure that Servicer or the
foreclosing entity has a documented enforceable interest in the
promissory note and mortgage (or deed of trust) under applicable
state law, or is otherwise a proper party to the foreclosure action.
Hammertime, are we being monitored? it is so weird when you start to type and the letters are not there. I thought at first my keyboard needed a battery. also, re: the comment you made to tricia. my lawsuit is reading Jp morgan chase as the plaintiff which leads me to believe further that they are the note holder as well as servicer. met with an attorney today and showed them the class action. lawyer says we have a good chance that they will be forced to cure any/all delinquencies for giving us fraudulent modifications. Said there were big incentives for them to modify so they apparently did it long enough to get the incentive and then reneg.
Anything’s possible just like what we need to do on each of our cases we would need to go through a real troubleshooting. I get the feeling it could be the ads on the site combined with your own system and internet connection. I don’t have characters disappearing but I’ve lost posts esp if system was slow as with anti virus updating. Then again it could be the NSA! lol! I would look at how the whole note holder/servicer role applies in FL. But really look at when JPM came into the picture as JPM vs Chase Bank, or Chase Home Finance etc. So Holder of the Note can mean a couple of different things as can servicer so that needs to be nailed down as well as how the claims changed specific to your loan. Down to the basics don’t quote me is you can be a holder as an agent or as the beneficiary which I think is the key. That’s where things can unravel IMO. In my case similar to yours they said the investor would not allow the loan to be changed then they claimed they were the investor although they were the original lender as well? They will always say it’s allowed but why would you buy such a bad loan from yourself and still not change it? And if you call yourself an investor doesn’t that mean you must have paid something? I think those are the basic type questions that can be asked when people talk about following the money. But again no big theories and no big attacks. Again not advice just “thinking out loud”.
The laws are being violated and it just DOESN’T MATTER!!!! Please do yourself a favor and stop paying Attorney’s…you’re just paying their mortgage! The Courts are turning a “BLIND EYE” and are actually facilitate the banks!! Truth, research and laws are a thing of the past…sue the bank yourself!
Just got news the judge denied my motion set aside the default the judge ruled that the consent order striking the answer was valid and there was no legal basis to set it aside .Make along story short i paid a lawyer 3000 dollars down 1000 a month to to fight the foreclosure he called my wife told her that they would not foreclose for 6 month i was working out of town he never explained to her that he was signing a consent order basically letting them default on us i fired him because i did not like him and figured i could hire another lawyer and get more informed about foreclosure and the next 6 months would give me time to get my ducks in row to fight them we did not know that he gave up our right to have our day in court , I got letter of default i disputed it sent them a letter they told me my letter was untimely and by consent order the time for discovery had ended i did not know what that mean ti sent them some more letters did not respond then i got a letter for motion of entry for final judgement had 10 days to respond hired another lawyer short notice we filed answer and this is the news i got today .I Want to fight i know they don’t own my loan legal argument my loan was recorded in 2005 by fremont in 2008 they went bankrupt CMS sent me letters saying they were my new service . Count one of fraud never recorded any assignments at the county clerks office there no nexus from fremont to cms if someone has an interest in a piece of property they MUST recorded this interest on public record the law is very specific to real property 2 How could a company that went bankrupt in 2008 give mer authority to assign anything only the BK trustee could due that my trust closed in 2005 how could mers assign mortgage from a trust that closed years ago the promissory note must be reflected at the county records office and not with mers the bank must show perfection of the chain of title must be by endorsement with out recourse that was not done the assignment to foreclose on me was robo signed by tom croft they dated 2015 really in nj you have to have a affiliated signed saying the lawyer who is performing the foreclosure has talked to somone from your morgage company and they have review all the documents and that has to be signed by notary in order to foreclose that was forged she rubber stamped her name why would you go to notary and stamp your name i talked to notary in California she told me that is illegal you have to sign your name so know i have to appeal and try to get a new trial because of my lack of intelligence i did not understand was being done my due right were violated everyone should have there day in court i am so mad there no assignment to CMS the trust never named anyone that’s is names in the lawsuit before it closed they forged the assignment and recorded years after the originator went out business they have no standing have brought no paper to show they have standing to bring this foreclosure none only forged robo signed assignment how about rule 17 an action has to be taken in the real party of interest all i know now is that i am going to see that first lawyer tomorrow and theirs going to be problem he screwed me no Vaseline
You understand that if your lawyer enters an agreement to permit the foreclosure but to wait six months to give you time to move, that’s pretty much a done deal, case over, don’t you agree ? Theres nothing to appeal, is there ? You might have a lawsuit against the attorney, but what are your lossess..he got you six months worth of free rent, you didn’t lose anything.
You need ANOTHER attorney…Q U I C K
Courts give us waaaaaaaaaaaaaaaayyyy too little time for everything.
If the plaintiff was the wrong party, why didn’t you plead that and do discovery to prove who the REAL party in interest was and negotiate with THEM and get the foreclosure dismissed
Everyone should be aware WE ARE NOT GIVEN ENOUGH TIME, and WE NEED TO PUT EVERYTHING ON THE RECORD IN WRITING WITH THE COURT and we MUST do aggressive and thorough discovery..
Appeals court are limited to what paperwork is IN THE TRIAL COURTS file, and can only act if there was a clear error that the WRONG RESULT (judgment) WAS ENTERED and then get the case reopened and sent back for more trial work in most cases.
ASK ATTORNEYS QUESTIONS AND STAY IN CLOSE CONTACT WITH THEM !!!!!!!
Know what your options and plan of action is, every step of the way.. Don’t expect attorneys to stay on top of your case…many,many,many don’t..unless you MAKE THEM. Have a great and close working relationship with them – GOOD attorneys will appreciate that ….and BAD attorneys will let you know you’re bothering theM and will avoid you.
Yes Virginia, there ARE bad attorneys…and BAD JUDGES. They are EASY to stop..they do not follow the law AND LIMIT WHAT YOU CAN DO…. AND RULE AGAINST YOU
JOHN SORRENTINO
April 2, 2014 at 7:42 AM
tom this is what i 481 nj super 323 (CH DIV 2010) TRUST v MICHAEL RAFTOGIANIS plaintiffs fraudulent ASSIGNMENT of mortgage filed in the state of NEWJERSEY must fully comply with rule 461-1 (B) (10) and recital of all assignments in the chain of title the complaint in this case mention one assignment in the chain of title the assignment from cms to cms. The psa date 2005 oct 31 sec form 10-K the form clearly indentifies STANWICH ASSET COMPANY LLC as the indenture trustee public offering UNDER THE PSA STANWICH is not mentioned in the complaint under the chain of title nor is ant information about the psa available to the defendant under mers as nominee dose not have any real interest in the debt PLANTIFFS failure to comply with R 461-1 (B)(10) IS NOT a minor procedural error its absoute condition precedent to filing of complaint attempt to fill in CHAIN OF TITLEin this case is voidab initio STANWICH ACCERTANCE COMPANY absolutely held the defendants mortgage PLAINTIFFS complaint is silent to any transfer in the chain of title pressler verniero current nj rule comment I ON R -1in the case bank of AMERICA vs LIMATO A-4880-10T3 APPELLATE DIVISION UPHELD THE DISMISSAL OF FORECLOSE COMPLAINT WITH OUT PREJUDICE WERE THE CHAIN OF TITLE WAS SUSPECT RELYING CASE LAW RAFTOGIANIS PLANTIFF HAS NOT ESTABLISHED ANY EQUITABLE RELIEF FROM THE COURT
I suggest you get a half hour consultation with three different Appellate attorneys with a track record of winning appeals in title and mortgages if not foreclosures and see what you might accomplish with their help, and let us know…we are sitting on pins and needles, and they are starting to hurt !!!
Have you had the Consumer Financial Protection Bureau do a formal investigation, I understand they are investigating some dirty judges, too.
hi cool, please see http://www.chasemdlsettlement.com next month it will be final exposes all their fraud, but of course they never admit to any wrongdoing but they are supposed to give homeowners a chance at modification and cure delinquencies. good luck.
hammertime, both fannie and chase are claiming ownership, definitely something is not right. chase has jerked me around so long on a modification that they probably do not want to admit to owning the loan because they always tried to say the investor needed to review the modification after I sent in paperwork so many times I lost count and they would claim the investor had to review. It was all bullsh**. I knew it. Chase has always been the owner and there is no proof otherwise and now that I am part of this class action against chase, there is more evidence of how they screwed their customers out of modifications, pure fraud. my strategy is not all of their fraudulent paperwork, but I have always tried to pay them and still trying and all they do is ignore me. they know they are wrong and with this class action still pending are going to continue to give me the silent treatment until they see the outcome and that’s when I will attack them.
Please send info about Chase class action. Chase faxed me proof that they sold my mortgage into an MBS. Fannie just foreclosed. My mortgage docs include a robo-signed assignment that was notarized b one of the F/C mill attorneys who’s notary stamp has been revoked. I go to Magistrate Court (GA) Thursday to “mediate” followed by a bench trial – and my case is ALSO on the docket in GA Appeals court in June. Thanks in advance!
That’s a good strategy we can all incorporate through settlements, homeowner bill of rights type of tools. Keep your eye on the ball and don’t let them try what they did to Sorrentino up there. Don’t give up any rights and I’ve been against modifications in general unless you know you have clean title. Good article on Garfield today talks about what you need to consider if you do mod. Has to work financially and you need to record the settlement to ensure clean title. Quiet title is something we should all be looking at as well without falling into the free and clear trap. We can make our own offer once/if they show up to prove standing to pay what we rightfully owe to the party that can rightfully claim the debt on fair terms and considering damages from their delays and games if not outright fraud from what I’m seeing. Hopefully I can review the documents from your class action.
Be part of the solution to all this…we all need to work together personally and co-ordinate our efforts…..there is strength in numbers, weakness in going it alone, especially being less than a fully skilled, connected, and experienced trial attorney, as you have all found out.
When original lenders, buyers of loans, servicers, MERS, attorneys, Trusts, Trustees, investors, holders, judges, and government agencies, legislators, their staff and others do wrong… IT NEEDS TO BE PROPERLY DOCUMENTED and PRESENTED TO THE RIGHT PEOPLE in THE RIGHT WAY.
You are getting blown off because they know you won’t know what to do about it. The truth is you have a CONSTITUTIONAL RIGHT TO REDRESS OF GRIEVANCES. Manifest injustices are not allowed in this country, so DON’T ALLOW THEM !
THAT INCLUDES HAVING YOUR LEGISLATORS INTRODUCE AND PASS NECESSARY LEGISLATION.
Each elected official has the duty to have a Constituent Services operation…you should each be working with your legislators and keeping THEM abreast of EVERYTHING…they have more contacts and power than you do.. ASK FOR THEIR HELP. If ENOUGH of us are in contact, AND we utilize the media and build grass roots, things WILL begin to change.
and please feel free to call or email ME… Tom Heinrich 954 781-9300 reachth@yahoo.com
tom, when I first started getting jerked around by chase, I contacted several of our local CONSTITUENTS, aLLAN WEST AND WHOEVER OUR DISTRICT ONE WAS AT THE TIME AND All I got were meaningless letters. allan west was the most informative and I am not bragging with him either. Bondi needs to step up. this website is being monitored because my typing is so delayed and I get so frustrated that I have to quit. I am getting a new lawyer because this is so time consuming and I have to work and hopefully I have found aN ATTORNEY THATT WILL NOT TAKE ME FOR A RIDE.
THIS WEBSITE IS BUGGED, NO SHIT ITS THE ONLY WEBSITE THAT MY TYPING GETS DELAYED AND SCREWED UP. I HAVE TO TYPE LETTERS OVER SEVERAL TIMES BEFORE THEY EVEN SHOW UP IN MY MESSAGE. IF YOU ARE COMMENTING ON THIS BLOG, CHANCES ARE YOU ARE BEING MONITORED AND IN MY CASE IT IS CHASES LAWYERS, THUGS LIKE THE BANKSTERS
..everyone should do extensive discovery and complie extensive documentation….discussing your situation will not convince a JUDGE that you are right !!/….
there is no mers anywhere on the mortgage and I had 2attnys tell me it was JPMorgan the original lender. would they not had to record an assignment if it was sold/xferred to fannie mae and if not a Mers thanks
@lms53 – the language is most probably on the promissory note; not so much on the mortgage. Assignments are only required (Florida) when there is a change of OWNERSHIP of the note and mortgage. It is NOT required when servicing is sold/transferred. Again, Fannie Mae is NOT a lender nor are they a servicer. They are simply an investor- GSE’s (government sponsored enterprise). That’s the reason why the gov’t had to take over; bad investments on shoddy mortgage programs. Did you check to verify if your loan was listed as owned by Fannie Mae on their website? Lenders will underwrite or approve mortgages according to Fannie Mae guidelines so that they are able to sell and keep turning the same funds over and over again. Chase has been known to record assignments well after the fact and especially if a foreclosure is looming overhead. Recording assignments can be costly when you’re bundling packages of mortgage loans and the reason for implementing MERS. I have always said that MERS is illegal in what it is doing b/c on a lot of notes it stipulates that MERS is the ‘lender’ and that can never be! Lenders don’t record anything with MERS. It is just a ‘holding tank’ for loans that were sold on the secondary market and a record-keeping data base of those sales. That’s the reason why so many of the recorder’s offices are suing them for fees!
Mark
March 31, 2014 at 2:40 PM
It would be nice to see someone recover some of these recording fees but I’m predicting out of court settlements for peanuts and no real idea of how many assignments were not properly recorded and paid.
I would check MERS anyway. My loan had MERS records active for 2 years after closing! And it was NOT a MERS loan! You seem to have been at this a while as well. I would disagree w/ Bobbi if she is only emphasizing bad investments – it was out and out fraud or negligence of MERS and the banks. You should have done a review of your docs and matched up the assignments and even payment history to see where the discrepancies are. Since Chase was part of the mortgage settlements it seems you have grounds for showing whether they were valid lender/servicer. But again they can “fix” any document problems but can’t fix fraud if they claim to have invested anything etc. or there may be a cloud on title where more than one lender/investor can make a claim.
thanks used car guy I did not have Mers though, that’s why I ask, when I refied with chase, they never made an assignment which leads me to believe that chase has always held my note and also serviced it, but they say fannie mae owns my property, some more bs from the bank I suspect
@ lms53 – Chase may have sold your mortgage to Fannie Mae (underwritten your mortgage under their guidelines) but Fannie Mae is NOT a lender, They are only an investor vehicle. They would have paid Chase the amount of your mortgage and Chase retains the servicing. That is not unusual. Your mortgage would have become a Fannie Mae backed loan i.e. if you default they have no skin in the game; no reason to help you; no reason to care if you are thrown out of your home. If a foreclosure is successful, then Fannie Mae actually then takes title & markets the home for sale. They have their own website and their own mortgage program (Fannie Mae Homepath) to re-sell these very properties. Look at the bottom right-hand corner of your note and/or mortgage. It will specify Fannie Mae document and more than likely the name MERS is somewhere within the first page of either or both documents. Don’t be fooled. MERS is involved in 60% of the total mortgages in the U.S.And if you are in the state of Florida, assignments ARE required when there is a transfer of the note and mortgage. Go to both the Fannie Mae lookup site and the MERS look up site as well and check to see if your mortgage is there.
After Chase supposedly bought WAMU loans, they neglected to file an assignment of mortgage for 4 years. It was only after we were behind on the mortgage that they actually filed one.
hammertime
April 1, 2014 at 12:33 AM
That’s a good way to put it, “supposedly”. Was yours actually a WaMu originated loan or serviced by WaMu? If you had any other payoffs anything is possible and Chase may be claiming anything WaMu as part of the ’08 “purchase”. So the assignment shouldn’t be the only focus as everyone seems to be doing.
Tricia
April 1, 2014 at 1:35 PM
hammertime, yes we know for a fact it was a WAMU originated loan. We walked into a WAMU here and took a loan out. As for what WAMU did with that loan after we have no idea. Everything I have read seems to indicate that Chase only received the servicing rights to the loans and not that they actually purchased them.
hammertime
April 1, 2014 at 7:02 PM
Tricia, I would take a good look at your Note etc and see how WaMu is identified. Here’s a description of Chase Bank USA: “Chase Bank USA, N.A. (Chase USA or the Bank) is an $87 billion intrastate bank with $9.8 billion in net Tier 1 capital. The Bank is headquartered in Newark, DE. The Bank DOES NOT operate ANY branch locations accessible to the public. The main banking facility is only available to Bank employees. The Bank also operates a branch in the CAYMAN ISLANDS. The Bank is a wholly owned indirect subsidiary of JPMorgan Chase and Company (JPMCC)” (caps added)
Doesn’t sound like the “Chase” we all see on the TV! With the mess of MERS and lost documents etc really take a second look and review dates etc. Quote comes from an OCC report. I’ve had to insist on finding out what exactly is “Chase” and we see the same thing w/ Bank of America as BAC, and other shell names all claiming to be BofA. The woman in charge of WaMu “sale” at OCC was booted out and is now in a cozy Wall St firm, I recall. Late 2008 seems to be a key period. You’ll have to see if all these fines, settlements gave them an out on that assignment or possibly review if a different investor/trust is involved. If there’s no clean link from WaMu to Chase then I don’t think the assignment is your main issue, again not legal advice just from what I’ve been reading out there. What state are you in?
Tricia
April 1, 2014 at 7:57 PM
Hammertime, we are in Washington State. There are actually a couple of lawsuits here which are challenging the Deed of Trust Act, they are saying it might be unconstitutional, because no due process is given. Non-judicial foreclosure states seem to be a different animal.
hammertime
April 1, 2014 at 8:12 PM
Yes, they are. Same in CA where I’m at. The Homeowner Bill of Rights was put in to fill the gaps. Also the Consumer Financial Protection Bureau along with National Mortgage Settlement Chase signed can help fill in the gaps. The propaganda is that they’ve paid and it’s a done deal but complaints can still be made. That’s still a focus on the right to foreclose and you may want to step back and see where the fraud may be. That’s another beast we’re starting to touch on where we can make complaints on the civil? and/or criminal side which the national settlement didn’t do away with. I’m surprised there isn’t a HBOR in place there, pretty sure OR may have taken strong action about a year ago.
hammertime
April 1, 2014 at 8:18 PM
@ Tricia Have you reviewed your property records and done qualified written request? and even check your credit report for signs of activity and MERS while you’re at it.
Tricia
April 1, 2014 at 8:43 PM
Hammertime, as far as we can tell MERS was never in the picture. Yes, we have checked the county records the only recorded deed of trust was WAMU in 2005/2006. Then Chase in 2012, which filed a corporate assignment of deed of trust. The person who signed as attorney in fact for the FDIC and VP of Chase is actually a Chase employee. I have checked with the parish it was signed in there is no record of the person having a power of attorney in order to sign for the FDIC. Yes, we have made a qualified written request as well, Chase nor the Trustee will provide any proof that they actually own the loan etc. The trustee went as far to say they didn’t have to provide any proof beyond the fact that Chase purchased WAMU.
hammertime
April 1, 2014 at 9:38 PM
That’s very interesting. I’m looking over the consent judgment myself for my own case. Have you checked the MERS site? Basically leave no stones unturned just in case. That’s where the fraud may lie, it may have been assigned and never recorded. I would look over your docs at closing for any unrecorded assignments. I did not realize this until I reviewed them again years later. You may have a couple of red flags as it is. But if there is any other entity involved you can possibly make claim for broken chain of title or lack of authority/standing. The other question would be when did Chase take over. Did they claim to be the servicer before the sale of WaMu? So there’s that ’06/’08 gap you need to fill in if Chase or anyone else was involved during that time. The good news is that it looks like you can make a complaint that they are not complying with the settlement. QWR rules have changed but they can’t claim they don’t need to answer as they tried with me recently. The Atty in Fact is also a red flag. The San Francisco Recorder did a great report on how these signatures can cast doubt on proper authority since the actual benficiary? Should be signing. Agencies, politicians are just looking at the highlights of the settlements but our cases can help bring a focus. I believe “competent and reliable evidence” is being overlooked. I’ll post other parts as new comment.
From p 93 “Before a loan is referred to non-judicial foreclosure, Servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information.”
hammertime
April 1, 2014 at 9:54 PM
The other thing I forgot was have you made a QWR request since the settlement? In CA if there’s a pattern of violations there are possible damages. I also got more info than before.
Tricia
April 2, 2014 at 4:25 PM
Hammertime, no we haven’t made another Qualified Written Request since the settlement. To be honest I am not sure if I did it correctly the first time. Is there somewhere to find a good format to put a QWR in? I was reading some more of what you posted about the servicer needing to make sure if the borrower has defaulted and they have a right to foreclose. Actually in the state of Washington according to the deed of trust act, I do believe it has to be the owner of the note/loan which can initiate foreclosure, they cannot be just the servicer.
hammertime
April 2, 2014 at 8:13 PM
The Consent Judgment states Servicer or Note Holder. Another part talks about valid transaction possibly referring to assignment. I’m working on a complaint now to the CA monitor. It seems it all falls under having to be supported by reliable evidence, which is big change from previous non-judicial process it seems. It seems to go from national settlement down to state law. QWR law changed in Jan I recall. They seem to be frowning on template type of complaints. They don’t want it to be overly broad though it could depend on the case. If WA law states that holder must be owner could be basis for asking for proof of transaction! Per Consent Judgment they’re supposed to send a statement “setting forth facts” before foreclosure action it looks like. It seems like it could be very basic from following: http://www.law.cornell.edu/uscode/text/12/2605
There’s another section that gets into more details.
“(B) Qualified written request
For purposes of this subsection, a qualified written request shall be a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, that—
(i) includes, or otherwise enables the servicer to identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.“
Chase tried to make format an issue with sections of code that instruct to identify if notice of error or request for information. HUD might be a good place to check but haven’t come across anything yet. You should probably check out the WA Attorney General site and see what they recommend. Here’s the MERS lookup if you don’t have it, pop in your address and see what happens. https://www.mers-servicerid.org/sis/index.jsp
Would be good to see how it all fits together depending on your timing for sale etc; need to go back and check, too much info right now!
hammertime
April 2, 2014 at 8:22 PM
Other quick side note. The term servicer is another source of manipulation as it could mean different things. Somehow the banks twisted it to mean more than just a payment servicer which seems to be how the settlement people are treating it which I think was either a big mistake or more deception.
hammertime
April 3, 2014 at 8:11 PM
Interesting comment from case I reviewed before – “p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the
plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.”
Could give insight on the WaMu/Chase transition and it’s being treated.
Only half the battle though which is why QWR’s etc are important since it was dismissed for lack of proof it looks like as to what they were claiming. Can get final judgement here: http://docs.justia.com/cases/federal/district-courts/california/candce/3:2012cv00572/250929/76
CALIFORNIA JERRY BROWN BEING SUED FOR DIVERTING HOMEOWNERS SETTLEMENT FRAUD TO FIX ALL ROADS AND BRIDGES INSTEAD ? A MUST READ THAT ALL 50 STATES CAN BE SUED FOR THIS CONTINUED FRAUD ON HOMEOWNERS
I am doing just that in case CACE08-018999 Broward County Circuit Court on Monday…along with suing the justices of Florida’s 4th District Court of Appeal for stepping beyond their authority in aiding and abetting obstruction of justice by stopping our Attorney General from investigating and prosecuting David J. Stern…who it took YEARS to get disbarred, which was an OUTRAGE.
Our courts are the laughing stock of the nation right now and IT NEEDS TO CHANGE.
Stern has already been sued by me and ostensibly I will be entering a default against him April 23rd.
I AM LOOKING FOR VOLUNTEER RESEARCHERS and people who want to attend sharing groups in South Florida…please contact me !
Should be reviewed but for a way where we can take action for ourselves. This is about getting money for “education” primarily that the groups will benefit from like the whistleblowers getting their millions. One of these “legal” groups I met with last week repeated verbatim what the “lender” said in their bs “response”. We have to find a way to make the banks and the government tell us where all the money’s going and why we’re being PRE-judged unable to benefit while our treasury and tax dollars continue to get raided. The grand jury approach could be the way on legal side but we need another prong on government/representation side. I contacted Barofsky who’s representing the plaintiffs and their firm blew me off for pro bono. Seems like he tried but these cases seem to be plums for the legal firms.
After the Florida Appeal Court I filed 2 years ago, they denied my appeal and offered NO OPINION resulting in my being denied the Supreme Courts review. I then sent a 230 page explanation with all the evidence for forgery, fraud and below is what the AG’s office sent in their response? Unbelievable, really!
Hello Ms. Del Francia-Goodwin:
Thank you for following up with the Florida Attorney General’s Office regarding your concerns about the foreclosure of your Florida property.
I am sorry to hear that you have been unable to resolve your mortgage concern. As Bank of America appears to be the investor in this property, I am forwarding your complaint to Bank of America for review and response. You may follow up with Bank of America at the website or telephone number below:
I note we previously forwarded your concerns to the Florida Office of Financial Regulation and the Consumer Financial Protection Bureau. Please follow up with those authorities regarding your complaints against the banks and mortgage servicers involved in your case. I can also confirm that the resources we previously suggested are appropriate, and I encourage you to follow up with the agencies referenced in our previous reply dated 11/14/2013 (included below).
With regard to allegations of criminal fraud by an attorney and in the court, in Florida the police or sheriff’s office in each city or county is responsible for investigating crime at the local level. Those authorities operate independently and are not a part of the Attorney General’s Office. I have provided contact information for the Pinellas County Sheriff’s Office below:
Pinellas County Sheriff’s Office
Post Office Drawer 2500
Largo, Florida 33779-2500
Phone: (727) 582-6200
Website: http://www.pcsoweb.com/
Since your concerns also involve an attorney or law firm in Florida, you may wish to notify The Florida Bar of your concerns. The Florida Supreme Court designated The Florida Bar as the agency responsible for reviewing grievances against lawyers licensed to practice in this state. The Florida Bar’s information about the grievance process online at:
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
Phone: (850) 561-5839
Toll-free within Florida: (866) 352-0707
Website: http://www.floridabar.org
If you need legal guidance, please seek private legal counsel. An attorney can provide the legal advice which our office is precluded by law from giving to private individuals. If you need help finding a Florida attorney, The Florida Bar offers a Lawyer Referral Service toll-free in the U.S. at (800) 342-8060 or visit the website.
We appreciate your persistence and again hope this proves helpful.
Sincerely,
Bethann Dillon
Office of Citizen Services
Florida Attorney General’s Office
PL01 The Capitol
Tallahassee, Florida 32399-1050
Toll-free in FL: (866) 966-7226
Outside Florida: (850) 414-3990
Website: http://myfloridalegal.com
PLEASE DO NOT REPLY TO THIS E-MAIL. THIS ADDRESS IS FOR PROCESSING ONLY.
another example of the fear and intimidation tactic by the ones that are supposed to uphold the law, i.e.courts, judges and lawyers. they are just pawns to clear all of these crooked foreclosures. They are taking their orders from the higher ups and us hard workers are still taking our orders from the highest.
We opened a business and personal bank account in north Florida. We deposited our cash and credit card revenue into the bank. We applied for a business refinance loan to open a second location. The application process took six weeks and crossing ever T and dotting every I. The time came to seek a 1500, appraisal. Again a commercial appraisal for over a million dollars is detailed to say the least from valuating the inventory and property to the management and licencing. Completed that. All this while running our business seven days a week. We never heard back. We waited, Left messages with the women and executive who seemed to be directing everything.So we actually called the main number and got the call transferred to get er to answer the phone which she did. Sh said we were denied due to the appraisal being to low. Ok then, we want the appraisal. She said ok. We got nothing. We also never got a denial letter. Then came the foreclosure. That’s right, the foreclosure. Then we were contacted by the states attorneys office letting us know an arrest had been made for theft by deception in regards to a “mortgage” for over a million dollars on our “assets and property” but that our name had been cut and pasted with a shell company LLC created the day the bank issued the one million plus check with no restrictions and made the funds available same day. Did the bank report this crime? Nope. Did the bank hire a lawyer tp defend the recipient of the money and the bank and the employee? Yes. Did it work? Yes. Did th criminal charges go away? Yes. Did the foreclosure move forward. Yes. Did the bank force the judge out to get an older judge they liked better. Yes. Even after Judge Skinner said only the fla supreme court could oust a judge from a case by force. Nope not in the middle district. Judge Moran, senior judge sent an email obtained by the fla times union showing Judge Moran telling the banks lawyers to do to get rid of the fair judge so they could get a partial judge who already said he would help them out of retirement and bring him in as a senior judge. Either way they ousted Judge Skinner and won the foreclosure even though we proved we never closed any loans and that this loan was part of criminal act confirmed by States atty Harry Shorstiens office of financial crimes and the state of Florida insurance fraud division detective turned in a full investigation finding the scheme that was found legit enough to make two arrest. Yet, we were foreclosed not by cleaning us off the title-they hoped-, because the shell company was foreclosed, but by adding our name as an interested party, like the taxes etc due to our lis pendis from the crimes. It worked. We rushed as this instantly bankrupted us as we had our jobs, lives and livelihood, not to mention the only license the entire business had to operate it. So we filed in bankruptcy court before the sale and asked for the Jacksonville bankruptcy court to let us sue to prove the fraud there and pay our debts at 100%. Did the state court and the bank sell and buy the deed days after we filed bankruptcy in federal court. Yes. Is this the deed they have today? Yes. The bank was closed by the FDIC and friends of the banks owners went to work fr the receivership company and then rehired the owners of the bank within days of there bank loosing over 800 million dollars worth of loans. I suspect many of these loan were gifts in the form of a “special” loan to whomever they wanted with any kind of real or fake assets. Many of loans were to lawyers and lawyers turn into judges etc etc. Even the owner himself borrowed 1 million before it was shut down, from his own collapsing bank. Why am I telling you this? Well we have since fallen on hard times and are loosing our home. My son got accepted into University of Miami, something he earned and deserved. We couldn’t pay. My daughter got into Rollins in Fl, same thing. My father died while I was on the phone with lawyers charging me 350 an hour so I waited to click over and then forgot to call him back. He passed overnight. He left me his home and told me never to stop fighting because this is not a special case. He said we have become Mexico. Some generations are drafted to fight overseas. Some must defend here in the states. State attorneys across the country are ignoring theft by quoting ownership is civil. Don’t believe summery judgement is abused. Our case with all the agencies criminal and others were denied a jury trial after we were granted a jury trail in which the plaintiffs demanded as well. They wouldn’t let both of us come into the judges chamber together and just said they don’t have to let anyone in they don’t want to. The judge told my husband that if he didn’t drop the case he would see to it that he lost everything and the bank would get first money of any sale etc of our assets. Then he fined us 50,000. for notifying the bank we were organizing a picket line in front of the bank. He called it causing the case to be delayed. BOTTOM LINE – In north Florida and other states the local folks from all the agencies work together and have built beneficial relationships together and they honor those relationships. So if a new party, like the Tea Party FO Party or any party gains big dollars (momentum) and racks up those same members of those same relationships in your area, then this can, and did happen. The happy ending? No one will buy the property they stole from us. That’s it. For ten years our business property that has an amazing location with hundreds of thousands of cars passing it every single day, has sat empty. Interest? Oh yes, but no stupidity. There’s not a month that goes by we don’t get a call asking us to sign a quit claim deed so someone feels safe enough to loan money or put money into it. That’s right, the good ole american buyer beware has the title jumping FDIC and its banker friends sitting and sitting on the monument to our crushed dreams and honest hard work. Hundreds of thousands of people pass it every day and have for ten years of unproductive job loss due to someone helping someone more powerful then us. I even obtained a video with the help of a senator of the judge they wanted so bad, using his bailiffs attempting to stop me from simply filing my notice of bankruptcy into the state system at the state courthouse. The case was filed in fed court the day before but apparently the hellbent judge was going to try to undue that too. He was supposed to retire soon and he just didn’t care what he did. His son was running for his seat and the closed bank held a private fundraiser for him, I know I was invited there by those who just cannot believe that a conservative would behave this way…so I suspect the fund raiser privately held by the same women who processed the loan in secret had some big favors were being cashed in. The video clearly showed his bailiffs detaining me from the recording counter after zI tried to record the bankruptcy for 30 minutes and the bailiffs hung up the counter phones and started using the clerks cell phones to speak directly to same judge that secretly threatened my husband that day. Did any of the people they tell you to go to help? None. Remember bailiffs are the police. Judges are the law keepers, The regulators are sitting on there hands. They act like Lodge brothers to keep there jobs in that dark environment and laugh it off as another crazy day at work. Not caring what the results are either way. They even try to make you feel like your bothering them. They get rude and make public access complicated and vague. So after a 6 page article and two metro front pages and top story of the weekend on the local news…the elections and fund raisers started back up and the fantastic paying jobs and benefits for life pig trough opens up again and they swim up the tax payer pool again, lay there eggs, and swim away looking for a better pool upstream. Our family of military brats is so strong and good hearted that we survived this with our head held high. We just kept saying don’t let them change us. Don’t lower ourselves to they’re standards. Only then do we really lose. Our goal is to stay strong for our God and our American ideals morals and ethics. We are considering a Facebook page to raise money to try to buy the property back somehow and hire 80 employees…again. This may sound harsh or hard to read, i know. But our tears should not be in vain. Lets bring about civil court staff reform! They are the ones who swore to keep it fair and unpartial and to accept both sides as fact an to eliminate summary judgement for cases in disputed material facts, period. The measures the courts have taken have been a failure to protect the sanctity of the court and have themselves exercised contempt of same court. We must unveil the mask of summary judgement abuse.
My case has me at the end of my rope but your story is very inspiring. I may have to end my case and move on but hope to have my story told and hopefully help others. I have another 15-30 day window and looking to put some ideas to work. I’m reviewing social media approaches and have reviewed some campaign/fund raising approaches. You can send me an email here but let me know you sent it. elsa.carter-avpci3n@yopmail.com Thanks.
After loosing my home to an unknown bank, I am now selling my last home. If interested, please call me at (702) 809-0716 I’m done fighting, it’s sucked the bliss from my life! http://palmsprings.craigslist.org/rvs/4395276172.html
Can anyone help me fully understand Assignment of Mortgage. My question is (real example). Option One does an Assignment of Mortgage to Deutsche Bank National Trust Company Trustee of Soundview Home Loan Trust 2005OPT-4.
The original mortgage was 9/30/2005 and the assignment was done and recorded on 3/21/2007
The trust closed in 2005 in which all instruments had to be filed according to the trusts PSA and REMICS.
“On November 1, 2012, a new Massachusetts law went into effect that gives judges in the Bay State the power to determine whether a bank can foreclose on a home or must modify the mortgage. The new law, entitled Act Preventing Unlawful and Unnecessary Foreclosures, creates a series of new hoops for banks and other mortgage creditors to jump through in order to foreclose on borrowers who aren’t making their payments.
Under the new law, lenders will have to demonstrate to a Massachusetts court that they made “a good faith effort” to work with delinquent borrowers, and that they took “reasonable steps” to avoid foreclosing. Such “steps” would include considering whether the borrower could make a lower, “affordable monthly payment” relative to their current delinquent loan.
The new law also mandates that lenders prove loan ownership prior to taking foreclosure action. The law includes new protections that prohibit lenders from misrepresentation, unfair costs and imposition of fees for services not performed.”
Folks…..keep the faith. I am now suing Met Life Bank CEO….Eric Holder (personally), and Ringert Law of Boise Idaho – for lying. I am doing this as a friend of the court….my ancestors crossed the Atlantic Ocean for this carnival? God has my back on this one….this ONE. 777
Fight until the lights go out. Then pray for a New Horizon…..one w banksters on crosses at dawn. 777
Rather than watch TV, why not spend quality, entertaining, and informative time observing and researching in your local courthouse in foreclosure cases.
I think this will be one of the important steps in righting the wrongs….documenting what judges and attorneys are getting away with in passing out free money and real estate to undeserving banks who have NO money invested or legal rights to the money or real estate – overturnable and restitution possibilities and usable with legislators to pass anti-justice crime wave remedial law that will STOP judges and attorneys from ignoring the law and hold them accountable under the law.
Please contact me and recruit others… I will provide instructions on what and how to do it.
Tom – I know that you are in the state of Florida as I am as well. I met with my atty on my case with Chase yesterday. My case is in Pasco County however, he plain out told me that in Pinellas County the Judges are basically granting each and every judgment in favor of Plaintiffs if they show up in court with an ORIGINAL note in hand. Doesn’t matter if they are the owner of record or not, whether there are legitimate assignments or not. Basically, it’s all being based on ‘possession’ and nothing else. The corruption and total disregard of the rules of law are completely ignored by these judges and nothing, nothing is being done. If you file for an appeal the appeal judges in the state of florida are basically siding with the judges decision on the basis that a plaintiff has come to court with an ‘original’ note……period! This was such a blow to me as it’s 7 years plus fighting this foreclosure. And it is spreading to other counties as well and he opines that the same will happen in my own case in Pasco county. I have been to every hearing, etc. and I even wrote a letter to the Chief Judge in the district filing a complaint against the judge in my own case. Nothing was done and the reply that I got had absolutely nothing to do with my original complaint. All judges are attorneys, plaintiffs are attorneys and the banks are the funders for all of them at re-election time. Who can win against them when all the power is transformed into dollars and defendents are way outside of that realm? Those judges don’t care one iotta who is in the courtroom watching!
In my earlier investigation days many years ago, I has a private meeting with a judge in chambers in which I confronted him with uncovering some of things he had been doing illegally in misusing his office, to which he readily admitted he had done and would continue to do. He looked at me with kind of a stone cold stare, tilted his head to one side, and said “Who’s going to stop me.” I had gotten what I had come for, so as I raised up from the captains chair which I sat deeply in across his desk in what I must say WAS THE MOST PLUSH, lavish, elegant wood paneled office I had ever been in outside a movie set, I said to him as I turned away from him as if to insult him, “I WILL.” I actually mis-spoke, because I myself could do nothing….I actually should have said, THE LAW…- APPLIED.
What happened with what I came away with I will not disclose, suffice to say he himself had implicated himself to someone he thought was just a journalist, but I was more than that.
I wasn’t the only one who knew what he was doing and wanted to stop it.
What I came away with however, turned out to be his downfall.
As the pieces came together, the vice closed and criminal charges were filed against him.
I was quite disappointed, but the powers that be ( and there BE powers, don’t kid yourself ) cut a deal with him to resign his office in exchange for no jail time. Judges are not looked kindly at in prisons. He was removed from office and fined, and he was a sitting federal judge who had his seat for life…..a very cushy life.
I did nothing. The law did.
The point is this…what these people ARE DOING WILL REMAIN….. Things take time.
We have powerful allies, all over the world. One of them is the former General Counsel of the World Bank.
You have to understand there is really ONE bank, and ONE government…just a lot of divisions. The one thing, perhaps the only, these people fear, is the truth. THAT’s why very very few are getting their day in Court. Its on purpose. Foregone. No truth allowed or if allowed, considered. But the truth does not disappear, it just festers.
This is why I harp on INVESTIGATE – DOCUMENT – FILE FILE FILE.
We know who these people are. They’re not going anywhere.
The laws are there, but our judicial system is being destroyed from within by attorneys AND JUDGES WHO PURPOSELY disobey the law – thinking they can get away with it.
They can’t. Forever.
Judgments obtained by fraud are unenforceable. Financial fraud is one of the big ones.
Aiding and abetting is just as serious. The truth will out, because of people like you and me who do not give up but have the patience to see miscarriages of justice corrected.
It will come in legislatures, in Grand Juries, in Courtroom where some of these people will be looking UP at a judge. Do NOT discredit the new Consumer Financial Protection Bureau. They are buildng an awesome dossier on a LOT of things. So is Homeland Security. So is the Secret Service. So is Interpol. So are other organizations.
We are dealing with replacing our banking and governmental systems personnel and procedures…, that takes time, but in Honor of JFK, Ron Paul and thousands upon thousands of good people in the U.S. and throughout the world, things WILL change.
DO NOT go placidly into the night…. INVESTIGATE. DOCUMENT. SHARE.
Everyone should be contacting all of their elected officials right now and asking for them to take a stand AND PASS NEW legislation to make what IS GOING ON criminal, and take away the ‘discretion’ being exercised right now…our judicial system is dying, and the cancer is moral turpitude…..because THAT’s what were dealing with.
PERSEVERE
( to show you how pervasive the dishonesty is in the system right now, check out what Florida’s Appeals Courts are doing…Lower Tribunals never err anymore, they just ‘abuse their discretion.’ Remember the ultimate source their power comes from – its you and I )
Document Every Event. The first thing a prosecutor will ask you is, “Can you PROVE IT ???”
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
just go to SEC it will open idynps there is a radio show on friday night randy kelton rule of law radio you should call in ask about how to get jury trial and out of civil into criminal he smart guy he has had judges arrested before i would love to hear you call in and see what he thinks and what advice he could give you
That’s a treasure trove of material that will eventually lead to the dismantling of MERS system. These are the reasons why Wells Fargo’s foreclosure manual instructs its agents not to foreclose in name of MERS, they are looking forward to the wrongful foreclosure penalties and another few billions in penalties. Don’t worry, it won’t happen while Eric Holder is Attorney General.
Met with non-profit lawyer that sounded like she was employed by the bank. Made complaint to AG almost word for word contradicting this case. She kept saying things like they can have a team and I benefited. Another letter for your Congressperson etc if you don’t have a HBOR.
Shuffling SPOCs Violates HBOR
Mann v. Bank of Am., N.A., 2014 WL 495617 (C.D. Cal. Feb. 3, 2014): “Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” CC § 2923.7. SPOCs may be a “team” of people, or an individual, and must facilitate the loan modification process and document collection, possess current information on the borrower’s loan and application, and have the authority to take action. Importantly, the SPOC “shall remain assigned to the borrower’s account until the mortgage servicer determines that all loss mitigation options offered by, or through, the mortgage servicer have been exhausted . . . .” Here, borrower was “shuffled from SPOC to SPOC,” which he recounted in pleadings, noting conversations with different representatives on specific dates. As a result of this shuffle, borrower had to continually “re-inform” servicer representatives about his situation and constantly received contradicting information. These allegations adequately asserted a SPOC violation. Even if the multiple representatives borrower communicated with were a “team” of people, allowable under the statute, no member of this “team” was able to perform the required SPOC duties. Borrower’s SPOC claim survived the MTD.
You are right hammertime. Appears they are all in it together. That’s why I gave up pretty much on attnys, but I don’t know if I can handle being treated
By a judge the way I was on Monday. If I fight back too much. They might try to get me for contempt. Broward cty florida stinks. In some ways I am ready to move on because this foreclosure mess has shown the true colors of this area and I will take honest people over good weather in the dead of winter anyday
I’m with you. I’m in my last round with Chase/City double team. Take care of yourself but our truth can get out there no matter the results. If we have a higher goal all their money and power doesn’t matter. I believe we 4% who have fought back and have been active on the internet stopped them from bullying veterans and seniors like they were.
Lms
March 21, 2014 at 12:57 AM
Thanks Hammertime and good luck to you. The truth always wins in the end and the fact we are still in it for this long shows that. Chase gave me a fraudulent loan mod. I worked so hard to keep my home and chase has wronged me so any times. They have acted in bad faith and they are very well aware of what they have done and continue to do. Chase has always held my note and has intentionally tried to force me out. I don’t care anymore. I don’t even feel this is my home anymore but I am not going to let them say I’m a deadbeat because I have always tried to pay and they have thwarted it
hammertime
March 21, 2014 at 10:14 AM
No prob. Exactly how I feel. In my case the note they PAID OFF wasn’t produced for 6 years and now they say it didn’t have to be paid off! Anything’s possible with all this deception. Hang in there yourself. Pressure will be on til Wed. Hopefully we’ll catch up on Chase and I’ll pop in when I can til then.
Good idea tom except we have been doing this on this website. We need to get the media involved. I have been viewing cnbc and commenting to see if I can get someone’s attention. Seems a lot is old news and people are moving on. Just like this wells manual coming out. I’m sure all the big banks have a similar manual. This is big news but it is not getting enough attention. It’s just a matter of getting the right attn and there are more crooks than honest people.
Pam bondi and anyone else in a position as hers should have helped florida more. These courts could have got rid of a lot of the backlog just by doing the right thing for the people of florida. Fear and intimidation by the judge to the homeowner shows what side they are on. All this money from these settlements could have helped a lot and the economy too. Govt is so ignorant and greedy and just plain mean and dirty
hammertime
March 21, 2014 at 12:15 AM
Remember, Wall St’s the problem and they are buying off our govt and democracy.
My goal is to have a site where people all over the Country can share and learn how to put together effective investigations and compile an evidence file that can be used effectively in courts, with regulators, law enforcement and Grand Juries, legislators and their committees, private agencies and attorneys…. and the media, researchers, and documentary makers.
Unless we get an organized movement going that will hold all bankers, judges, regulators, law enforcement and prosecutorial agencies, and legislators RESPONSIBLE FOR EVERY ERROR
and CRIME THEY COMMIT, haul them before public scrutiny and criminal and civil prosecution, this is NOT going to get better.
Apparently Jerry Brown and Pam Bondi, of opposite parties and sides of the country, have diverted massive amounts of money from foreclosure help they received funds under..
it’s time for Federal Grand Juries folks…
and being an election year..unfriendly elected officials and judges must be removed from office
who wants to run for office as an independent…seriously. I’ll help you organize and run a high profile campaign…even withOUT getting elected we can change the way these criminals are doing business.
It APPEARS at first glance, that banksters and servicers are in a state of anarchy and moving things around frantically…HSBC for instance, has EXITED the mortgage business altogether themselves it seems, electing to spin off to a mortgage entity and selling portfolios to 3 or 4 other firms, including PHH.
LEARN HOW TO DO GREAT DISCOVERY and EVIDENCE COLLECTING..hopefully once my site gets going, it will be a great help to you…
Thinking along the same lines but caught up in stopping sale. This site is a great help but we need to be more effective and it needs to come from us. The CA lawsuit is great but in the end it’s focused on education funds that are going to go to possibly non-profit bureaucracies or the lawyers. Research should be only one of the quivers and there are some great resources out there. The emphasis on grand juries and grass roots action could be a good twist I’ve talked about.
Lms
March 20, 2014 at 11:54 PM
Big waste of funds these educational/credit counseling places. Borrowers were duped with these creative financing loans by these banks. They bought on a payment that grew its the banks that need the education, really the word should be prosecution for duping all these homebuyers into thinking they could afford it. I have no clue what it will take but buyer beware and I hope in the future people think twice because history does repeat itself.
Tricia
March 21, 2014 at 1:56 AM
Thank you for the link to the case in New Mexico. I briefly looked at it looks like it might be helpful. Also, I do believe they can no longer use MERS in the State of Washington, kind of a red flag to attorneys and judges here.
Sounds like a great idea. I am still trying to get everything together in order to file a case, so don’t think I would be much help. I have been kind of waiting to see the outcome of a couple cases here in Washington State, there is one where a judge has stated that the Deed of Trust Act here maybe unconstitutional according to the state constitution because it doesn’t allow one due process (Washington is a Non-judicial foreclosure state). There is also suits against a couple of the trustees that are actually owned an operated by law firms which often represent the banks, which is a big no no. The trustee is supposed to be a neutral party. Anyway I guess I would be interested in finding out how other people in non-judicial foreclosure states are handling their cases. I think some things are handled differently depending on whether you are in a judicial vs non-judicial foreclosure state.
Consent judgment excerpt: (Chase) p 203
3. Enforcement Action. In the event of an action to enforce the obligations
of Servicer and to seek remedies for an uncured Potential Violation for
which Servicer’s time to cure has expired, the sole relief available in such
an action will be:
(a) Equitable Relief. An order directing non-monetary equitable relief,
including injunctive relief, directing specific performance under
the terms of this Consent Judgment, or other non-monetary
corrective action.
(b) Civil Penalties. The Court may award as civil penalties an amount
not more than $1 million per uncured Potential Violation; or, in the
event of a second uncured Potential Violation of Metrics 1.a, 1.b,
or 2.a (i.e., a Servicer fails the specific Metric in a Quarter, then
fails to cure that Potential Violation, and then in subsequent
Quarters, fails the same Metric again in a Quarter and fails to cure
that Potential Violation again in a subsequent Quarter), where the
final uncured Potential Violation involves widespread
noncompliance with that Metric, the Court may award as civil
penalties an amount not more than $5 million for the second
uncured Potential Violation.
Nothing in this Section shall limit the availability of remedial
compensation to harmed borrowers as provided in Section E.5.
(c) Any penalty or payment owed by Servicer pursuant to the Consent
Judgment shall be paid to the clerk of the Court or as otherwise
agreed by the Monitor and the Servicer and distributed by the
Monitor as follows:
1. In the event of a penalty based on a violation of a term of
the Servicing Standards that is not specifically related to
conduct in bankruptcy, the penalty shall be allocated, first,
to cover the costs incurred by any state or states in
prosecuting the violation, and second, among the
participating states according to the same allocation as the
State Payment Settlement Amount.
2. In the event of a penalty based on a violation of a term of
the Servicing Standards that is specifically related to
conduct in bankruptcy, the penalty shall be allocated to the
United States or as otherwise directed by the Director of the
United States Trustee Program.
3. In the event of a payment due under Paragraph 10.d of the
Consumer Relief requirements, 50% of the payment shall
be allocated to the United States, and 50% shall be
allocated to the State Parties to the Consent Judgment,
divided among them in a manner consistent with the
allocation in Exhibit B of the Consent Judgment.
Consent judgment excerpt:
P 202
J. Enforcement
1. Consent Judgment. This Consent Judgment shall be filed in the U.S.
District Court for the District of Columbia (the “Court”) and shall be
enforceable therein. Servicer and the Releasing Parties shall waive their
rights to seek judicial review or otherwise challenge or contest in any
court the validity or effectiveness of this Consent Judgment. Servicer and
the Releasing Parties agree not to contest any jurisdictional facts,
including the Court’s authority to enter this Consent Judgment.
2. Enforcing Authorities. Servicer’s obligations under this Consent
Judgment shall be enforceable solely in the U.S. District Court for theDistrict of Columbia. An enforcement action under this Consent
Judgment may be brought by any Party to this Consent Judgment or the
Monitoring Committee. Monitor Report(s) and Quarterly Report(s) shall
not be admissible into evidence by a Party to this Consent Judgment
except in an action in the Court to enforce this Consent Judgment. In
addition, unless immediate action is necessary in order to prevent
irreparable and immediate harm, prior to commencing any enforcement
action, a Party must provide notice to the Monitoring Committee of its
intent to bring an action to enforce this Consent Judgment. The members
of the Monitoring Committee shall have no more than 21 days to
determine whether to bring an enforcement action. If the members of the
Monitoring Committee decline to bring an enforcement action, the Party
must wait 21 additional days after such a determination by the members of
the Monitoring Committee before commencing an enforcement action.
Chase Consent judgement excerpt:
P 199
Satisfaction of Payment Obligations
6. Upon the satisfaction of any category of payment obligation under this
Consent Judgment, Servicer, at its discretion, may request that the Monitor
certify that Servicer has discharged such obligation. Provided that the
Monitor is satisfied that Servicer has met the obligation, the Monitor may
not withhold and must provide the requested certification. Any
subsequent Monitor Report shall not include a review of Servicer’s
compliance with that category of payment obligation.
P 200
5. In addition to the Servicer’s obligation to cure a Potential Violation
through the Corrective Action Plan, Servicer must remediate any material
harm to particular borrowers identified through work conducted under the
Work Plan. In the event that a Servicer has a Potential Violation that so
far exceeds the Threshold Error Rate for a metric that the Monitor
concludes that the error is widespread, Servicer shall, under the
supervision of the Monitor, identify other borrowers who may have been
harmed by such noncompliance and remediate all such harms to the extent
that the harm has not been otherwise remediated.
Taking notes on settlements/Consent Judgment i.e. national mortgage settlement. Chase file.
If getting jerked around on standing could be a resource. Could be tool for individual or organized approach. Here;s one part I’ll post a couple of others to get a feel.
The following items from the Consent Judgment
P 206 Consent Decree (standards? matrix)
1. Did the foreclosing party have legal standing to foreclose?
3. Was the borrower offered a loan modification fewer than 14 days before the foreclosure sale date (unless the borrower declined the offer or the servicer took appropriate steps to postpone the sale)?
p 224
(d) Activities related to the executing, notarizing, transferring or recording of mortgages; the obtaining, executing, notarizing, transferring or recording of assignments; or activities related to the use of any mortgage registry system, including MERS, and including the transferring of mortgages or assignments using MERS;
(g) Handling and resolution of inquiries, disputes and complaints by or on behalf of borrowers and frequency and adequacy of communications with borrowers;
p 196
23. If the Monitor becomes aware of facts or information that lead the Monitor
to reasonably conclude that Servicer may be engaged in a pattern of
noncompliance with a material term of the Servicing Standards that is
reasonably likely to cause harm to borrowers or tenants residing in
foreclosed properties or with any of the Mandatory Relief Requirements,
the Monitor shall engage Servicer in a review to determine if the facts are
accurate or the information is correct. If after that review, the Monitor
reasonably concludes that such a pattern exists and is reasonably likely to
cause material harm to borrowers or tenants residing in foreclosed
properties, the Monitor may propose an additional Metric and associated
Threshold Error Rate relating to Servicer’s compliance with the associated
term or requirement.
HOWEVER, if there is ANY good news, its that the servicing agreements nearly across the Board have given FULL OWNERSHIP DECISION RIGHTS TO THE SERVICERS…thus the servicers could MODIFY EVERY SINGLE LOAN THEY HAVE without ANY NEED of ever talking to the “investors” or getting anyone else’s permission
..and I can point you to the sections for you to show the judge, then show them the Settlement Agreement, then tell Eric Holder the servicers ARE VIOLATING THE AGREEMENT and ask for Indictments..if he doesn’t, HE gets thrown into the group of conspirators…pretty simple formula, which is all that the legal system is
it has been a rule/law that only the NOTE HOLDER can modify or re-fi a loan…which has been a bone of contension that homeowners are wasting their time to gather “proof of income, utility bills, etc.” and fax over and over again because the bank needs this or that and it’s all bs because the servicer has no authority? Tom, please provide whatever you are suggesting stating the “servicer” has the authority?
What is the ONE thing the Banking Cartel doesn’t want…. for the entire Truth to come out
THAT should be our collective purpose…there is a HUGE amount of evidence to go through.
I still want a transcript of the secret private meetings Obama had with the Cartel – which he is refusing to release. We should ALL demand they be released.
The NEXT thing we should all demand is that Eric Holder apply the same standards to the Banking Cartel that he just applied to Toyota.
The Justice Department just announced one of the largest fines ever imposed on an automaker, $1.2 billion from Toyota for the way they handled the dangerous unintended acceleration of its vehicles
Time magazine reports the four year investigation began after an off-duty California Highway Patrolman and his family “barreled off a highway at 120 miles an hour and were killed, despite desperate attempts to stop the borrowed Lexus they were driving.”
It seems millions of American Homeowners barreling off the highway of home ownership qualifies for a similar investigation and penalty, Mr. Holder and Mr. Obama.
Holder announced today. “Rather than promptly disclosing and correcting safety issues about which they were aware, Toyota made misleading public statements to consumers and gave inaccurate facts to Members of Congress,”
Same here, Mr. Holder. Do your job or resign.
I strongly suggest each one of us and everyone we know which we can convince to do the same, publically, in letters to our two U. S. Senators, our Congressperson, Eric Holder himself and President Obama, and our local newspapers, TV, radio stations AND ELECTED OFFICIALS demand the same, and follow through with ongoing meetings. Let’s deluge everyone with evidence. There is a TON in your local Courthouse as well as in your own files !
The SECOND thing the Banking Cartel fears, is being put out of business and replaced as “Owners of the World”.
THAT is the ULTIMATE goal.
Rep. Edolphus Towns, D.-N.Y., chairman of the House Committee on Oversight and Government , and all his Committee members should be on a first name basis with each of us, as we should be with our Senators and Congressperson.
We owe this to our children and future generations.
Well, great idea except for the fact that Eric Holder will never be of any help whatsoever. He worked with Covington & Burling Law Firm and contributed to the creation of MERS!!
No Help with him~
JOHN SORRENTINO
March 19, 2014 at 6:24 PM
I have question my loan originator FGC assigned my mortgage to DBA fremont mortgage on 6/13/2005 done by MERS ,In 2007 they went bankrupt in 2008 CMS notified me saying there my new servicer i went down to land records office no assignment on recorded so i called CMS asked them who they are and what gives them the right to service my loan it was not recorded at the county the only true and recognized and official records they lady from CMS told me they due there assignments threw MERS which we know bunch bs now fast forward in 5/26/2011 there trying to say FGC commercial MTG fin assigned my loan by MERS to Deutsche bank here my problem with it if FGC went bankrupt in 2007 they no longer handle mortgage how could the assign anything there no longer in business they could assign some thin they did not have second of all the only authorized party who could due assignment would be the bankruptcy trustee for the bk lender if MERS did assignment on behalf of bankrupt entity is that criminal violation of the bankruptcy code another point is if mers held the mortgage as nominee for lender who was out of business or liquidated in bankruptcy there could be no party legally able to assign what i think happen CMS bought some of FGC assets in bankruptcy my loan was one for example i dont think they ever assigned my loan to CMS and that’s why it was never recorded Last but not least that bogus assignment it was done by VESTA LAND TRANSFER CORP the advertises the most cost and time efficient services from default to closing available in the industry plus the due the own in house processing there address is the same for the law firm that is suing me vesta recorded the assignment by MERS plus my assigment was done by and signed by a robo signer tom croft CMS sent bad papers to vesta prepared and filed a fraudulent assignment plus my PSA stanwich asset acceptance company the registered sec agent made no assignment of mortgage to anyone party that’s is named in my lawsuit what due you guys think i would like your feed back
Tom Heinrich
March 19, 2014 at 11:45 PM
That’s a fact for him to be replaced…conflict of interest, or would it be more of Aiding and Abetting.
Should we act as our own Grand Jury ???
Republican or Democrat, they are the same Clique aren’t they, the same group JUST WITH DIFFERENT NAME TAGS…the Republicans have their own uprising, where are the Democrats who will take on the corruption and criminal behavior within THEIR party
Tom Heinrich
March 19, 2014 at 11:53 PM
John, YOU DO KNOW that being in court means you have an Open Door to DISCOVERY…get those subpoenas out there, schedule your depositions…
I know a GREAT group of Court Reporters here in Florida that will even help you do Skype depositions.
Get facts, put them before the court
Contact others who have gone against these same people and get THEIR discovery..
One thing I have come across is that people do not know that records of law enforcement agencies and regulators are OPEN TO THE PUBLIC with relatively few exceptions, open and ongoing investigations being one of them, but THEN YOU know what they are looking for from YOU to complete THEIR picture.
WE SHOULD NOT WORK ALONE…any of us
I was startled by one of the big corporate law firms revelations to me about the civil recourse I have…shocked actually
hammertime
March 20, 2014 at 10:00 PM
@ John sounds like you may want to layout dates of assignments etc and check if properly recorded, transferred depending on your state. If CA, Glaski may be good to review. Also you may want to check the money trail. Of course not legal advice.
Bpbbi
I don’t do any banking on a computer .For years .Thats why i had the credit card problem
with Capital. They refuse to take cash at in Capital Bank I mailed them a USPS order with proof etc and they said they did not get it when i sent them a zerox of proof they cashed the original postal money order, where did they get it from?
There’s legal hacking and then there’s illegal hacking. We prob need to turn the tables more on them or we’ll have to go back to the stone age. Kind of funny situation where I contacted a lawyer who was on a case that was distributed and they got upset their direct line was on there. The person that sent the email had a strong confidentiality warning in their signature so I told them I couldn’t send but they wanted me to give them their info anyway! Maybe we should put a warning on our emails and report them when they mess up! Modern version of catching Al Capone!
Void judgments are a nullity.I have been fighting these void ab initio judgments since 1997 No statute of limitations The case was under Federal jurisdiction when a State judge without any authority signed two void ab initio judgments. Chief jonathan Lippmann ruled this is unconstitional but judge Schlessing who was asked to mark it vacated took money from Fidelity Title. ———-get it
lms53 – you are putting your whole picture out there if you don’t have an anti-virus program running. No wonder it’s acting wierd. ANYTHING you do on the computer with the internet (banking, emails, searching, buying), ANYTHING puts you at risk! Attorneys are hired by the banks; they don’t work FOR them. Attorneys don’t go on the payroll of banks and most of them don’t know squiddly about computers. REAL hackers are out there to get informtion that they can SELL….and they aren’t going to work for attorneys either. There’s big money for hackers who have info to sell. I highly doubt that the measly hourly rate that attorneys pay their employees would meet the requirements of a hacker!
thanks bobbi, I am aware of that and I don’t do any banking or anything at all with account # on line, but I am in need of a good antivirus program. I have with my internet service. I just have to download it and I am going to now. I don’t think I was ever that active on the internet until my foreclosure and then I started searching it for info about foreclosures and that is how I found you all and I am glad I did even though we will probably never meet. It is good that we can vent here and maybe gain some knowledge to get all of us thru this terrible mess brought upon us by the banksters. Im old fashioned, I still order checks.
They have a second computer set up in An Astoria bank building in Garden City ny/
Both my florida cell phone and my home phone gets switched to phones set up in Garden City
I have lots of anti spy ware etc, it doesn’t over come a second computer as if its just aniother computer or phone for Astoria.
All banks have hackers on their staff for knowledge of protecting their own books,
The debt collector attorneys MJRFwho hid four mortgage checks no longer work at Astoria but after the time they auctioned off my two condos without owning them I learnt the computer. and saw Astoria Federal /Fidelity had won a Winstar lawsuit of $437 million for giving goodwill to The Bank mixed up in stealing my properties. I went to OTS, OCC,, Bush, Clinton Spitzer. State Judges Federal judges and finally it good reversed vacated and they lost the $437 million .
For arilyn Lane and Lms53 – I highly doubt that Astoria is hacking your computer, Marilyn nor yours either,Lms53. You both need to get a good anti-virus program, set your defaults on your firewall a little higher and a good ‘cleaner’ to scrub out the ones that are already in your hard drive! Really, getting a little bit paranoid??!!! As more and more high tech comes on the market there are more and more hackers out there who just love making you crazy for no other reason than they love it! Your typing response has little to do with ‘hackers’ and more to do with spyware and virus. And you may want to check what your keystroke speed is set on your computer, Lms53.
bobbi, it only gets slow when I respond on this website, but I do need an anti-virus. this is the only blog that I am on though. I think all of us who are on there and have made it this far thru the foreclosure process (6 years and I am not bragging) but we are knowledgeable enough to fight this long, that maybe the banks crooked attnys think they can gain something too. Sounds crazy I know but I would not put it past the banksters and their crooked attnys.
ims
I have all sorts of strange typing and my typing all over the page on my computer too but i have hackers on my computer from Astoria Federal S & L.
If u ever communicatd with bank or their attnys via email, they can hack ur email, Im sure of it. and I am not paranoid, if you are fighting them and you have valid defense, they will hack you.
something is weird, because when I type a reply, the typing gets slow and non responsive. this is what happens when I type regular:
See you cano kep up with the wds as fast a s I am typing I am not that d a typist, strang uh!
I completely filled that in for one report for equifax and equifax replied ” I” can’t get it on line and it will take 15 days to mail it to me after the receive the filled in form
– there was really no reason for that.
I have found the credit bureaus work with with all the corruption.they definitely know i argued with Capital so they side with the credit card companies..
Marilyn sorry to hear ur situation. I too have started to hate where I live and it is chases fault for all of the aggravation they have put my son and me thru. People r ruthless these days and we r living in a survival of the fittest society
thanks for the court house information. ( am not making anymore attempts to pay them, they refused cash at Capital bank. Since they know my two condos were stolen they are trying to get a claim on my properties with a judgment The asst property manager at/ the REIT i live in is a felon and trying to do the same. I went to court and won and have a roof over my head but hate it here.They all band together and know i need a credit report to get out, july I will go even if i have to be homeless. I have always paid my rent on time and they make up other issues to try and get that judgment. They intentionally put in a wacko in the downstairs apt so that i break my lease.
no shortage of dishonest people.
Another corrupt experience with a bank this morning. This time Cajpital One Credit
I was paying off a credit card I closed at a minimum amt of &$16.per month. Then they hid one
timely payment of $16 and say you now have to increase it to $32 not that i can’t i won.t
Who ever posts to stop making payments of any kind to a bank is RIGHT, you don’t get your payment credited. The thieves at the banks all keep coming up with new scams
remember Marilyn in the bible, “slave to the lender” I cant wait till Im free and my day is coming. They will keep coming up with them as long as no one is prosecuted criminally and I would not hold my breath for that.
I don’t carry any credit card debt and I have never been in debt in my life until Chase thru me into foreclosure and packed on all those bogus back fees. I always pay credit cards in full. Get rid of credit cards if you cant pay them in full. They will keep you in debt.
im in florida and the AG here is no good. Why did she fire those 2 attnys that were getting to the bottom of this mess. She is just as bad. Blackstone group is just looking for the next foreclosure victim so they can snatch up your house and rent it out on a long term lease and bundle that up and sell it. I guess they just have not learned and that’s because they are the “untouchables” criminally. I am by the beach and blackstone a/k/a Invitational homes are buying and leasing long term. Investors have driven the prices up and no decent hardworking person can afford a good house as in my area. They are trying to drive me to the “hood” to live in . They can kiss my a**. Florida Sucks. entire state is corrupt.
I hear you ! We finally learned that the banks are crooked. They accepted $6,306 from us as first payment of making homes affordable on Jan 8 2014, They sent a statement that proved monies received from my certified funds. They deny me being in program and say it is my fault for getting scammed. The Sheriff put up a eviction notice (24 hour) and I had to pay thousands to lawyer to get motion for writ of possession and motion to vacate the foreclosure sale. I have written proof they avoided me for a month up until the day the first trial payment was due at which they said, I was never in the program and now its too late anyway. We filed complaint with Florida AG, NY State Financial Services, TARP Fraud Hotline, and made a FOIA request of Us Dept of Treasury asking if our loan was part of the bailout. I will fight this with EVERY cent I have and my family has offered another $50K to fight them. I hope it is enough we have a very uphill battle. I never realized how crooked Florida , and America is. This country is OVER. America is GONE people, trust me. Gone. We are F***ED. Sincerely, Rich in Florida.
Tom how do u discover your PSA. I don’t believe there is one. How do u find out. I too had a hearing today and the judge was so nasty. I found it strange that some attny I never met recognized me and called my name and when I ask him how he knew me. He said he saw me sign in. Also the judge treated me like crap and I had my keys out and the sheriff lady told me to put them in my pocket like I would do something with them. These people are whacked and we are in the courtroom fighting are asses off to save our home and they want to intimidate us with their crooked ways. System is definitely rigged
Should complain about the judge. He is either overworked and burned out or just plain crabby. They want to intimidate and scare us away so we will give up. There were only a couple other homeowners there. We r the outsiders trying to get an inside on this unbelievably crooked process and the courts don’t want any witnesses to their crookedness so they scare u out.
This is the very reason I am suggesting that, we the people, bring this fraudulent
foreclosure practices to the Attorney General, District Attorney or even a local Sherriff because it is criminal….not civil…we must get our issues out of the civil courts…YOU CAN’T WIN…no matter what you prove!!
The 2 hour Special Set hearing in my case today was interesting….. the issues were limited to only my Motions which had been filed prior to the original Feb 7th hearing date at which time Bank of America had just substituted in Counsel, the first since Ben Ezra Katz withdrew some years ago. March 17th 2014 is the first hearing on those relatively few Motions I filed in December and January… there are still the majority of my Motions to be heard and trial is set for April 23.
ALDRIDGE CONNORS refused to appear, although I spoke to one of their attorneys I dealt with previously in the hallway and served her some materials. The Magistrate refused to grant my OSC and Motion to sanction ALDRIDGE CONNORS, who I maintain expressly and flagrantly violated Florida’s Rules of Professional Conduct, and did not obtain court, client, or previous Counsels approval to be legally considered Attorney of Record. I maintain Carlton Fields Jorden Burt may not act as co-counsel to attorneys who are not properly of record. Without ALDRIDGE CONNORS appearing, I feel my Motion for Sanctions should have been granted, but the Magistrate did not agree.
I came away with some Certiorary issues, but the most important thing was my Motion to Compel viewing of Original Evidence WAS granted, and for the FIRST TIME SINCE APRIL 2008, I WAS ABLE TO INSPECT THE ORIGINAL NOTE AND MORTGAGE !! The Magistrate and Michael Winston made it known they held ME culpable for the six year delay in my case, to which I made it known the “near hostility” of the Court was improper. The Magistrate granted my opposition to Carlton Fields trying to slip in a change of party plaintiff and left it for a triable issue, as well.
Foreclosure action filed April 2008, allowed to inspect March 2014. MY fault ? Why are the foreclosure attorneys being allowed near Carte Blanc and the banks not required to document EVERY step of the chain of ownership.
I withdrew my Motion for Judgment against Bank of America and will engage in settlement discussions with them of our issues.
The issues are simple…either my Original Lender never transferred ownership and my accord and satisfaction should be upheld by Florida’s courts, or if HSBC DID acquire ownership, I am due AFFORADBLE PAYMENTS ON ANY LEGITIMATE BALANCE STILL DUE.
One or the other.
And THEN there’s the issues of all of the banks deception, misrepresentations, and unfair conduct……… I refer all of you to read 9th Districts McCollough v Johnson et al decision a few years back ( Montana case ).
The system is rigged. My suggestion ? Discover and Document the truth and share it with each other. My pleadings and depositions will be gladly shared. Wells Fargo’s internal Manual is now online as well, I suggest you all obtain a copy. You all know how to discover your Pooling and Serving Agreements and Registered Holders, and MERS in and out materials I hope.
Documenting is something ‘they’ don’t want you to do. One reason to DO it, right ?
“They” read this ? Great !!!..now hacking my other accounts and emails is criminal, how do we prove THAT ?
Time for all of us to contact all Florida legislators and ask for legislation reining in judges and lawyers with SPECIFIC requirements…they are out of control.
Tom what can u use to prove that your note was never xferred. I definitely know mine was not but the bank always acted like they had to have investor approval which would delay any loan mod I was trying to get. It was always a stall tactic on the banks part because we all know that the plaintiff holds the note. Fannie Mae is a facade that the banks hide behind. They are LIARS.
Would be good to figure out if actually hacked or if trolls. I’ve had experience w/ possible trolls on here; people possibly posing as wanting to share info then not responding. If phone and cell phone though probably hacked or spyware.
I agree however in my case and perhaps up to 2 million other cases, chase changed the interest rates and loan terms of my loan during the transfer. title 12 u.s. banking act, says that the loan can not be changed after the transfer. now chase has made my loan per their notice from chase.com website to `11.7 percent and balloon payment of 312,000 dollars at “.7 percent. the uscfpb has know about this for months and looks the other way. allegedly. and more importantly chase has refused to turn over the old loan numbers to the federal judge in boston ma in that mdl case I posted about so all those people will not get a notice and the plaintiff attorneys gets $ 10miilion dollar alleged bride and the six other law firm s across the us trhat handled this case and the homeowners get absolutely nothing. I got so angry with Gretchen obrist of kellerrohrbach.com in seattle that I filed a complaint with the Washington state bar.
david, I also contacted one of the attnys representing the plaintiffs on this mdl suit. He was helpful at first, but I know they too were just in it for the paycheck. If the suit got as far as it did, they should somehow got them to admit to their criminal actions, but I am sure they were told to backoff and don’t make the banks admit to any wrongdoing and you will have a nice payday and again the homeowners are screwed. I had a hearing this morning and the judge talked to me like I was s***. they are all trying to put this fraud behind and move on. I hope they all rot! I hate to say it, but I really don’t expect much from this settlement either. They breached contracts, the good old American kind and it does not seem to matter to anyone.
Same here. They actually insist I’ve asked for assistance when I didn’t and then gave me an offer to “forgive” a few hundred thousand off purported debt. It had a slight catch that would have cost them less than $20,000 to resolve. Makes you wonder.
lms
March 15, 2014 at 9:58 PM
in my case they breached a hamp loan mod not one time but twice. I am sure they are going to try a way to worm out of making good on this class action too. you have to stay on top of their game.
hammertime
March 15, 2014 at 10:22 PM
Definitely. You have to question whatever doesn’t seem right even if they claim to respond or claim their acts are valid. From the first payment in ’08 I was told that a reconveyance was all that’s needed and now I’m glad I kept questioning it with Homeowner Bill of Rights 6 yrs later. Have to keep pushing even with all the problems. BTW Gov. Brown is being sued for diverting funds that should have gone to homeowners.
so you think someone is obtaining our email addresses and hacking our accounts ? Give me all the info you have !!! They don’t have to search for MY email account, I’ll give it to you and everyone….it’s reachth@yahoo.com
We can’t testify in each others matters even if we wanted to….. we have no first hand knowledge of each others matter.
The Fla AG is holding back right now waiting for more input and developments. Pam Bondi is one of the insiders along with the 4th District Court of Appeal, in trying to quash all the investigations into the wrongdoing of the banks and foreclosure mill attorneys – neither is doing very good at it, as it is out of their control in the long run. Be interesting to see who THEY have their investments with.
Bondi fired Theresa Edwards and June Clarkson because they were threatening the MERS system. PERIOD. The MERS system is intended to have the majority of homes owned by “The Collective”, and that’s why so many judges don’t want to buck the system…..it’s the system that put and keeps them where they are for the most part. That said, NO judge is ABOVE the law…we are ALL under it…it’s what drove Nixon out of office. Even the judge who threatened April Charney when she brought a reporter into court with her, could not dissuade her from doing what was right and legal. The judges don’t want to ruin our banking system, but by destroying our judicial system by blantantly and brazenly disregarding it is even worse…our banking system can be reformed into abiding by the law and the criminals replaced by law abiding bankers.
Don’t look for our 2014 Florida legislature to help, they’ve pretty much been told hands off.
It’s ALL OF THIS that we are fighting. The best way is to BRING ALL THE FACTS INTO THE OPEN and then apply the law. Simple as that.
tom, same with me, fannie mae and chase claim ownership, my note has never been sold/transferred as chase wants to claim. I have hearing on mon. I will try and pop in on yours. sounds right up my way. hope to meet you.
Are you talking to me CV4 I’d say judge Edith Millers
ruling when the two fraudulent foreclosures began
. After that I filed a petition in Federal Court in Southern District NY – case was docketed that Lane ( M.Lane) v Astoria/Fidelity had demanded and PAID for a jury trial. I have all the papers in a vault.
What we need are our Attorney Generals fighting for our Constitution. Back a while judge Edith Miller now deceased ruled for me when the bank hid my checks and when the bank made their offer she reversed herself but the NY DA was smart enough to have her retire
Tom
I went into Federal Court on a Credit type decision and Judge Louis l Stanton ruled for me and demanded i ask the bank for settlement and then when the bank came with their offer the judge reversed himself.
I guess I’ve discovered how to get rid of foreclosure mill law firms and get straight to dealing with large corporate firms. Sterns office abandoned the case he filed against me in 2008, it was picked up by ALDRIDGE CONNORS in 2012 who refused to discuss the case with me until after – surprisingly in December 2013 – setting it for trial, and thereafter switched me around to about 15 different staff attorneys until calling in the big guns at Carlton Fields (who last time managed to help me get a new apple for going after Wells Fargo).
On Monday March 17th there is a Special Set hearing to hear Motions I’ve made – including for Sanctions against ALDRIDGE CONNORS. Anyone interested can attend, although last time the public was excluded (improperly, in my humble opinion). Trial is set for the end of April, and my extensive research has turned up FASCINATING new possible crimes – including Wells Fargo maybe having forged another Assignment and possibly an endorsement… matters Feds are all of a sudden perked up about… it seems WELLS FARGO may be operating FOR THEIR OWN ACCOUNT in my matter (trying to personally obtain a windfall), which could open a massive criminal matter that COULD result in Indictments. I am pushing for the WHOLE TRUTH to come out in my matter… I didn’t think the banks or foreclosure mills wanted that, but it’s going to happen in MY case. (I AM a broadcast journalist !) With my original lender saying my loan is satisfied and they never transferred it away, Wells Fargo having obtained my original Note and Mortgage with just a simple request to the Custodian bank my lender stored it with (which could make Wells AND that institution guilty of committing financial fraud), and now nearly a half dozen entities claiming rights under my (tiny) mortgage which, if the United States Bankruptcy Court is to believed is satisfied and doesn’t exist any more, my case could just become as interesting as the Credit River decision ( you all KNOW about the Credit River decision, don’t you ???? )
That’s right Bobbi. That’s what the banks are counting on. While they never have an ending supply of money. We the average consumer do not and I have spoke to many att us and most want nothing to do with working out a solution for both. I am done with attnys. I never was involved with Mers and maintain that chase has always held my note, mtg and the servicing. This class action is it for me. If chase does not make it right. I am getting out and moving on so I can still buy while rates are good. After seven years. I have had enough sleepless nites.
Wat you’vs said above is true for the most part, except that MERS was created as a means to avert the public records and the filin fees of individual loans as assignments. MERS was created as a ‘tracking’ station for all those loans that were bundled and sold. Most of the courts have deemed that MERS is not a lender and therefore cannot own notes or mortgages but again, those other courts have allowed foreclosures filed in the name of MERS as one of the plaintiffs. Several county recorder’s offices have filed suit against MERS for the loss income from unrecorded assignments etc. The outcome I have not seen as any penalties or justification as most of the time it is settled out of court and a small pitence of what should have been paid in the way of recording fees. Unfortunately, the recorder’s offices can’t sue them on behalf of the homeowners sine they have no jurisdiction to do so. I’ve already tried using one of those cases as proof in my own case of fraud and the judge claimed it had no bearing. And, you can’t get a foreclosure case moved to a crimminal division. It’s always considered a civil suit. And if Schneiderman had such a hard time with proving fraud on the crimminal side then what are the odds that an individual fiing crimminal charges is going to stick? NONE. Schneiderman had/has much more financial resources than we as individuals have at our disposal. This is just what the bankstas are counting on anyway….drain you down until there’s nothing left and still steal your home and all by the grace of the court system!
Bobbi….I am not saying to take these foreclosure cases to criminal courts…take the FRAUD to the Grand Jury…we are victims of a CRIME….that is against the Law….falling behind on our mortgages is not criminal…..I am urging going in another direction!! That is what I have just done after loosing in the Circuit Court and now the Appeal Court…with NO OPINION offered on why?
I will keep this website aware of what happens!!
JOHN SORRENTINO
March 14, 2014 at 11:40 PM
hi you say you want to get your case into criminal court there is show on friday night randy kelton rules of radio i would love you to call into the show he has away you can get your case into criminal he has judge arrested for not accepting evidence subject matter jurisdiction let me know i would like you talk about your case let me know if your going to go on i want to listen and i bet you will be surprised on how he can give you advice to help you
@ ldynps – g to our state attorney general? Are U kidding?! Our AG (Pam Bondi) is as crimminal as the bankstas. She even had two of the other attys fired and relieved of their job b/c they opened a crimminal investigation of several law firms here in Florida. When they began uncovering the fraud, deceit, etc. they were suddenly fired! And one of those very same firms was a donor to her campaign fund. She took the settlement monies from the Mortgage Fraud Settlement Agreement (which was 50 states nationwide against 5+ major lenders) and gave it to non-profit (hahahaha) agencies geared to help those in foreclosure and the rest of the funds were grabbed up to make up the short fall in the state’s budget! Those who were harmed by the fraud never got a dime of that money. We can’t go our AG’s office for help – that’s like putting salt in the wound, but nice try for your advice. Some states (not many, but a few) have decent and honest AG’s.
You are absolutely correct Bobbi….however, that was two years ago the AG’s know more now than then. This fraud is criminal…not civil so the attention must change to go in that direction…FBI….District Attorney’s and all crime fighting departments….as long as we keep fighting in the civil courts, 99% will loose….My advice is to go in another direction, the civil courts are not helping WE THE PEOPLE….Nothing ventured, Nothing gained!!
If you have owned homes in the past, you were able to go to your bank and get a RE-FI as many of us did if we needed cash for medical issues or a new roof!! It was called a RE-FI because that’s what you were doing…REFINANCING YOUR HOME LOAN…The word MODIFICATION is a new word and the reason, in my opinion, is the bank you are asking DOES NOT ACTUALLY OWN THE LOAN and you cannot re-fi, modify, transfer, grant, assign or anything if the bank does not hold the note!…
The Bank’s created MERS in 1997 so they could bundle home loans into securitized pools of thousands of home loans (mortgage back securities) and sell those bundles to unsuspecting investors around the world. As long as the homeowners paid their mortgages, there was no problems or issues and this ILLEGAL process went on it’s merry way making more money for the banks than they ever experienced in the lifetime of being bankers!!
However…in 205-2008- shit hit the fan with the economy for whatever reasons you know or believe, ie: Reaganomics, Bush’s expensive WAR, NAFTA, outsourcing….whatever! American’s no longer had jobs to continuing paying their mortgages. When you called or went to the BANK to ask for their help, which they used to grant with no problem because that’s the way it was…you were then put into their “WEB OF DECIET” because they had no idea where your NOTE was!!! Well no shit…they bundled our valuable mortgages in with so many pools and sold them over and over again and they did this crime through their 1997 creation of MERS, WHICH IS A PAPERLESS DATA COMPUTER!!!!
So, the BANKS could no longer RE-FI loans because…now please get this straight….they don’t own the loan in order to do that any longer….
The Attorney General in Delaware, the capital of filing corporations, is Beau Biden, son of our VP, and his investigation underwent a 1 and half year time frame. He said, it took that long to come to his conclusion that…now get this cause it’s the truth…THE BANKS HAVE NO IDEA WHO OWNS THE NOTES!!! That’s why you will never get them to produce it to prove they own it and that is why they CAN’T modify a loan as it used to be….my suggestion has been to STOP faxing all your applications, electric bills, proof of income etc…they just shred it on their end because all they are doing is “sticking a pacifier in your mouth” until they can get you in court where they produce false pieces of paper into the evidence and the deal is….”THE COURTS ARE ALLOWING THEM TO DO IT”….With that said, we have lost our freedom and justice for all….Further, the banks put some 63 million loans into MERS, that’s half of all the mortgages in America and we are screwed if you are one of those 63 million victims!! We need to get these cases out of the CIVIL COURTS and into the CRIMINAL COURTS through the GRAND JURY….as long as we are fighting in courts without a Jury, we’re going nowhere fast! If JURY’S were allowed, this nightmare would be over, the banksters thrown in jail with Maydoff and our BANKING system re-designed…other than that, we are all wasting our valuable time and money fighting “the worst crime to ever be perpetrated in the UNITED STATES”…My unsolicited advice is save what money you are also wasting on Attorney’s who don’t “get it” and will not fight the Judges as they should in any other normal court proceeding because they need a good relationship with the Judges and the Courts for their own futures!! It’s worse than anything most have ever experienced as we have all been mislead to believe we have rights and freedom and justice….it’s all a lie!
At risk of being incredibly tedious and boring, and as a ‘clueless pro se litigant,’ and as one who is always alert to the opportunities of betterment of oneself, and in view of my responsibility to my readership under like duress who I presume are also of similar interests, I have been reading Blackstone’s Commentaries. These commentaries do not have the force of law anywhere in the United States, other than their widespread acceptance by people in our legal community as revelation to guiding principles in the interpretation of the intent, if any, of our legislators here in the Western Hemisphere, to continually clarify the rights of man against the rare despot or oppressor. This material should only be used in open discussion with our grand or petit juries in satisfying their curiosity and interest, or in appeal of decisions that may have relied on reversible error. To preserve your rights of appeal, be sure to raise this issue with your jurors.
“The grand and fundamental maxim of al feudal tenure is this; that all lands were originally granted out by the sovereign, and are therefore held, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord; being he who retained the dominion or ultimate property of the feud or fee: and the grantee, who had only the use or possession, according to the terms of the grant, was styled the feudatory or vassal, which was only another name for the tenant or holder of the lands; though on account of the prejudices we have justly conceived against the doctrines that were afterwards grafted onto this system, we now use the word vassal opprobriously, as synonymous to slave or bondman.” -from Blackstone, Book II, Loc 8240 of 29509, Kindle, as highlighted in yellow in mine
Note the word vassal, used above as a term of apparent opprobriation. We have no slaves today, or countenance any held by others. Vassals were indeed opprobrious at the time, especially if you were one yourself. The vassals got together at Runningmede later on, and agreed with King John, by the Magna Charta, that they would be vassals no more. Maybe a little bit. A bunch of vassals voted with their feet, and went to the New World, to live free or die. They have all died by now. Prior to that, they declared to King George the Next their independence, and made their own country, with a Constitution on which we in America base all our laws currently. It has worked out fairly well, being largely well attended, with only the one War of Civility. The important thing is that, once seized from the barbarous tribes, real estate has been transferred from hand to hand for a few centuries now in an orderly and well understood manner.
Until we have now come to the Mortgage Electronic Registration System, which for instance thoroughly diminishes, debases, and disguises all definition of ownership of an acre of land in County Burnet of Texas, especially in that common early state of affairs as between a mortgagor and mortgagee. The previous owner is quit and gone; the future owner is yet to be; and the transactional cash flow is drawn and quartered to maximize the speculative yield, as much to investors in Byelorussia of a few microseconds as to a chartered Federal Depository Institution of responsible and aged counselors. There ought to be a law! In fact, there is, and it may well be unconstitutional. We have yet to judge.
Here’s a little gem from the chase class action from David Black’s post:
“Yet, Chase has modified less than a quarter of mortgages of “seriously
delinquent” borrowers; the vast majority of the balances of such mortgages are “unresolved”
with neither a modification nor a foreclosure. Olga Pierce & Paul Kiel, ProPublica, By the
Numbers: A Revealing Look at the Mortgage Mod Meltdown, Mar. 8, 2011 [hereinafter Pierce et
al., Meltdown] (analyzing Moody’s data on 300,000 subprime loans more than three months
behind, all of which currently sit in mortgage-backed securities).9 Indeed, Moody’s data reveals
that “[t]he worst [servicer] was JPMorgan Chase, where the average modification occurred 11
months after the borrower fell behind.” Id. (emphasis added).”
And we’re supposed to be the deadbeats manipulating the system.
P 76
B. Chase’s Documentation of Loan Modification Agreements and Its Accompanying
Written and Verbal Representations.
P 79
b. Repayment Agreements.
P 82
C. Chase’s Common Course of Conduct is a Result of Its Policies and Practices.
P 84
D. A Prolonged Modification Process Leads to Unfair Outcomes for Mortgagors Which
in Turn Benefit Chase.
P 85
1. Chase Profits From Increased Principal Balances and Extended Loan Terms.
P 86
2. Delaying Foreclosure is Advantageous to Chase.
P 87
3. Mortgagors Suffer Whether or Not They Are Eligible for a Modification.
hello
I tried to post this before. chase is under federal court supervision in a class action that may help all of you there in California. the website is http://www.chasemdlsettlement.com. you should have received a notice If you had an emc chase servicer in the past and has one of their fraudulent modifications like I did. chase however is not giving the court the old account numbers where the mods were done on the first and second trusts by emc bear stearns now chase home finance. if you are being foreclosed on the federal judge will stop it if you had a mod done by emc chase both before and after HAMP I and II started. good luck.
I have been fighting chase for seven years and still in my home. they are really really bad all the court docs are there for you to read.
david, have you tried to get a modification under the class action yet. the class action is multi district including florida. remember this is about chase breaching contract and they may have to go back and cure all those delinquent fees and unjustified interest. At least that’s what they call it when and if you sign a new modification and call it principal. don’t do it!
Well its been so long now I can’t remember when it al started. the 2nd NOTS is unclear to whom I owe the debt. Servicer and Trustee stonewalled me and I did not file bankruptcy in time. Servicer refused to speak to me said ” talk to the foreclosing attorney” who was the trustee . Trustee said “I will not stop the trustee sale without servicers instruction so my property was sold to a developer that had been working with servicer on short sale that I refused…. so now here I am with a fraudulent assignment from MERS to BONYM which with all the proof I sent trustee it was there fiduciary duty to postpone but they did not I warned them they would be liable which they are but I now need $7000 to pay my well known attorney to do his work to reverse /stop the trustee sale soooooo folks let me tell you you even though it is illegal , full of violations , even a back room deal of violating my privacy without a 3rd party authorization it all boils down to do you have the money it takes to bring this all in front of a Judge that has a slight idea of what the hell has happened and waste another 3-4 years of your life researching all the twists and slight of hand that BOA, BO-Banks-, Bayview, Ba-Trustees-ncial, Recont–Servicers–rust, the Robosignes etc have done ….. here is the question of the day
Who is The Bank of New York Mellon N.A. ? Do they actually exist? I cannot find them, I found BNY Mellon N.A. and The Bank of New York Mellon Corporation but I do not believe that “The Bank of New York Mellon N.A. ” ( Mortgage Loam Transfer Disclosure Notice) actually exists anybody know ?
Did you file bankruptcy prior to the trustee sale? Because it should have stopped everything until the bankruptcy was discharged, at least that is what happened in our case. The trustee in our case said almost the exact same thing to us about not stopping the sale unless instructed to by the bank. Here in Washington State we have recently noticed a shift or maybe it has been going on for awhile. It seems people are starting to go after the trustee for fraudulent practices because the trustee is a part of a law firm which not only represents the bank but the trustee as well.
Similar situation with Chase. They changed trustees after they claimed they were the “attorney in fact” and were asked to prove it but didn’t, then they claimed their lawyer was in charge of sales then they wouldn’t prove their standing and changed to another trustee. I questioned when trustee started saying they couldn’t stop sales because they were employee of Chase. I made complaints with CFPB and local officials. 2 or 3 sales stopped. I complained again after the trustee was sold and they now claim they are employed not by Chase but by banks, though they “mistakenly” answered Chase. Complaints may help when there’s a homeowner bill of rights or with new people at CFPB. But yeah they are still trying to run us down.
Bobbi
What does your attny say about transferring the loan in the middle of foreclosure process. Seems like chase wants to drag the foreclosure process out further by doing this unless the right hand doesn’t kno what the left hand is doing so to speak. I have been fighting chase as long as u have but I say chase has always been the note holder, services, the whole enchilada so they can’t pull that crap on me. They probably just want to break your bank and when the money runs out. They take the house
I have a case with Chase where they claim to be everything even on previous “paid off” loan. CA Homeowner Bill of Rights seems to have forced them to provide info with major contradictions. can reach me here if you want to compare notes elsa.carter-avpci3n@yopmail.com temp email
@ Fighting in Florida – how were you able to file for quiet title if our were still in the foreclosure process? What did the judge deny and I am assuming that the foreclosure suit was dismissed with prejudice? How were you able to get that accomplished? I have been fighting Chase since 2007. My motion to dismiss was denied. Now I have an attorney handling the case since Dec. 2013 and in the interim Chase sold the mortgage to PennyMac. It’s all such a joke!
Since the judge strongly advised Carlton Fields attorney to use their ‘considerable influence’ in offering me a Modification, it will be interesting to see what, if anything they come up with this time – Wells Fargo has a history of adding garbage fees up the Ying Yang they can’t justify ( check the latest court rulings ) and giving you only hours to think about it or it’s withdrawn.
More and more fascinating things are coming out…more after the hearing, stay tuned !
John, If Wells Fargo is NOT the original lender bank and “HOLDER” of the Note, they can’t modify anything! This is the “BIG LIE”….if your Deed Of Trust has MERS on it, the banks MUST foreclose because they destroyed the notes in order to bundle them into those illegal “pools” and sold them to unsuspecting investors around the world!! That is the CRIME and why these cases need to get out of the CIVIL COURTS and into CRIMINAL COURT. The banks must get you out and sold to someone else so they can create….”A NOTE”……If Wells was your original lender, then you need to refinance it, not modify it…who ever heard of a loan modification anyway? It’s always been called a re-fi….Carlton Fields is as underhanded as David Sterns
BEWARE!!!!!!!!!!!!!!Accredited Home Lenders Company in Chapter 11 BK.
9915 Mira Mesa Blvd., Ste. 100, San Diego, CA 92131 Company in Chapter 11 BK.
Paralegal Robert Dooley 858-805-6193 fax: 858-805-6239 (Fax sub or sw to Dooley)
Treasurer: Dave Osborn Cell 858-663-2041
ADP
Automatic Data Processing, Inc, Legal Department, Attn: Alice Quinn, 1 ADP Blvd
Talk about fraud i live in new jersey one of the stars from the real house wives of new jersey she just pleaded guilty to fraud in criminal court so let me ask you question so how is it different from what she did then what the banks are doing she lied signed made up phony documents to acquire asset what the difference between her and what the banks are doing
FINANCIAL CRIMES CONTACTS LIST – November2010 Send updates/corrections to: Paul Libassi, Investigator, San Diego County DA‘s Office paul.libassi@sdcda.org 619-531-4349 ACC Capital Holdings Corporation (Holding company for Argent Mortgage, BEWARE OF Ameriquest) Diane Tiberend, General Counsel 714-347-4799 x12271 Loan Origination files: Julie Ryan 714-347-4799 x12202 Search warrant: Argent Mortgage Company c/o ACC Capital Holdings Corporation 1100 Town & Country Rd., Suite 1200, Orange, CA 92868 Testimony re: underwriting: Stephen Newcomb is the expert on Argent policies. Can be reached thru Ryan.Send subpoena to search warrant address for body http://info.publicintelligence.net/FinancialCrimesContacts.pdf
Tom,I know that Chase was the originator and the owner, servicer and everything else that had to do with my loan. Fannieand Freddie is just a façade. Chase breached contract with me, not one but two and have stalled me ever since, knowing this class action would get them for breach of contract. I too have high powered attnys on my case now. They assign them to your particular case when they get scared. Plain and simple, they breached a contract and now they have to renegotiate with me, although I still am proceeding cautiously. Chase never made an assignment of my mortgage so they can tell me all day that some fictitious or otherwise group of investors hiding behind fannie mae own my note but I know Chase owned it from day one and still holds it. Now they want to claim fannie mae owns it because of the liability attached. Who is currently your judge in broward. I am going to call you. Maybe we can be a witness to each others case. I am going pro se until I see how this class actions pans out. also this website is being monitored. someone has got into my emails since I became a part of this website. there are some pretty sharp people networking here and we need to stick together.
All the Broward Courts allow you to see is the Docket, not the original pleadings like Pacer. It’s a waste of money, I have the up-to-date Docket and can furnish it to anyone free of charge.
My file is VERY thick, 6 or 7 volumes…then you can add another 2 inches comprised of what Carlton Fields supplied me TWO DAYS BEFORE THE TRIAL WAS TO START. This is the type of misconduct that plaintiffs attorneys and courts are engaging in, to prejudice and disadvantage Homeowners so they don’t have the right to see, OR CONTEST, what they are going to rely on.
If there is fraud in a case, that fraud stays after the case is decided one way or the other. It’s up to the Homeowner to discover and document the fraud. A judgment obtained by fraud on the court is typically unenforceable under common law and public policy, but certainly more can be done after the foreclosure. Courts are basically GUESSING the Plaintiff is the right person and the figures are correct…they know there was a loan and it wasn’t paid after a certain date – period.
They RELY on the Plaintiffs presentation…it’s a rehearsed script, they just go through the motions, so to speak ( a little humor there ).
These are the Big Boys and Girls. Unless you arm yourself to the teeth with facts, smoking-gun proof and the law, and point out to the judge WHY they have to rule in YOUR favor, the court takes the professional lawyers presentation as having done just that. If you turn to a judge and say “They didn’t do this so they can’t do that, isn’t that right Mr. Plaintiffs Attorney ?” THEY’re likely to lose just because THEY didn’t do as professional a job as YOU.
Truth SHOUTS, but if you don’t utter and SHOW the truth, it’s not going to do you a lot of good.
What’s apparent is that all the bad docs Stern and the others put before the courts is trying to be undone, and everyone in the courthouse is looking the other way, and will probably continue to do that until people get aggressive enough to file enough documents and get enough testimony to SHOW THE FRAUD THE BANKS HAVE ..and still are.. PULLING.
Now the question is, all these foreclosures that have been allowed with fraudulent documentation are supposedly nullities …which means Homeowners have recourse AFTER foreclosure, if not to get the property back, for damages… butt this again takes PREPARATION, DOCUMENTATION and a very good professional PRESENTATION to a court.
Easier, might be to try to get your facts in front of a local, state or federal Grand Jury or Attorney General who can do a lot of the work and even get orders to compel restitution, which has already been done to a small degree already.
Everyone needs to consult a SKILLED trial ( or Appellate ) attorney in their own jurisdiction who knows the ‘ropes’ and the players. Get your options. Get your “BAR” ( what YOU have to prove ).
Only then can you adequately assess your different possibilities and possible outcomes, and really KNOW the amount of effort it will take. That’s the FIRST thing they did when they decided to invent the automobile and go to the moon.
You have professionals, well educated and trained, and judges who know the game and pretty much just go along with the flow, but out there are judges and attorneys, and prosecutors, who WILL say “this isn’t right” and finally do something to stop the misconduct…… right now, they just don’t want to collapse the banking system – which it might be too late to stop.
Producing a huge pool of uninsurable homes which then can’t be sold or borrowed against is really something judges should consider and be more afraid of than going against a bank for trying to make too much money through trickery and deceit…. and committing felonies… MULTIPLE felonies… PLANNED felonies…. conspiratorial felonies.
Wonder if the people involved in all this mortgage and foreclosure fraud owed YOU money…would you go after them for it ? They’re counting on your answer being NO, and so
the beat goes on.
There’s an election in November. Have YOU talked to YOUR legislators lately ? Don’t you think you SHOULD ?? ..and turned your evidence over to LAW ENFORCEMENT ? ( keep the originals of you ever want to see them again )
Tom, come see me. I am down town Fort Lauderdale. I am NOT a lawyer but do help one or two appellate attorneys figuring out the worthwhile appealable issues in foreclosure cases.
I don’t like posting my phone number on the web because I don’t want people calling up trying to sell me junk, or clueless pro se litigants from other states. But since you are local know the first part, 9xx followed by 728 and the last four digits are 9351.
Tomorrow would be a good day. This would be a good week. Next may be crazy depending on how two different DCA’s rule.
For all those new to this struggle, what Tom has written is a very good account of what the “reality” is in regards to these foreclosure issues. We can scream Fraud and we can scream Robo Signing and a handful of other injustices but the courts are not offering any relief or ruling based on law at the moment, whether or not you supply them with the truth and documentation. This Ponzi scheme is just too big and well organized.
As to converting to a criminal proceeding: hard to do. You have to get in front of your District Attorney and show them the forgery and wire fraud in executing bogus assignments of mortgage.
You may also want to go after your state attorney general with a “Writ of Mandamus” charging them with failing to discharge their duties to protect the citizens from statewide crimes.
NO body want to be on the hook they file dirty deeds at the clerks office all the time dose anyone go to jail .They robo sign papers make up documents is that not a criminal act everything about it is fraud and the intent is to steal or acquire an asset base on fraud i wanted to fight the fight but i feel like the wind has been sucked out of me because how bad these courts are you have no chance even if you have been screwed by the banks the courts are going to look the other way i thought i had good case spent money to get my loan analyze flow chart how the the assignments were never done pay to the order of all that stuff i feel like it was waste after reading these post about the courts just pissed make me sick
So am I to understand you have NOT gone to Court yet? If you have gathered the fraudulent documents robo signed assignments and if you paid that ridiculous fee for a company to check in the SEC website to find what TRUST your loan was bundled up with, then you have evidence of fraud and at least you haven’t wasted your time in the merry go round Civil Court system… Scan whatever documents you have and keep them in a file. Please don’t walk away John…it is very upsetting, we all are going through it…Let’s just try a different direction. I attempted to file a complaint with the DA in California and they sent it back saying it was nothing they were investigating. The Attorney’s Generals in all 50 States cut a deal for the 13 billion dollars that the banks paid and we homeowners were supposed to be paid something…I got $500 for my $400,000 robbed house!! Instead, the States are using that money to fix their roads, bridges and their State debts!!!
This my friend is the worst crime to ever be perpetrated on the American people and nothing is being done….YET!!!
To get to a grand jury- Look up your local FBI office. Go there with your computer and all your supporting material printed out, and a usb stick for their convenience. Buzz the buzzer and wait for the agent. Say ‘I’m here to report ongoing criminal activity in your jurisdiction.’ Go through the metal detector and out the other side. You’re now in a peaceful little office, you can assume sound and video is in use, you don’t need to take notes. They are excellent in dealing with confidential informants, and you can discuss your situation at great length. Turn over all information you have toi date, They have 60 days, then they will inform you 1) Hey, thanks, for coming, we’re all over this, don’t worry, we’ll get ’em; or 2)Hey thanks for coming, you’re the first relator, we’ll go get thes guys, you’ll get a reward soon; or 3) Hey, thanks for coming, you’re the first relator, we wish we had more time, would you by any chance be willing to lead or participate in investigation and case building under a special prosecutor, we’ll pay expenses, you’ll get a reward whenever we get done? If you’re worried, keep your mouth shut and go in and out the back door. If you’re not worried, put everything you have up on a website for all to see, watch your unique visitors come and go, make as much noise as possible. Get ready to catch the rats.
Arizona Appellate Court Decision Finding Third Party Payment Discharges Obligor under the UCC
KATRINA PERKINS STEINBERGER, as Executor of the Estate of Charles A. Perkins, deceased, and individually, Petitioner,
v.
THE HONORABLE MICHAEL R. MCVEY, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of Maricopa, Respondent Judge,
INDYMAC MORTGAGE SERVICES, a division of ONEWEST BANK, F.S.B., a Federally Chartered Savings Bank; DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR14; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation; QUALITY LOAN SERVICE CORPORATION, a California Corporation, Real Parties in Interest
I always go back to paragraph nine of your note that says “endorsees” are liable under the terms of the note.
Not legal advice, just the rantings of an out-of-control Dago
READ MY LIPS:
YOU WILL NEVER HAVE A JURY IN ANY OF THESE FRAUDULENT FORECLOSURE ACTIONS!!!
In reading some of these post, I see many of you have NOT gone to Trial and if you think the fraudulent practices by the banks are unbelievable….the worst is yet to come when you walk into Trial expecting a JUDGE to understand the illegal activities the BANK has done!!! The JUDGES hear the same stories 50 times a day from frustrated homeowners seeking JUSTICE under the US Constitution…..WRONG! The Judges are totally in on it! They hear YOUR STORY over and over, every single day, yet, the side with the BANKSTERS…NO MATTER WHAT EVIDENCE YOU HAVE FILED AS PROOF………………………
I pray you people are “getting it” that if just ONE homeowner was allowed a JURY, this nightmare would be over years ago! The CIVIL Courts are as corrupt as the banks as well as the lying Lawyers that represent them….even Lawyers that you may hire will get NOWHERE….when you pay an Attorney to fight your case, all you are doing is paying that Attorney’s mortgage payment! They can’t win because the COURTS are not giving you your civil rights to a JURY TRIAL….
This unbelievable attack we are under is criminal and this illegal activity must be in a CRIMINAL COURT and out of CIVIL…..we can’t win in CIVIL!!!
Tom “gets it” and wants to bring as many FLORIDA cases to the GRAND JURY. If you are in FLORIDA and no matter what stage you are with your fraudulent foreclosure matter, please call him and get onboard. Don’t waste anymore time thinking you have proof of fraud and the Courts will “get it”…they already “got it”
We are heading in a different direction with a Grand Jury…now if that doesn’t work and the Grand Jury is as corrupt as the Civil Courts, we can kiss our American way of life “good-bye” We will become a homeless America…..elyse@gte.net
how due you get it out of civil into criminal court for grand jury please explain i feel helpless after reading your post it sucks i might as well just give them the keys to my house nj
John,
It is certainly not my intension to just give “THEM” your keys! I have always urged people to NOT LEAVE THEIR HO– USES! What I am suggesting is to educate yourselves that there is no justice in the Civil or APPEAL courts. I believe I gave TOM’S phone number for you to call so please do that…I believe we can file our Complaints to a Grand Jury Of The United States because it is a National crime in every State.
Where are you at in your case? Have you had a Trial yet? We are all in different phases of the corrupt system so please email me or Tom what your story is….we certainly hope “OTHERS” will come forward as well….we need dozens and dozens so we can get their attention!!
Don’t give up John…after 5 years I feel there is a new direction with actual JURORS!!! It’s got to happen sometime…so why not now and why not us??? elyse@gte.net
Take your victories – even small ones, that you deserve.
On February 25, 2014 an emergency hearing was set, carried over from Feb 24…the Trial was scheduled for two days later…Feb 27.
When The Law Offices of David J. Stern, bailed and abandoned the case they filed against me nearly six years later, on Feb 25 of this year, Stern’s replacement ALDRIDGE CONNORS bailed and abandoned the case as well. [ I counter sued BOTH firms. ]
They were replaced, once again, by Carlton Fields…. high powered litigation firm.
My victory was when the Judge on Tuesday turned to Michael Winston of Carlton Fields, and said ” I know this is going to upset you, Counselor, but Mr, Heinrich is entitled to have all his Motions heard and the trial set at least 45 days in advance” and set a new hearing for March 17 and the trial for April 23. My witness and document list takes PAGES. I am prepared.
At least I know how to get rid of the foreclosure mill attorneys and deal with attorneys who really are good at what they do, and teach me to be good at it, too ! And after being allowed to sue Wells Fargo de novo ( given a BRAND NEW APPLE !!!), this new judge’s seeing the light, the truth, and the law, has encouraged me that there are STILL some people that abide by the law in the judicial system.
Mr. Winston paid me a compliment, too when he said “I never thought I’d see YOU again”.
I’m hoping we can communicate well with each other and arrive at a resolution to my interesting situation where the original lender, according to the U. S. Department of Justice Trustee, is still the owner of the Note and Mortgage and has agreed that my loan is now retired and zeroed out, which MERS records show is the case as well.
Plus I’ve ALREADY GOTTEN A CHECK FROM A SETTLEMENT FUND ACKNOWLEDGING the servicing of my loan was mishandled, and can make a claim against the multi-billion $ fund Florida has been given for people like me.
The tunnel has been long and dark, but I can see a glimmer. I’ll take it !
@:ldynps. Am an activist assisting a client and her attorney. We actually got a Jury trial scheduled for later this year. You said “…SEC website to find what TRUST your loan was bundled up with..”. We located the PSA docs and 8-K filings, but do you know someone who can find the documents (insurance payouts, securities etc), highlighting the rest of the money trail? They would be paid for their efforts. Btw, thanks for all your posts!
Well I have an experience of -0- trials and right now I’m pro se. I see in the literature that -0- juries have ever had a chance to sit on a mortgage issue, I can only suppose that is because at some point the two parties reach an agreement of some sort. My required Alternative Dispute Resolution meeting with my lender was unsuccessful. I’ve just completed the mandatory 60=day period to give DOJ mandatory first right of prosecution. I have a plan to bring my own one case to trial; the only question I will have for the judge is “Where’s the Jury?”
Came across CA HBOR flyer today and it says “…the Attorney General’s Office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.” Anyone familiar with or interested in comparing notes?
In the many Trials I have been in from California to Florida over the past five years, no juries have ever been allowed to rule on Any of the foreclosure matters so I don’t know what your experience has been but I have DEMANDED A JURY trial and it is never granted. A jury would “get it” within the first few minutes….please share your experience other than quoting that you can receive a jury or waive it? Juries would end this corruption in a few minutes!
A jury has a wide ranging freedom of action to identify a problem, and implement a solution. My case is completely public, and all my potential jury exhibits are on my site for review by anyone. When the jury goes home, they might drive by some blighted housing that used to be owned by people and is now lender owned. They can perceive the difference. They can look at the property tax roles and see if property values are rising or falling, and if the little school can hire more or less teachers for their kids. I was thinking of taking my jury on a field trip up to Detroit one day, possibly arrange a luncheon with the mayor. I will certainly bring in some of the homeless people around Austin who used to live in houses.
ldynps
March 4, 2014 at 5:55 PM
You’ll never be allowed a jury! This is where the homeowners would have been winning…this must go to the us grand jury!
(many other entries in google, ‘right to jury trial’)
If it is not available in one venue, I think it would be a good reason to ask to change venue. Ask if the judge would like to recuse himself. Certainly grounds for appeal.
Dose this make sense on my notice of assignment sale or transfer of servicing rights your lender FGC commercial finance DBA fremont mortgage has assigned sold or transferred your mortgage your new servicer is fremont investment loan your lender dose not service loans and dose not accept payments your new servicer will start accepting payment at closing did they sell the loan to back to themselves sounds like the same company they are out of business seems like they secutarized the loan got paid and sold back to themselves as i said they went into bankruptcy then my loan was was transfer to CMS who i could not find any record at the county clerk office and now DNTB is trying to foreclose what due you think dose not smell right to me
Bobbi, I did not mean to imply that all the ones not paying are deadbeats, but there were people that bought with little or no money down and adjustable rates that once they started resetting, people were in over their head. People were not looking long term and they should have been. Frankly they should have not ever qualified, but that is part of the fraud yes. I consolidated a note into my primary when I refinanced with bankster chase. I lost 70k when I sold it, but today I am not upside down, and yes I will admit it I made a bad decision when I asked chase for a loan mod, but I thought the govt was on the homeowner’s side, wrong again. That was the vulnerable side of me, believing that the govt was there to help us, but has only helped the banks screw all of us. This entire mess is a vicious cycle and the govt is at the top of it. I understand a lot of it, but I want to stay in my home for now. I bought it with the intent to stay here till I died and now because of what the banks have done, I will probably die sooner(all the stress), but I am going to fight for as long as I can because I am a fighter and this is my son’s home as well and yes I still believe in fighting for what is right.
Tom and I also talked a while ago. Yes, these are criminal acts comparable to robbing the local convenience store at 0200 every am. If the robber makes an agreement to give the PD some donuts, he won’t even see a police car in the lot. EACH criminal, in EACH state must be identified and prosecuted. I walked in to the local FBI in my Western Texas neighborhood 60 days ago and laid out my confidential information so I wouldn’t be interfering unknowingly with an ongoing investigation; apparently I’m the first relator in my neighborhood. Read the qui tam rules and you can also earn significant reward $$$. The OCWEN consent judgment is posted on my site and is a good precedent in all 50 states that we can use since 12/13/13. We need to teach juries as we go, they are the key in the American Justice System. It works!
I have been having a discussion with a friend about this very subject. They way I put is someone needs to ask one of these judges if they can borrow the judges checkbook, sign the judges name to the check and then cash it. I would get money that doesn’t belong to me…and then what happens to me? That’s right I would be sitting in prison for forgery, etc. The fact that big banks continue to get way with these types of schemes is amazing and at the same time not surprising.
The Courts will not use a jury Dangerousdave. Had a jury been allowed, this would have been over many years ago!! We must get out of the Civil Courts…it’s criminal! I attempted to file complaints with local District Attorney, The FBI, the Department Of Justice and even our Sherriff…THEY WILL DO NOTHING!! Not one of those departments did anything…The Grand Jury and allege the banks and their attorney’s are involved in an ongoing criminal enterprise….It’s Called the Rico Act and that is our last hope!!
@ lms – your ‘to whom it may concern’ makes me believe that you don’t undertand the law. Any contract legally binding is applicable to all of the laws and statutes of the originating state. While each state has it’s own set of laws for foreclosures, it is still a contract, just like the purchase contract you signed when you bought your house. For you to enter a loan mod only gave them more power to short circuit your defenses at a later time. They did, didn’t they? And it’s all about the money; not the law. They have been able to sidewind the courts and the judges and if you stop to think about it, who is donating the most for the re-election campaigns for these judges? As the old saying goes ‘don’t smack the hand that feeds you’. I don’t believe that any of the people posting on this site are ‘deadbeats’ as you propose just because we want the court system to work WITH the laws and abide by them as well. If you were to rob and steal you would likely get jail or prison time. What’s the difference if it is done by a banker? You’re drinking the same koolaid that’s been fed by the media and government officials. Who supports both the media with financing and government elected officials on re-election? You honestly think they are going to tell you the truth? Losing your job was a product of the economic crisis, correct? And how many Americans lost their jobs from this crisis? Not their fault, right? Nobody intend to be a deadbeat and honestly I hate that word. We were all hard-working people trying to make a better place for ourseles and families. Now, we want what is constitutionally granted to us; fair treatment and adherance to all laws in the court system. Corruption, deceit, manipulation, fraud, robo-signing and the like are rampant. It’s time that whoever has the gold makes the golden rules! You don’t have to pay what you don’t owe! There was no money….ever….only paper and that paper was turned into a securitized form of a product that was sold for more $$$. If not securitized, then likely by now they are backtracking to try to comply with local/state/federal laws in order to take your home. BEWARE! Being this gulible makes you the PERFECT target.
I will repeat that these cases do not belong in the CIVIL COURTS…its not civil, it’s criminal. Go online to your STATE Attorney General and file a complaint online and then send your evidence of fraud, forgery, misrepresentation of an unknown bank attempting to steal your home etc. We are all loosing in the Civil Courts…try another direction because the Judges are siding with the banks as ordered…by who The Banks!! Go in a new direction people!!
Just had a wonderful conversation with Tom in Florida and I am writing today to urge any and ALL homeowners under attack by the criminal activity of the BANKS, in our Florida Courts and the further criminal activity of the Attorney’s who represent them to contact him so we can fight this in another way!! What is going on is CRIMINAL…NOT CIVIL!!
These criminal are winning in the Courts because we are fighting on their playground and they are in charge. We MUST bring our cases to the GRAND JURY and take this criminal activity to another playground!! The RICO ACT is defined as “an ongoing criminal activity”…this is the “tool” used to bring down the Mob and other criminal acts…
PLEASE, if you are in Florida….CALL TOM (954) 882-0009….we need dozens of cases to make an impact and to finally be heard…We need to GET OUT of the Civil Courts!! We cannot win there!! Elyse (elyse@verizon.net)
I would like to be in personal touch with as many of you as possible, ESPECIALLY IF YOU ARE IN FLORIDA as I am working on many things and you are an important piece of the puzzle !
Tom, my husband and I have been in litigation for 6 years with BAC. He wanted to speak with you to see if he is missing something here. It is true that the bank did try to make up some type of modification. But like you mentioned. We thought it was a sham not having the rights to modify something that was not theirs to begin with. They keep sending me modifications with all kinds of made up numbers on how much they feel we should own. We went for quiet title and the honest Judge denied and dismissed with prejudice. So not sure where to go from here. How does one ever get title?
The bank never lent you money…you qualified for credit and an insurance policy was paid betting you would default. The bank filed for that insurance claim and were paid in full… now they have sold your paperwork (no note or mortgage) in bundles of hundreds of thousands of other American homes selling them to unsuspecting investors around the world as security backed American mortgages! Let’s just tell it like it is shall we? Don’t leave your homes….it’s been paid for many times. Just say in folks….elyse
Florida needs to come together now because we are still high in foreclosures and something tells me with all that bad weather up north, they will be coming to steal our homes a lot faster. no really, maybe this was part of the plan because look at all the people leaving new York because of the high taxes and where do they flock to??? Floriduh!!!!
I am just wondering if anyone has seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
You need to learn how to use PACER !!! and of course a quick call to Counsel works.
Nearly all courts in the U.S. allow you to pull up Dockets online now, and you can always call the Court Clerks office or Judges clerk to find out what happened.
@go get them: you missed the part about wanting to pay THE REAL PARTY IN INTEREST, ENTITLED TO ENFORCE THE NOTE AS A LEGAL HOLDER IN DUE COURSE, AND THAT THE NAMED MORTGAGEE (who they will want you to re-affirm with, as there are no valid documents supporting the “alleged loan” in the first place) WILL BE ABLE TO TENDER A VALID SATISFACTION OF MORTGAGE AND SURRENDER THE MAKERS’ NOTE.
and another question: why would you want to continue to pay on the note and mortgage if there was fraud? I’m off to the 7th Circuit, and the two, make that three, prior jurists, REALLY DON’T WANT TO ACKNOWLEDGE FRAUD because they would have to put plaintiffs’ attorneys in jail. Sorry guys, it’s all fraud and racketeering at this point.
hey, you can always refi and hopefully get with a more legit mortgage co. In my case, this Chase mdl settlement is pretty much all I have left unless I file bankruptcy and I don’t have any debt except my home so I don’t think that would work too well. of course I am open to suggestions. I am done with attorneys and their bs talk.
sooooooo…. let’s help put the fraudsters in Jail ! EDUCATE THE JUDGE. DOCUMENT, DOCUMENT, DOCUMENT.
PRESENT, PRESENT, PRESENT.
You DO know how to provide the U.S. Attorney’s office, your state Attorney Generals office, and the Justice Department documents don’t you. If we don’t give it to them, who will….
Has everyone forgot this is why Grand Juries were formed ?
A son of mine was considering running for mayor of a major western city and I as an independent in a 50/50 split congressional district here in Florida with a one term incumbent in it, thought we’d get some national press as a father/son – he’s decided to wait a few more years.
I’m a behind the scenes person who likes to make things happen. I have a face for radio.
I wouldn’t mind getting 34% of the vote to collect my congressional perks (just kidding, well sort of, they ARE outrageously good !!).
But I’m dedicated in the long run to recruiting independent middle-roaders in all congressional districts and statehouses…non-partisan unaffiliated good decent people who aren’t afraid to do what’s right.
The question is, why don’t YOU run for something and I’ll help YOU, – I’ve run political campaigns on all levels before, and know a lot of people…..and even more know ME.
I like to get balls rolling, and watch them go downhill
Hi John, it was my experience that the Judges do not allow “people not involved” to remain in the Courtroom!!! Further, there was NO COURT REPORTER provided as in any other Trial (drunk driving, speeding etc) and to call around the local Court Reporters, you realize they will NOT let you hire them using the reason…”We only work for Attorney’s”….it’s an underhanded play so the Courts are siding with the Banksters knowing full well that an Appeal will never be accomplished without the Trial transcript!! There is no Justice in the Florida Foreclosure Courtrooms!!
Rock man enough (a nod to eastern eu today….fracking apart).
I am filing as friend of the court against met life bank….rust consulting..ringert law…
Your outline…incl wld wld west label is dead on…add my experience in boise idaho…fed judge is mayor’s brother….he dialed in 20 min late…the judge not the big guy. Yeah I was there w $60,000 in checks…..no dice….I was a deadbeat in his eyes, I mean ears. Federal court….look it up…get the play by play…..MetLife Bank v. Trevor D Hitchin….will post once I purchase. Pce all..777
You’re dreaming if you think you’ll get anywhere doing this kind of crap. Litigate, litigate, litigate, that’s all they understand. No good faith bargaining, no admittance to fraud, look up “over-servicing”, The money they spend on lawyers is not their own. The judges are indeed instructed to cock-block every homeowner at the door, and it starts with the procedural bushwhacking that bypasses your evidentiary hearing. Judges in Wisconsin are writing law from the bench. They don’t want to hear the law that is already on the books. We’ve charged the lawyers with forgery, fraud, racketeering, and the judges say “you can’t challenge the endorsement stamped on your note 7 years too late”.
going on 6 years of fighting foreclosure fraud. welcome to the wild west.
As Heinrich said we need to work together as this blog and others have tried to get us to do at some level. Besides litigation the worst thing for the banks is bad publicity. It’s the main way we got help for veterans and homeowner bill of rights. We have to all weigh out our situation individually but the more pressure we put on public officials, the courts and anyone we can will make a difference and show black isn’t white. Glaski in CA and Romero in NM are good examples.
Courts are issuing UNENFORCEABLE judgments…they do it ALL THE TIME and violate the Canons of Judicial Conduct…. they figure few, if any, will challenge what they do*, but a judgment obtained by fraud is NO GOOD, period…you just have to PROVE THE FRAUD.
So once an assignment or endorsement appears .. IT’S DISCOVERY TIME !!!!
Forensic examination and testimony by the correct people involved FIRST HAND in how and who did what should get them heading for the doors…these are FEDERAL AND STATE CRIMINAL ACTS of manufacturing fraudulent financial documents. Time to head to a Grand Jury near you ! A judgment of forgery should do the trick.
Foreclosures completed YEARS ago can be attacked and declared improper and overturned.
* ATTORNEYS have to work with these bad judges and their kin in the judiciary, so judges intimidate them from being too assertive. The antidote for this is to MOTION, MOTION, MOTION and get specific findings of facts and conclusions of law…things that are overturn-able.** Facts and conclusions can be found to have been wrong, you JUST CAN’T REMAIN SILENT, or you assure you’ll lose.. They know that – it’s a VERY corrupt system, third world justice or even worse.
** When you find and prove the fraud, you have a WHOLE NEW SET OF PEOPLE TO SUE.
The judiciary is being destroyed by the courts being afraid they will spawn a complete meltdown of our financial system…..they KNOW they are giving windfalls to un-deserving plaintiffs..it’s up to YOU to stop it in each individual case – some judges will actually respect you and silently cheer you on, they’re not all bad…they’re just caught in a crisis I think most would like a way out of… there’s not a judge out there that doesn’t know that consumers are getting screwed left and right…they went to law school..they KNOW, believe me, they KNOW..
To whom it may concern, I consider myself a responsible homeowner that is not looking for a freeride of anykind. I took out a mortgage and paid a fair price for my home. Today, I am no longer upside down. However, when the financial crisis happened, I became unemployed and could no longer afford my payment but I immediately tried to work out something with my bank and I thought I did. I am a part of this Chase multi district settlement. I worked hard to get a modification in 2010 and thought I had secured one only for the bank to renege on it 6 months later over some ridiculous reason, claiming the permanent modification documents were never uploaded in the system, what a load of crap. Listen people you can claim fraudulent documents all day long, but we all have to pay someone so may I suggest if you are going in the courtroom claiming you are not paying because of fraudulent document ( which I know there are, but you still have to pay), your argument should be that you want to pay, but you need a reasonable workout. Forget about lawyers, their mindset is to drive you thru the foreclosure process and get their 500 per month until they are done, then you are out a house and your money. Wake up people and stop complaining about fraudulent documents. If you want to stay in your home, keep working on a payment plan and get in front of the judge. Don’t be a deadbeat unless you want out!
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Hello, I received a notice claiming I am a part of this latest class action, I refinance with chase back in late 2006, but my loan # has always been the same since I made the BIG mistake of refinancing with Chase. I am hoping for new modification and a lot of principal forgiveness.
I am just wondering if you have seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
david, are you a part of this mdl settlement and have you tried to get a modification since you were identified as a member of this settlement. I spoke with one of the attorneys, Gary Klein that is representing the plaintiffs (Us) and he was very nice and helpful and told me that foreclosure proceedings should stop if you are trying to get a modification, also according to the settlement, this is supposed to cure delinquency. Wargo French are the attorneys for Chase on my foreclosure and they are still proceeding with foreclosure and the way I see it , a federal lawsuit should take precedence over the corrupt broward county courts and I FULLY intend to bring this to the courtroom with me and make the judge aware.
DAVID, HAVE YOU TRIED TO GET A MODIFICATION SINCE THIS MDL LAWSUIT? THEY ARE SUPPOSED TO GET RID OF DELINQUENCIES WHICH COULD MEAN BIG BUCKS. I TOO AM PART OF THISSETTLEMENT. WE CAN ONLY HOPE!
david, they did the same thing to the homeowners with GMAC/ResCap/ALLY bankruptcy. Claims could be over 10 billion, they put $54 million in the Borrowers fund, something like that.
How is it that Bayview Loan Servicing had a trustee sale for my property im 2012 with BONYM I stopped that one andthen15 months later thy file another one trustee orps tells me my creditor is Freddie Mac THERE IS NO WAY I CALL Freddie mAC no THEY DO NOT HAVE MY LOAN Bayview fabricated the creditor after sending assignment of deed of trust (5 years after trust closing date it is robosigned sent trustee signature sheey with 8 SIGNATURES sent a bunch of fraud and they still sold my house I have lived in 17 years to who? for what? Come on this is sck. Servicer would not tell me anything trustee would not stop the sale then sale price drops from$255,000 to $190,000 well somebody made some $$ today what a rip off does anyone know where to go from here? certainly not the government certainly not our representatives so who?
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
For those who do not know, I have been in the real estate and mortgage industries since 1965, and for many years produced and hosted a weekly radio program called REAL ESTATE FINANCING TODAY on the Money Radio Network that Buzz Schwartz founded, which Buzz sold…. (and it subsequently went defunct under the new [Chinese] owners !).
I am a zealous advocate for justice, having taken on my own industry in the late 1960’s which led to outlawing discrimination in lending. The term REDLINING was coined in my offices with a map that a Savings and Loan rep took a red marking pen to, going street by street to outline where they no longer would lend due to the influx of minorities.
Taylor Hackford and PBS approached me to do a documentary, which was used by Congress to federally outlaw what California, my home state at the time, was the first to make a crime.
NBC followed suit. My original lender was PEOPLES CHOICE HOME LOAN. Dateline NBC has done a bang-up job in a fairly recent documentary that featured them. Look it up, it has great info in it on things, ahem.
I have reported and written articles on legal matters since I was in high school. I read Appellate decisions every day. Now that I am retired, this has become my first love ( after my wife and kids and their families, of course ! )
I have become a bit of a Legend in the Broward County, Florida judicial system – having just sued the judges and staff for misconduct. I have also sued the law firm ALDRIDGE CONNORS that took over from The Law Offices of David J. Stern, who originally sued me for foreclosure just before my supposed new loan terms were set to kick in back in March of 2008 – but who then abandoned the case. I have also sued The Law Offices of David J. Stern and Stern himself ( who now is involved in a Hamburger chain BTW – not flipping them like he did other things, before he got disbarred …which took WAYYYYYY too long, but that’s another story I can give you all the inside poop on, which is exactly what it was)..
Now guess who’s back in the lawsuit. ALDRIDGE CONNORS has brought in the prestigious corporate firm CARLTON FIELDS, and assigned Michael Winston – who defended WELLS FARGO when I sued them at the time David Stern filed his foreclosure suit against me, and whom WELLS FARGO paid boucuotte bucks to, only to have the courts, including Florida’s Fourth District Court of Appeal, uphold my Unprecludable Right To File A New Action Against WELLS. [ “4D” did not want it worded “Judicially Precise” however when I asked them to remand it for proper wording…interesting. I guess convoluted is OK in Florida’s courts ! ] You can’t be TOO upset when the courts hand you a brand new apple ‘tho, can you !!!
Michael also, as part of his defending against my action, filed the infamous “AMERICAS SERVICING COMPANY IS A DBA OF WELLS FARGO BANK, N.A., WITH NO SEPARATE EXISTANCE OF ITS OWN” in my lawsuit – which of course I got to as many people as I could and they came down (semi)hard on WELLS and now require them to identify ASC as a dba of WELLS FARGO
( ASC are Wells Employees in Wells buildings on Wells phones at Wells desks getting Wells paychecks – I do good research, huh !! The OCC refused to accept complaints against WELLS for what they did using their bogus “ASC” alias…collusion anyone ??? ).
Anyway, it seems when ALDRIDGE CONNORS surprisingly set my case for trial for Feb 27, 2014 in December 2013 and I filed numerous Motions which were set for a Special Set hearing on Feb 7th, on Feb 7th the hearing was moved to Feb 24th, 3 days before the Trial !! However, instead of giving me a judge-signed Order of the continuance, right through Feb 24th the Court refused to GIVE me the Order resetting it…AND refused me my right to LOOK AT THE FILE !! On Feb 24th, the court THEN set it for the FOLLOWING day, Feb 25th, TWO days before Trial.. I still had not been allowed to see the evidence and exhibits Stern and ALDRIDGE CONNORS kept from me since March 2008.
Michael Winston and I spent all Tuesday afternoon in the Broward Circuit Court. The Judge finally reset the evidentiary and Motion hearing for March 17th and Trial for April 23rd, however the Judge STRONGLY suggested Michael ( a very brilliant Appellate lawyer, published and respected in Florida ), recommend to his client they make me an offer.
We’ll see.
I had a Court Reporter at the lengthy Feb 25 hearing if anyone is interested to seeing what being before a judge and arguing a matter is all about.
I would LOVE to discuss and share what’s going on with anyone who’s interested. This is a war of economics and the battlefield is the court system FOR NOW…it’s PLANTED with land mines for self-represented, however you need to know how its played or you lose…its rigged against you. The REAL battle will be law enforcement, legislators, and Grand Juries. We can help it along by sharing…[ after all, “THEY” are super-organized, why shouldn’t WE ]
Anyone who wants to get in touch with me can do so at reachth@yahoo.com
Tom Heinrich
March 1, 2014 at 1:41 AM
BTW, planting certain words in ANYTHING you post or send over the web gets you into the Homeland Security intel system, so I just want to say HI to my friends in Homeland Security and remind them to keep track of EVERYTHING having to do with the International Banking Cartel’s games and pass it around, ok guys ( n gals) ?
We’re going to win this one for the Gipper
Is everyone working with law enforcement ? You should be.
I closed my loan with ameriquest. Mers assigned my loan to ameriquest who then assigned it to XYZ Bank as trustee for the sandwich trust.. But when i check the MERS site my loan is owned by a different investor. Also When Mers Assigned the mortgage is was notarized but never signed by the VP of MERS.How will a judge handle this. I have been in court for 5 yrs now and my lawyer does not think we have a case. I am located in pinellas county
Bill call me. I am NOT a lawyer but a similar thing happened in my case. The regulars on on Foreclosure Hamlet or Foreclosure Warriors can put you in touch with me. I just don’t want to publish my phone number on a public board.
Bill….I too have same issues in Pinellas with Judge Campbell. Will you give me a call as I fought for 4 years and all the fraud was swept under the rug and MERS is well known by the Judges!! It doesn’t matter, however…laws are being broken, people are having their homes stolen in the courtrooms and NO ONE IS STOPPING THEM…The courts are a joke…elyse@gte.net
lms53
March 2, 2014 at 12:13 PM
To Whom It May concern: if you want to save your home, go to the judge and tell him that. If you have the ability to pay, but don’t claim the fraudulent document defense because bottom line is if you don’t pay, you will not stay. The best strategy is to offer to pay. Force the bank to negotiate a workout and do it in front of the judge. They already know that the paperwork is fraudulent and they don’t care, the judge’s job is to push these foreclosures thru and clear their dockets. Forget about getting a lawyer to defend you because you will end up without your money and a house to live in. Who is going to fight harder for your home than you! Now go get them!!
If you were a judge, and someone came to you and said “I lent this person $xx,xxx and now he won’t pay me back”, you’d be inclined to order the person to pay him back or order his property sold and that money given to the person that lent the money, would you not ? Judges are not concerned with WHO should get the money, just that SOMEBODY gets the money.
Understanding that, courts frown on attorneys and borrowers who delay the inevitable, and they don’t like THAT, either.
But some of us have different circumstances, and sometimes those circumstances wind up that WE’RE the ones that should get money because of what other people did to us.
In my case, the original Note and Mortgage were illegally removed from the lenders custodial bank. Guess who got them… WELLS FARGO. When they arrived they must have assumed they should start servicing the loan, so they told me to send the payments to THEM. My actual lender never notified me, as they were required to do by law, but I trusted I should send the payments to “Americas Servicing Company.” Little did I know it was Wells Fargo using an unregistered name to hide the fact it was Wells Fargo. When I sued Wells, their attorney, Michael Winston with Carlton Fields filed with the court ‘AMERICAS SERVICING COMPANY is a DBA of Wells Fargo Bank N.A.’ and it changed the way Wells does business, and got state and federal regulators looking at them for servicing fraud. They’re still looking.
When I was told my loan was being made into a fixed rate loan for the remainder of the term, and it turned out Wells Fargo was absolutely lying to me to induce me to default ( ‘your next payment is in three months to allow us to do the paperwork but you’ll remain Paid As Agreed because you’re following our directions’), and then filed a foreclosure BEFORE the next payment was due, I called the original lender and they were livid. We reached Accord and Satisfaction, and I no longer own them a penny. But that didn’t stop Wells Fargo…they saw they could get my property or the equity in it for themselves and saw those dollar signs, which blinded them. Trouble is, their lawyer filed in the name of HSBC, which never had an interest in the loan, …ever !
So their lawyer, David J Stern, tried to cover their mistake apparently by preparing and recording an “Assignment to HSBC” and recorded it THREE MONTHS after they filed the foreclosure in the name of HSBC, and then abandoned the foreclosure !!! Meanwhile my original lender confirms they never transferred the loan away and that I do not owe any money under it. MERS has even relinquished their role as Nominee and it shows in MERS records as “Inactive”.
That didn’t stop the new law firm, ALDRIDGE CONNORS, who could have picked up the phone and confirmed these facts and then simply dismissed their foreclosure action against me.
There are five things I really enjoy doing: 1) research and documenting, 2) talking with judges,
3) talking with law enforcement, 4) talking with legislators and regulators, and 5) talking with Media. (and giving people documentation)
Along the way, I constantly make lists of things people did wrong. I document it.
Most homeowners will be told by a judge after they lose, “You just didn’t do a good enough job.”
I like it when a judge tells me, “I agree with you.” It should be some of these BANKS that should be told “You didn’t do a good enough job.” That should be every homeowner’s (with a legitimate right to be given a remedy from the court) goal.
I have had outrageous things happen that would fill a book in my case. My case file is already THICKER than a book. Remember, I sued Wells Fargo and the court gave me the unprecludable right to file against them de novo.
My case is Broward County Circuit Court Case CACE 08018999. You can pull up the Docket. You will find I have just sued and asked for sanctions against ALDRIDGE CONNORS. You will also see I have just sued the Justices and Court Staff of the 17th Judicial District..it seems I had a hearing set for February 7, 2014…I was there with my Court Reporter (ALWAYS have a court reporter and Notary with you at all times !)..the Magistrate continued it to Feb 24, THREE DAYS before the trial…the problem is, no one can give me that Court Order and the hearing for the 24th doesn’t appear AYWHERE. I was ready to petition for a Writ of Certiorary, but the court set another hearing for April 7th, just today.
This is rather preposterous to have been held hostage in limbo for SEVEN YEARS. That seven years has been spent reading Appellate decisions and writing, researching, and investigating. Wells Fargo inadvertently gave me the impetus to discover their dirty secrets, and how to document and present the whole truth to people.
I WANT the truth to come out. It WILL be published !!! I am not done litigating when my case concludes There are lawyers and Banksters to go after and reveal THEIR truth, too..and hopefully get money and prosecutions out of it ….and a banking and judicial system that isn’t as savage and corrupt as it is today. And they are. You should SEE my witness and Exhibit list.
I have also asked for the right to walk into any courtroom in Broward County and video record the proceedings … and to have my foreclosure case heard simultaneously before the judge while MY lawsuits are simultaneously being heard by a jury because the testimony is the same for all matters. Do you see some interesting Appellate decisions coming up ?
I would have thought they would have voluntarily dismissed the foreclosure case against me by now….after all, how can you foreclose a satisfied mortgage in the name of a bank who ADMITS they don’t have any interest in the loan and don’t have a single penny coming.
This case will test the banking and judicial systems, who really are apparently in a state of chaos and disarray.
Point this out to judges, law enforcement and regulators, legislators, and the media. Dig, dig, dig, and get your witnesses and Evidence lined up…and read up on the latest law and be prepared to quote it as to how it relates to the ultimate facts of your case. I’m expecting my trial NOT to be short circuited and to take at least six days… all on video.
I recommend everyone sit in on court cases and take notes… and be prepared to be shocked.
Oh, and the very latest is APPARENTLY WELLS FARGO HAS ASSIGNED THEIR SERVICING TO ALDRIDGE CONNOS, apparently trying to stick THEM with the entire liability
or my being wrongfully sued .. however it appears that the Minneapolis Wells Fargo staff is doing some document fabricating of their own…like a SECOND ASSIGNMENT PREPARED IN 2012 SAYING THE ASSIGNMENT IN 2008 WAS WRONG.
I disagree even if your in default the burden of proof is on them if an entity wants to collect on a debt they must own the debt and if that entity is claiming ownership by the way of assignment the assignment must be perfected and valid the judge should follow the law so if your loan was securitized there 80 percent chancethat they did not follow the 90 day rule beyond the 90 days its void at its inception how about the millions of homes they did not own or show clear title and wrongfully foreclosed on
I have a similar nightmare with Chase at least in terms of runaround, manipulation and years this nightmare has lasted.
Completely agree with your approach and have practiced it as much as possible without a lawyer. Don’t know how enjoyable it is but it could be the attitude we need to fight for accountability and to save our democracy and not just our homes.
Will review your case if I can track it down and hopefully we’ll be in touch and can brainstorm.
Tom Heinrich
March 1, 2014 at 1:47 AM
Here’s their little trick…it’s being used by MOST big businesses today:
1) VEX
2) VEX
3) VEX
4) VEX
5) VEX
everything YOU do should turn into an Affidavit and Discovery Request !!!
hammertime
March 1, 2014 at 6:12 PM
@ Tom – not in court but have used QWR’s, CFPB and CA Homeowner Bill of Rights to extract info these past months I haven’t been able to get the past 6 yrs. Struggling to get legal aid, settlement enforced which I’m going through channels on. Will be in touch if email is working.
Tom I venture to guess that I am going through the same issue. I could never figure out how we started paying America Servicing Co, could be that we got something saying to pay them but I don’t remember. That being said, I got a notice of intent to foreclose a couple of days ago. It says that Mortgage Lenders Network is the creditor, who was the lenders that we closed with originally. What I have been able to find out at this point is that Mortgage Lenders Network no. Also the loan is securitized so I really don’t understand how MLN can be the creditor even they were still in existence. Also the last Deed of Trust that was recorded was done in 2013, but we closed back in 2006, and they missed depositing the loan into the trust. So my case is similar to that of Glaski vs BOA and a lot other out there. I would like to compare notes sometime if possible. Thanks
Tom Heinrich
March 1, 2014 at 2:47 AM
You bet !!! anytime !
Everyone needs to go on a RELENTLESS defense AND offense.
Understand, the Banksters ran most of their originating shills out of business to bury evidence, however, if MLN is bankrupt…GET INTO THE BANKRUPTCY RECORDS asap !!!
Chances are good Wells in anticipation of getting some money out of this, just started servicing without you EVER getting noticed by MLN (REQUIRED !!!!)
WELLS makes HUGE sums by getting, and KEEPING, you in foreclosure.
REF– USE to speak with minimum wage CLERKS READING SCRIPTS !!!
Here’s the big honchos at WELLS:
John G. Stumpf, Chairman, President and Chief Executive Officer
James M. Strother, Senior EVP, General Counsel
Timothy J. Sloan, Senior EVP, Chief Financial Officer
Richard D. Levy, EVP, Controller
Michael J. Heid, EVP, Home Lending
Patricia R. Callahan, Senior EVP, Chief Administrative Officer
Michael J. Loughlin, Senior EVP and Chief Risk Officer
David A. Hoyt, Senior EVP, Wholesale Banking
Avid Modjtabai, Senior EVP, Consumer Lending
Send Stumpf and Strother CERTIFIED LETTERS PERSONAL DELIVERY !!
I’d title everyone QUALIFIED WRITTEN REQUEST ( educate yourself on it )
request having an ATTORNEY inside Wells as your SOLE CONTACT and you want a response within ten days
Remind them they are subject to both STATE AND FEDERAL UDTPA and FDCPA
send a copy to your Attorney General, US Representaive and BOTH US Senators and that you want them to intervene for you
TELL WELLS WHAT YOU WANT…they JUST might give it to you…if WELLS goes out of business, they will have done it themselves…by creating a massive number of civil lawsuits and criminal prosecutions
but you know what ? maybe Kovachavik, Stumph and Strother have made SO much money, they just might love to take a break from the morass they have created, I mean WHY WORK when you can enjoy your riches WITHOUT WORKING
oh, here’s their address:
1 HOME CAMPUS
DES MOINES IA 50328-0001
here’s a few numbers, I have NO IDEA which are still working
( always take NOTES while you’re talking to them – THEY are !!!! )
515 213-5192
515 243-8137
515 221-7300
515-564-3075
you want to test their FAX ?? try 515-213-6562
oh yes, I’d send a copy, regular mail, to the 2014 Board of Directors President Jon Kurth
I HOME CAMPUS
West Des Moines, IA 50328.
Phone: 515-213-6424
Email: jonkurth@wellsfargo.com
even BETTER…make THEM pay for it…take it to ANY Wells Fargo office…..ANY
and just address it simply to MAC X2401-057
..that’s there internal overnight delivery system, didn’t know they had their own private postal service did you, or that they OWN thousands of businesses…including PRIVATE PRISONS
Wells has a lot of this work done by their Wells Fargo Home Mortgage division (WFHM)
THEIR internal address is MAC X2409-01F..you might just want to send it both plaes and see who gets back to you faster and ask THEM which one they want you to use.
oh yes…just for the heck of it, lets see if we can catch the OCC in destroying more complaints about Wells Fargo, – send a complaint to the OCC via their website
and copy the federal reserve and department of justice, too
starting at the top works better than starting at the bottom
and consider an Injunctive suit pre-emptively…speak to a trial attorney about that first
REMINDER – the program will start at 11:00 am EST (sorry West Coast – either an early wake up call or you can listen to the archives)
Join us on Sunday, February 9th at 11:00 am EST:
CALL-IN studio number or to listen via phone: (646) 716-5461
11:00 am EST: John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records.
Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
12:00 pm EST: Larry Doyle, a Wall Street veteran, and an author of the recently published book, “In Bed with Wall Street”.
Larry:”This revolving door and the corruption that goes along with it is one of the only — if not the only — issues that the overwhelming percentage of people in our nation both understand and agree on as being a HUGE problem.”
John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records. Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
I am not sure what blog radio is? how do i get to be able to listen to John O’Brien Sunday? Thanks.
ohioan
February 8, 2014 at 10:57 AM
Click on the link and it will take you to a page the will show you details of the program and the player that will let you listen to the broadcast. There is also a call in number listed on that page.
My foreclosure action was filed in March 2008, abandoned by Stern, then picked up by Aldridge Connors in 2012 who waited until December 2013 to surprise set it for trial Feb 27, 2014 without as much as looking at the file – which is voluminous, partially due to my having filed suit against Wells Fargo which the court granted me leave to file de novo as a separate action on.
Now I discover they have SERIOUS fraudulent documents which they won’t let me see, so I have a one hour special set hearing for sanctions, for orders to compel, and expand my discovery for Friday Feb 7, 2014, in courtroom 517 at 11a.m. if anyone wants to make it.
MERS has removed itself as nominee and its been over five years since my alleged default, at the hands of Wells Fargo having instructed me my next payment was April 1, 2008 and then filing forclosure before that – which led an investigation that my loan never transferred away from my original lender, who settled with me and there is no balance remaining or any payments past due…plus MERS clearly shows the party Stern sued me under has and never had an interest in the Note or Mortgage, and MERS has even removed itself as Nominee to act under my Mortgage. Stern committed fraud on the court and Aldridge Connors decided they could fix that with even more fraud and a sham trial by ambush !!!
As to government agencies not being interested, that’s patently untrue. The FBI, Justice Department, Broward Sheriff’s Economic Crimes Unit and Florida AG’s office have all been very very co-operative, and I don’t know if YOU ALL KNOW THIS, but much documentation they have is readily available, as are depos, interrogs, admissions, affidavits, and sworn testimony from any other case in any part of the Country…there’s 14 cases worth just that the Fla AG’s office has on just Stern alone.
Turns out Wells Fargo stole my original Note and Mortgage, my loan never made it into any security, and WELLS HAS BEEN TRYING TO GET MY PROPERTY OR CASH FROM A SALE FOR ITS OWN POCKET – MAJOR CRIMINAL RACKETEERING. My case is being made into a Documentary, and FYI any judgment obtained by fraud is void or voidable.
My case is CACE 08-018999 ( HSBC v Heinrich, Broward Circuit Court ). I LOVE to talk to judges, law enforcement and the media, and dig, dig, dig and then present it… Wells is a bigtime criminal in my book for what it has and CONTINUES to do – they have violated their settlements with the government and should be closed, and have done themselves in on my case by continuing to commit more and more fraud and now making Aldridge Connors the new David J Stern.
If you find a violation, you must do all in your power to put it before everyone you can find.
Schneiderman of NY and Harris of California and a few others are preparing new actions and will work with you as they are building racketeering action against Wells which hopefully will lead to Federal Grand Jury criminal indictments. A number of South Florida judges are under investigation for aiding and abetting financial fraud in granting undeserving parties foreclosure.
Know the law, know the facts, and know how and to whom to present it, and DON’T LET ANY COURT disobey the law and allow forged documents and non-proven chains of title to the Beneficial Rights, Title, and Interest in the Note and Mortgage be used to base a bogus foreclosure judgment… its done all the time because the judge and foreclosure mill attorneys think they won’t get caught …but the halls of the courtrooms are full of eyes these days, and this story is FAR from over.
Tom, Since you are in Fort Lauderdale, (and Broward is a tough county for Foreclosure), I might be able to help a bit. You are close enough for us to meet for coffee and review your file. Contact me through Foreclosure warriors, or Foreclosure Hamlet. The locals there know, or should know, how to put you directly in touch with me.
Congrats on your personal success and strength to continue to fight. Most people however have had little progress in the way Courts continue to rule. We can try to educate a Judge that the pooling of Mortgages into another investment form changes the ability to foreclose on those properties or that fraudulent signatures void a Mortgage Assignment but it has not resulted into consistent rulings favoring the Homeowners. We all realize we owe a mortgage but it doesn’t give the Banks and the Servicers or their unethical lawyers the right to attempt to foreclose, pile on huge fees or create fraudulent documents where it is not done in accordance with the law.
The truth seems to be that the for years Banks built their own Ponzi scheme investments with our Mortgages and when they were called on them had no choice but to attempt to backpedal and create as much revenue and chaos by attempting to foreclose on properties as well as add trillions in fees of all kind. I’m sure the flowchart on their walls is well mapped with the step by step process, with law firm names, servicers, insurance companies, etc.
Why all the unwillingness to Mod a homeowner who owes a balance when you are compensated for those programs and lose zero?? Because you get paid 2 to 3 times the balance on your books by foreclosing, submitting these to the Gov’t, getting reimbursed then submitting them to your Insurance, getting reimbursed, then attempting to sell the debt for 20% on the dollar.
Judges know they cannot massively rule in favor of homeowners against this chaos. When you take the time to try and understand the law and present it to a Judge, you hope for a fair and consistent legal ruling. Not to be told, go in the hallway and work with Mickey Mouse and see if he’ll resubmit the documentation cause it’s signed by Donald Duck who works in the mail department.
Until someone or some lawyer is able to present a solid case ruling which will set precedent for all of us to use as well as the specific type of foreclosure defense lawsuit very little will help the majority. I understand circumstances are different in each case and some individuals are having success across the country but it is not filtering out to the masses who are experiencing the same issue.
Was interested in obtaining your Complaint and paid the $5 but only able to see headings and not the Complaint itself?? Will you send me a copy via email as I am going to sue the banks, Judges and Court Clerks for denting my civil rights to the LIBERTY and JUSTICE for ALL crap we were told in AMERICA? elyse@gte.net or call (702) 809-0716
Hello idynps…I live in Florida and been fighting foreclosure for almost 3 years. The note served only had one blank endoresment from the original lender to country wide written next to pay to but what had been filed with the court has 2 other endorsement…what its my defense on that finding?
Every endorsement has to have written documentation to prove why the endorsement was done and to legally substantiate it was done properly. This is one of the problems with judges, they blindly accept an endorsement, and the MERS system was created to “BLURS” this documentation…if the docs don’t exist nobody goes to jail. Remember a judgment obtained by fraud in typically unenforceable…a Subpoena to Produce should do the trick…even AFTER a foreclosure sale. And complaints to the Judicial Qualifications Commission HAS to be investigated, altho’ they won’t want to give you the results, however under law this is OUR Country and we’re ENTITLED to view whatever we damn well want unless it has to do with National Security or minors. Don’t ever be afraid to fight…it’s what makes this country great…even the common folk can go up against the establishment big boys (and girls, few as they may be)…but check with an attorney, this is not legal advice but a point in a direction
hi I am fight detusche bank I found out thru request for admissions that my loan was securitized which means it became a stock no longer a loan which means they had to destroy my note which means under rule fas 140 they no longer control the note because a note and stock can not exist at the same time plus it forever change its state it go from a secured debt to an unsecured debt its registered with Sec then the admitt my note is left in blank assignment Mers assigned the note to deutsche bank which we no that they don’t have the right to due I asked for the original note with my signature on it they said the declined they have a copy i told them its fraud I know they don’t have it I had crappy lawyer who I fired they said they would not respond to my request the matter was resolved by order of consent which I don’t understand they sent me letter of default I sent letter back disputed so i want to file quite title against them I need advice I think I have good case broken chain of assignment they lack standing blank assignments are not acceptable form proof perfection supreme court ruled mers is never holder in due course and I don’t think deutsche is not registered to due business in new jersey any help would be great
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be a power of attorney filed in the county she is in, in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them (which is not actually her title)?
I got all of the documents that were there months back, but I will check again. MER,s is on my document. I asked them exactly what you told me. He looked up my name and address and could not find anything
Did you ask AIG if they held the default insurance on your loan through whatever bank is attempting to foreclose on you? Is a bank attempting to foreclose on you without being sent a default notice? Are you being sued for foreclosure? I so, you may want to file a cross complaint with several “Causes Of Action” and harassment because you are not in default? You issue seems rather unique as a default is necessary in most cases, however, we are dealing with crooks and liars!!
Have you gone to your County Recorder Office to gather all paperwork on your home? If not, you must retrieve whatever is there because there may be a Default Notice filed and you were not served…they use much trickery with their fraudulent foreclosure practices. Do you have a MERS on your Deed Of Trust? If not, what information did you ask of AIG?
They will get to you…MERS has had some 63 million loans that are all in danger and it will take more years than can be imagined to get to all of them.
The Banks joined together with Freddie and Fannie to securitize the loans and bundle them into pools of Mortgage Backed securities and sold those bundles to unsuspecting investors around the world…
The country of Iceland even went broke and had to file BK because they invested in the scam…it’s a huge Ponzi scam and the Courts are allowing it to happen…
File a lawsuit against whatever banks are coming after you, stop sending your faxed proof for a modification and STOP talking to the banks!! They cannot help you and will not try!! They are bullies and many hundreds of thousands of homeowners are fighting for their rights!! It’s a mess and unscrupulous!! Bastards!!
IDYNPS. Is it possible that the loan could have been insured by another company other than AIG. I called them and they said they could not find any information. Is it possible the loan was not insured?
If you gave AIG your MERS ID #, then you may have to use the TRUST name that your loan was bundled in, if you have that information? To answer your question, yes, I guess another Insurance Company could have insured the mortgage backed securities…scams were going on, on many levels! It’s all a fraudulent enterprise and illegal! I have spent much time doing my due diligence and based on what State you are in, there may be other recourses available for you to reach out too. A question…we’re you served with a DEFAULT NOTICE or 2? 3? 5? ….the default notice is what kicks in the default insurance. AIG had so many default swap claims that they went to the Bush White House for their bailout in the billions! AIG over extended their ability to pay off all the claims from the banks demanding it…sometimes 2-5-9 Notices were filed as the banks knew they were in trouble!! It’s so bad that it’s difficult to wrap our heads around!!
Thank goodness weed is legal here in California!! This is the biggest crime in the history of America and they are getting away with it! Keep Up The Fight!!
it is the CHIEF judge of each state that is responsible for each and every judge below them to protect their oath to the US Constitution and mandate each judge follow their oath to the US Constitution and protect the Law of the Constitution.
You are correct!! This scam is violating the law and of course…it doesn’t matter!! When I attended my final court appearance and I brought 2 Assignments Of Mortgage, enlarged them and glued to poster board and it clearly provided evidence of Robo signed by an employee of the banks lawyer, David Sterns, as well as the second Assignment notarized before it was even signed by the robo signer…IT JUST DOESN’T MATTER!!! The Banks are stealing homes and the Courts are allowing them to do it…NO MATTER WHAT! After that hearing, I walked outside and just broke down in tears because I realized, the Courts are not protecting the homeowner…After that scam hearing, I was offered a mere $2,500 as a “cash for keys”…after many further conversations with the law firm representing the bank, they asked “What will it take to get you out?”…I said give me $50,000 and I’ll be gone in a week! The lawyer said the banks will never go for that, but they did…after I shared with the law firm that I filed for an Appeal and that I placed a complaint with Attorney General, Eric Holder! They freaked at that point so gave me $50,000. That was more equity than I had in my upside down loan!! I am now fighting for my second home…It’s a horrible situation we are in but we MUST fight to the bitter end!! Good Luck Good Citizens of America!!
Mark
February 2, 2014 at 1:15 PM
The bottom line is courtrooms are NOT making any rulings regarding Robo signing that favor the homeowner in any large numbers or which would set precedent. The fraud was just too large to start throwing foreclosures out of court. It is a shame, but that is the reality of what is occurring.
IDYNPS, How do we get evidence that the bank was actually paid off. I have a second mortgage with Wells Fargo and its been over a year and they have not taken any action, which I find very strange.
It’s the RICO Act…which is an ongoing criminal activity!!!! This RICO Act is what the LAW uses to bust criminals like the mafia…Finding the evidence is so difficult for people like you and me. They are working together in this “web of deceit” and even bringing it to the attention of the courts, it doesn’t seem to matter. Contact AIG in NYC tomorrow, Monday. Whoever answers the phone, a receptionist, ask to be connected to accounts payable…do not say you are a homeowner, just ask if your MIN. number (MERS ID) has been paid? Try not to disclose much information, you are attempting to know that there is “clear title” period.
James, we are under attack and the Banks are killing us without even shooting a gun!! It’s a CRIME…we need to get it out of the CIVIL COURTS cause the Courts are allowing this to happen…Good luck!
When a bank files a complaint based on a DEFAULT, the bank files a claim to the insurance company (AIG) for the loan being in DEFAULT and the Bank is PAID IN FULL on that DEFAULT…Can you imagine? No wonder the Wall Street Banksters are experiencing such growth!! File a lawsuit against the BANK that is coming after you…Not that it matters because the Courts are allowing the Banksters to steal our homes!! File it anyway and perhaps you’ll be lucky to get a “JUDGE” that “gets it”…Good Luck American Homeowners under attack…we’re getting screwed but don’t go down without a fight!
I have a quick question, just wondering if someone might know the answer. After reading a deposition done by Erika Lance of Nationwide Title Clearing (the company that prepares documents for JPMC, as well as other banks). I started to wonder how the individuals signatures who are on our Corporate Assignment of Deed of Trust got there. The individuals in question Shequita Knox, who signed as VP JPMC and Attorney In Fact for the FDIC and Angela Ruth Payne (Married name Gibson) was the notary. I know from conversations with JPMC, Shequita is an employee there and according to them Angela is not an employee, both of whom are in Louisiana, which is where they supposedly signed the document. Yet, the document was prepared by Nationwide Title Clearing in Florida. Exactly how does that work? I know from seeing other documents that were signed by Shequita Knox and Notary Miranda Avila (Robo-signer), Shequita was supposed to be in Florida a few months prior signing our document (Although she was really in Louisiana). I guess what I am getting at is how is it that Nationwide Title Clearing prepares these documents in one place, yet the people who signed on them are in a completely different place? Just seems a little fishy to me.
make a formal complaint to: [PDF]
complaint form – Florida Commission on Ethics http://www.ethics.state.fl.us/forms/Cmplaint+FAQ.pdf
(Print, Type, or Stamp Commissioned Name of Notary Public) … Please explain your complaint fully, either on the reverse side of this form or on additional sheets …
It’s Called ROBO SIGNING…and it should be illegal. I had an assignment that was Notarized before it was even signed and it didn’t matter to the Judge!!! What’s being done is CRIMINAL, not Civil, however, the Sherriff, DA, Attorney Generals, Department of Justice or FBI will NOT take a Report!! They all direct the homeowner’s complaints to the Consumer Financial Protection Agency who send your Complain to the BANK and whatever the BANK sends back to the Agency, that’s all they do???? It’s the biggest Ponzi scam to ever be perpetrated on the American people and it’s illegal, it’s fraud, but it doesn’t matter!! If just ONE Sherriff would file against the banks, it would grow like a weed and these banksters will be arrested for these illegal activities!! File your lawsuits and wait for someone to step in and arrest the Banks using robo signed documents to steal our homes! It’s far beyond unbelievable…it’s CRIMINAL!!
Tricia
February 3, 2014 at 6:53 PM
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be an power of attorney filed in the county she is in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them?
The Cease and Desist letter may have worked but they will just sell it to someone who will come after you probably. You can file bankruptcy chapter 13 and strip that second mortgage. If you need help with that let me know at Keystonegatorfan at gmail. If they try to contact you or collect file a suit in Federal Court against them……it puts money in your pocket and most of the time it will never make it in front of a judge as the debt collector will settle for money damages out of court. FYI each violation is about $1000. I am filing against a bank this way. I don’t even have a mortgage and they are trying to take my home!
I have a second mortgage with Wells Fargo, we have not paid them in almost a year. I did send them a cease and desist letter a few months back. Why have they not initiated some type of action?
How is it legal for mortgage company like Flagstar Bank to sell a note in a bulk discounted sale to an investor and then Flagstar files insurance claim and get paid for the full amount of the loan??? Seems like fraud to me.
@aj: If Flagstar then comes after you, they would be guilty of double dipping. All you need is proof of those transactions. Go for it and keep us posted.
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Reply
dangeroosdaveve McCrae says:
February 28, 2014 at 8:43 PM
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
It IS fraud and the courts are allowing them to do it! It’s the worst crime in the history of the United States and our officials are NOT protecting us!!! Bernie Madoff is a tiny little pea compared to what the Banks are getting away with!! File a lawsuit and fight them as the Plaintiff, it’s hell but you must at least put up a fight!! Good Luck…
If the system works right for them, they might wind up with three or four times the amount of the loan…remember they borrowed money and have very little of their OWN, if any, in it
research it on the web…lots of great insider books that show you how its done
ohioan
March 1, 2014 at 11:03 AM
Tom, we had a relatively stable economic system in this country, until the thugs came in. Any chance you would consider running for Congress? Will be in touch.
Right on Imanda Don’t accept anything less than you deserve ,
since 2008 i am fighting corrupt judge Alice Schlesinger of NYSC that gave Fidelity National’s Title client and another corroupt client one each of my two properties so that Schlesinger could take a bribe.. Patience one by one we are watching them exposed from LPS Docx down.
December 24, 2013, 3:13 p.m. ET alert alert alert LPS IS BACK
——————————————–
Lender Processing Services, Inc. Receives All Required Regulatory Approvals for Previously Announced Acquisition by Fidelity National Financial, Inc.
Hark….the For Closure Angels have brightened this Sunday morning. . .your post above shall be printed and read aloud daily. Some fights are necessary and worth having. For example…Jahi. 777…..MetLife and I are about to have our C2J…..like that wonderful basketball coach….”when the dog does sumthin’ rong….you roll up the paper “bad dog”….swat the banks…bad bank. Bad. Never again. Bad bank….swat ( harder this time )….”wabAMM” Bad bank. Never again. You think Kim J Un’s other uncles aren’t out maxing their cc s on Kim? Feathertouch but hit hard after that. Real fn hard. Merry Christmas ALL….to the light….6s ii 7s. WUUUfff. GOOD DOG….☆☆☆☆☆☆☆
You have a good case for breach of contract. CitiMortgage tried to make us move and offered us a $3,000.00 check. We said NO! It took us 8 years to the date to settle our claim with CitiMortgage for wrongful default and wrongful foreclosure. It all started with 2 miss applied payments that went ???????. They never could tell us. We settled on OUR terms and got what we wanted. But, it was never ending and mentally exhausting. What benefited our case was that CitiMortgage could not respond to a court order within the timeframe, they gave us 20 days to submit discovery and the judge gives CitiMortgage 90 days. WTH! Don’t give up, stand firm on what you want and don’t let them intimidate you. CitiMortgage Attorneys even threatened our attorney numerous times. Really? Judges are getting fed up with bank attorneys using deceptive practices in their courtrooms. It slows the whole process down. One thing in common with all banks, one department doesn’t know what the other is doing. Once the mortgage is in the legal system, it is pure hell to get it out of that status. Just hang in there; there is a lot more they will put you through; reading comments and 8 years of fighting, it seems like its a stepping stone. You have to climb the course and successfully get through each maze with your sanity. One a scale of 1-10 of completion, you are number 3. Good Luck, maybe I can help somebody. Don’t ACCEPT NOTHING LESS THAN YOU DESERVE!
About 6 years into our dispute with CitiMortgage regarding missing mortgage payments, and showing our proof of payments, CM decides that I need to show proof of payments for the entire loan history……REALLY……well, it took about 2 months, BUT, we complied and made enough copies to give out as requested per department. Its the little things that will drive you nuts. I had to provide proof of monthly payments for 12 years. CM letter proof of payment, proof of payment from our checking account; CM started backing down some at this point. Glad I held onto this paperwork for so long.
C. Osborne,
Yes, the judge notated in the order that we could bring an issue back before him…can’t remember the exact wording, but I’m not sure what motion I would file and what I would be asking for. It encompasses potentially several issues so I first need to wait to find out how badly we get hit with the tax because title will not have transferred in 2013 and what the other damages and allegations I’ll need to address in whatever motion I file. I’m just so sick and tired of it. You all here know what I mean. It is criminal in itself that they can just continue to do this to people.
I am sorry you are going thru this, we too are being held hostage by utility company requesting deed before they will terminate service, wells fargo did not even pay stamp doc to courthouse yet after they bought it at auction , same thing with insurance issue . It seems it never ends , our house was valued at 61,000 and we paid 168000 , our credit continues to get sacked and my daughter lost her only home. Now on top of that unemployment ends for those of us who are really trying to get jobs. HO Ho Ho
This is an up-date of my case and hopefully won’t be what happens to those who have been completely successful.
1. Filed an adversary proceeding, pro se, in BK court against JOA (fictitious) name;
2. Litigation went on for 2 years and with their last attempt for a SJ which failed, judge was going to set a date for trial;
3. BOA finally agreed to settle the case rather than proceed to trial and for which I have been banned from speaking about the case;
4. Settlement Agreement was for a lump sum cash settlement and we agreed to a DIL, NOT a foreclosure along with a few other misc., terms;
5. Settlement signed in July and also approved and signed by the BK judge. Agreement calls for the property to change hands and home to be vacated in pristine condition on or before September 15. Contacted by their attorney to allow an inspector to be able to come in and look which we willingly agreed, but no inspection ever took place. We moved out and notified bank attorney. We were paid the money to move out as per the agreement;
6. Notified attorney that utilities, taxes, HOA dues and other bills needed to be paid and those people notified of title transfer;
7. Since that point, utility companies refuse to disconnect and keep billing us, JOA continued to harasses us with threats, phone calls, more accumulated charges as their foreclosure unit claim to have no knowledge of any agreement. After we were threatened by the state tax office of a pending sale for unpaid property taxes and another threat by me to the bank attorney, the taxes were paid, however, they seem to have applied these charges along with forced home owner’s insurance to this on-going bill from their foreclosure unit;
8. The property still in our name will mean that if the “tax relief” bill does not get put back in for 2014, we will face dire tax consequences based on whenever they decide they want to take title.
They have completely violated and breached the agreement every which way from Sunday, have made us incur more dings on our credit which was also addressed in the agreement and leaves us dangling with unknown present and future liabilities. I believe that I should just go after getting the home free and clear as I don’t know how else to get this monkey off my back. We have been cheated and lied to by them since 2009 when the fiasco actually began and I thought that it would finally be over and we could put the pieces of life back together but it just goes on and on.
Anyone else out there who is experiencing the same thing?
guess…since they violated the terms of the settlement….would tell them….you are no longer required to keep quiet………
kat
December 21, 2013 at 8:34 PM
I agree with your logic but it probably wouldn’t stand up legally; a wrong for a wrong..lol But since they have so egregiously breached the agreement, pretty much makes it void or voidable at this point. I don’t know and as much as I hate the thought, I have to start doing my legal research again and start prepping for the next legal go around. Not looking forward to it at all but you gotta do what ya gotta do. With that said, happy holidays to all here and a very safe and happy new year!
C. Osborn
December 21, 2013 at 11:31 PM
From what I have read in Jursidictionary….normally Offers of Settlement or Compromise are not allowed to be revealed/admissible….EXCEPTION….when one party makes offer….other side accepts offer….party that made offer doesn’t follow through with offer. Since the BK Court is one that signed off on the settlement….can’t you file a motion with them for violation of settlement agreement?
If it helps one it helps all. . . Please use my Boise Police Department Official Criminal Complaint against MetLife Bank….Laura Burrie and Ringert Law…both of Boise.
Fraud w RICO and collusion. The perjury is simply a cherry on top. I am suing these parties for millions….$6000 wasn’t enough. A grand for each year in hell…. trevor.hitchin@gmail…..lets twwwalkabouit…… 777
I go to court on Wednesday 12/11 and am putting my case in order. I have proof of fraud. Just FYI, one of the attorneys who advertises on this site is Forrest Law Firm. I used him for my attorney and he kept the banks at bay for three years, BUT he overlooked all of the fraudulent items your website speaks about and was ready to let them take my home. He is no longer my attorney and I am thinking he was negligent. On my own I have found proof of robo signer Theodore Shultz and four other robosigners, but with Shultz I have proof of signature as MERS VP and then also as Aurora Assistant VP. I have other issues I will raise in court and have to go in Pro-Se because Mr. Forrest did not do his job properly. I am getting a crash course in how to do this on my own through hours of study and dedication to winning based on the massive fraud perpetrated on me and the courts.
Christina, Good Luck. Let us know how it goes. Just settled against CitiMortgage for wrongful default and foreclosure fraud; it took 8 years tied up in the legal system. Look on the bright side……lets hope you do not have 5 years to go. We also had an attorney for 54 months that told us we needed to have a place to move to by October 2010. They also tried to get us for another $3,000.00 for assistance with a loan modification. I fired him in February 2011, fought like hell and hired a Real Estate Attorney who let me fight my case my way. November 01, 2013, we signed contract all parties agreed upon, 0% percent interest, bank has to pay 8 years of legal fees (lol), fix our credit, no judgments’ ever, mortgage will state “Satisfied-paid in full”, no early pay off penalty, etc. My HOME is full of holiday cheer this year as we are unpacking boxes that have been packed since 2005. Folks, stay strong; you can win; its not easy; and they will drive you crazy. Little bit of advice…..do NOT let the bank talk you into a Short Sale; it will stay on your credit for 15 years. They don’t tell you that.
Imanda Thank you! I filed a “motion for enlargement of time” and because my attorney just removed himself from the case officially 3 days prior to the trial the magistrate granted it – but it was more than that. I have ample proof of fraud and I believe the Magistrate and the Plaintiff know it. So we are having a review on 1/22 of all issues. By that time I have to have a new attorney or waive my right to one for the trial on 2/19 because the plaintiff’s attorney said there would not be enough time for him to know what my new attorney would request or file if it was after 1/22. The judge granted that, but I also have time to file and “motion for amended complaint.”
Thanks for your support and congratulations on winning your case!
ohioan
December 20, 2013 at 9:50 AM
Imanda, which state are you in? Would like to look up your court filing if possible.
And congrats on getting a good outcome.
James Smith
December 20, 2013 at 10:39 AM
Imanda, can you send me everything that you can on Citi Mortgage. I am having some issues with them as well. jsmith5915@msn.com. Thanks
Imanda Waldon
December 21, 2013 at 10:08 AM
James, I have to much documentation to send. A lot of negotiations were through the fc loss mitigation department. Your claim will have to reach that department before anything will be done. They will have to get approval from investors to offer a deal. Send me your email and I will try to help you. It takes not backing down and don’t give into anything you feel is not correct. We live in the state of Florida. Every time Citi filed a motion; we filed one back. I have a great story about our experience in mediation. Citi’s attorney left our mediation to get a McDonalds hamburger. lol Wasn’t funny at the time as the mediation cost us $3,000.00. That’s just the beginning!
NMS LAW CORPORATION 1206 E 17TH STE 201 SANTA ANA CA 92701 THIS LAW OFFICE IS RAN BY SCAM ARTIST! THEY RECENTLY HIRED EMPLOYEES AND FIRED THEM WITH NO JUST CA– USE AND DID NOT PAY THEM. ONLY PAYS EMPLOYEES UNDER THE TABLE BE CAREFUL ORANGE COUNTY!!!!
Looking for homeowners here in Cheeseland with loans from HomeSide Lending, allegedly sold to WaMu, serviced by Chase and/or Wisconsin mortgage.
If you were foreclosed, succumbed to a deed in lieu, are an alleged “debtor in possession” or in any stage of alleged default or foreclosure, I would really like to hear from you.
Homeside/WaMu/WI in the subject line please.
Everyone should read the book “FIGHTING THE FORECLOSURE MACHINE -THE HOMEOWNER’S HAMMER” Robert M. Janes. “DON’T ASSUME THEY WIN – even if you’re behind on the mortgage payments’!
I also spent months and months of time researching….looking for where/when the Banksters made mistakes/committed fraud etc…it doesn’t matter!
The Banksters are the Plaintiffs……the Burden of Proof is on them!!! Make them PROVE beyond any/all doubt that they are PETE! Go on the Offense…not the defense…..
Appeal from a judgment of the Superior Court of Orange County, Karen J. Bravata, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Law Office of Quyen Kiet and Quyen Kiet for Plaintiff and Appellant.
Houser & Allison, Eric D. Houser and M. Benjamin Susman for Defendants and Respondents.
OCWEN’S guy M. Benjamin Susman-lawyer
DON’T GET CONF– USED! that’s exactly what they want…feel indignation on how the “BANKS” are treating us! Ocwen loan Ser LLC will never record an assignment of DEED OF TRUST.they used WESTERN PROGRESSIVE -Attorney in fact Madan Kumar–House&Allison Lawyer Manford Benjamin Susman ..remember Ocwen LOan Ser LLC in ONLY A DEBT COLLECTOR,,,LOOK ON YOUR “BANK STATEMENT’ WHO’S NMLS # IS SHOWING ON TOP? AND THE NC PERMIT #?
Sample Written Complaint to Lender
The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.
Attention Customer Service:
My servicer Wells Fargo told me that Ocwen Loan Servicing was my investor. You are saying that they are only a collection agency. Also
Shouldn’t I have some type of assignment telling me that they own the loan?
Jamaes..you have to complaint to CFPB–and to NMLS-Dept of Bussiness Oversight since OCWEN LOAN SERV LLC ONLY A DEBT COLLECTOR USING NMLS 1852 MUST BE REPORTED DUE TO HIS CHANGE OF ADDRESS TO VIRGIN ISLANDS AND THEY DID NOT DISCLOSED THIS NEW ADDRESS AND BY LAW THEY HAVE TO.
Ocwen Loan Servicing is just that — a loan servicer. They currently hold my account – but not as Trustee. I see you are in KY from prior post. My loan was transferred 3 times (Fremont, Saxon, Ocwen) and the investor is Deutsche Bank. Your “investor” could be anyone! If Ocwen is now “investing” this certainly is news and a conflict for them!
I discovered that Ocwen uses Wells Fargo BANK in San Francisco, CA for payment receipts, as it was listed on a recent mod proposal as a place to send certified funds.
Yes, you should make ANYONE who tries to foreclose PROVE the chain of assignment.
Legal Aid in KY will not sue on your behalf, but they WILL answer/defend you against a foreclosure lawsuit. This one action kept them from taking my home.
Once your recieve a foreclosure notice, legal papers from the court with a date, regarding any entity that claims to have rights and starting foreclosure (has to be judicial, so you will get some type of legal notice) take it immediately to Legal Aid. They will file a response and Ocwen. My attorney requested discovery knowing DeutscheBank had attempted foreclosure without proper proof. They will have to comply with discovery. It tied them up – as the file is a huge mess! Albeit, my *discovery* was about 10 lbs of meaningless info, out of order, multiple copies, etc.
At one point, in these papers, it stated Wells Fargo securitized these loans. However, DeutscheBank is the investor from other documents. I haven’t rectified this wierd bit of info or presented it to coult, but I also haven’t gotten any more legal actions filed. Working on getting Ocwen to comply with modification and have escrowed my “potential” payment of 33% income with attorney. I would suggest you start “paying” yourself what you feel should be going to mortgage payment each month in anticipation of this.
If you are unsure if a foreclosure has been initiated, do a self search on your name for civil actions against you on your courthouse or sherrif’s web site. Typically, a sheriff serves these notices and it is in their system. If anything else, go to court and file a request for “continuance” asking for time to obtain an attorney if you discover that you have a court date and no time to act.
Beware of NEIL GARFIELD!!!!! He took our $1300, sent worthless securitization docs, no title search and wouldn’t give us our consult. He confirmed refunds , but Paypal and Square tell me the funds are not there. Garfield’s office says they fixed this yesterday and they haven’t.
These people are horrible crooks. They took advantage of my ill, 76 year old mother. The FL Bar is investigating them.
Prepare a satisfaction of mortgage and personally sign it Donald Duck as VP, copy and paste the last notary credentials from your fraudulent Assignment and file it at your County records office. Watch how quickly the Sheriff is knocking on your door with the cuffs.
I just took a proposal (my civil suit, with corresponding criminal activity of defendants) to our grand jury here in Burnet County, Texas for just such action. We considered the miscreants for about 15 minutes before deciding that USAA, PHH, and BBDFTE could not possibly be guilty of such fraudulent behavior as alleged, since they do such a great amount of business here and are such excellent corporate citizens. Oh, well, 253 other counties here in Texas, we’ll check them out one by one….
I’ve decided to go to District Court with a class action instead of Burnet. We’re over $75,000 so would end up there regardless. I’ve invited my defendants to an alternative dispute resolution meeting, as is required prior to filing litigation, on 24 December 0900 at my house. Anyone else with information is also welcome. I’m at http://www.phhmortgagemustbedestroyed.weebly.com
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
My original Lender on the Deed of Trust was Mortgage Lenders Network. I have a Corporate Deed of Assignment that MERS assigned to US Bank, National Association, as trustee for RASC 2006-EMX1 at 4801 Frederica Street, Owensboro, KY 42301. The recording was requested by Wells Fargo and they are also listed as the default assignment. Wells Fargo recently sent me a document which listed Ocwen Loan Servicing as the investor. If that is the case, shouldn’t there be a document assigning the loan to Ocwen Loan Servicing? Im so confused with this stuff. Something is truly wrong with this loan, but I cant afford to hire an attorney to get to the bottom of this. jsmith5915@msn.com. James Smith
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
NMLS ID: 1027125
Street Address: 2255 North Ontario Street
Suite 400
Burbank, CA 91504
Mailing Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Phone: 818-260-1400
Fax: 561-682-8163
Website: http://www.ocwen.com
Email: mable.scarlett@ocwen.com
California – DBO Mortgage Loan Originator License Yes Submit to Regulator
License/Registration #: CA-DOC314033 Original Issue Date More Info : 12/02/2011
Status More Info : Approved Status Date: 04/12/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More Info
Company: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Start Date: 04/12/2013
Michael Timothy Witten
NMLS ID: 314033 Phone: 818-260-1503
Fax: 818-260-1815
Other Names More Info : M TIM WITTEN, TIM WITTEN Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Loan Servicing, LLC (1852) Engaged in other businesses More Info : No
View Employment History
From To Employer Position City State Zip Code Financial Services More Info
02/2013 Present Ocwen Loan Servicing, LLC VP, MASTER SERVICING & BRANCH MANAGER Burbank CA 91504 Yes
02/2001 02/2013 RESIDENTIAL FUNDING COMPANY, LLC VP, MASTER SERVICING & BRANCH MANAGER BURBANK CA 91504 Yes
06/1994 02/2001 DEUTSCHE BANK NATIONAL TRUST COMPANY Servicing SANTA ANA CA 92705 Yes
Office Locations More Info
Company NMLS ID Type Street Address City State Zip Code Start Date
Ocwen Loan Servicing, LLC 1027125 Branch 2255 North Ontario Street Suite 400 Burbank CA 91504 02/16/2013
Go to Location 1027125
Max Nieves
Current Legal Name: Max Nieves
NMLS ID: 305099
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Christopher Busch
Current Legal Name: Michael Christopher Busch
NMLS ID: 1066856
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Timothy Witten
Current Legal Name: Michael Timothy Witten
Other Names: M TIM WITTEN, TIM WITTEN
NMLS ID: 314033
Location(s): Burbank, CA 91504
Represents: Ocwen Loan Servicing, LLC (1852)
Monica Duran
Current Legal Name: Monica Duran
Other Names: Monica Lee Valdez
NMLS ID: 762086
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Nathan Alan Van Winkle
Current Legal Name: Nathan Alan Van Winkle
NMLS ID: 814719
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Alexander Beck
Current Legal Name: Nicholas Alexander Beck
Prior Legal Names: Nicholas A Beck
NMLS ID: 646718
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Donald Roberts
Current Legal Name: Nicholas Donald Roberts
Prior Legal Names: NICHOLAS D ROBERTS
Other Names: NICHOLAS D ROBERTS, NICHOLAS DONALD ROBERTS, NICK ROBERTS
NMLS ID: 352262
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Paula Schneid
Current Legal Name: Paula Schneid
Other Names: Paula Poillucci
NMLS ID: 39882
Location(s): Westborough, MA 01581
Represents: Ocwen Loan Servicing, LLC (1852)
Pedro Ernesto Mejia
Current Legal Name: Pedro Ernesto Mejia
NMLS ID: 835758
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Dawn Rachelle Elmore
Current Legal Name: Dawn Rachelle Elmore
Other Names: Dawn Rachelle Fast, Dawn Rachelle Ludwig
NMLS ID: 474407
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Deana Gay DeLaura
Current Legal Name: Deana Gay DeLaura
Other Names: Deana Gay Harris, Deana Gay Wilson, Deana Gay Wiseman
NMLS ID: 873979
Location(s): Addison, TX 75001
Represents: Ocwen Loan Servicing, LLC (1852)
Ellen Mary Berke
Current Legal Name: Ellen Mary Berke
NMLS ID: 357471
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Eric Owen Wilcox
Current Legal Name: Eric Owen Wilcox
Prior Legal Names: Erick Owen Wilcox
Other Names: Eric Owen Wilcox
NMLS ID: 1064974
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Greta Nicole McKenzie
Current Legal Name: Greta Nicole McKenzie
Prior Legal Names: Greta Nicole Mc Kenzie
Other Names: Greta McKenzie-Carver
NMLS ID: 905780
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Frank Therien
Current Legal Name: Jason Frank Therien
NMLS ID: 1073939
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Michael Thomas
Current Legal Name: Jason Michael Thomas
NMLS ID: 899442
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Jenifer Rose Lis
Current Legal Name: Jenifer Rose Lis
NMLS ID: 243569
Location(s): Columbus, OH 43221
Represents: Ocwen Loan Servicing, LLC (1852)
John Andrew Coaster
Current Legal Name: John Andrew Coaster
NMLS ID: 802182
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Company: Ocwen Financial Solutions Private Limited
NMLS ID: 15877
Start Date: 01/30/2013
License/Registration #: 104785 Original Issue Date More Info : 01/30/2013
Status More Info : Approved Status Date: 01/30/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More InfoManish Kumar Paul
NMLS ID: 1003972 Phone: 561-682-8000 x68124
Fax: Not provided
Other Names More Info : None Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Financial Solutions Private Limited (15877)
Has anyone ever dealt with Ocwen Loan Servicing out of Fort Washington, PA. Wells Fargo is telling me that Ocwen Loan Servicing is the Investor for my 2nd Mortgage which America Servicing Co/Wells Fargo is the servicer. What I need to know is what is the best way to go about finding out if they are the actual investors and if they even have any records of my loan. My guess is that I am going to get the run around and probably will find out that they know nothing about the loan. jsmith5915@msn.com. James Smith
JAME Smith: look in this NMLS WEB SITE for LIC# of Ocwen LOan Serv LLC http://www.nmlsconsumeraccess.org/Home.aspx/SubSearch
Ocwen Loan Servicing, LLC
Current Legal Name: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Branches: AZ, CA, FL, GA, HI, IA, MA, NV, OH, PA, TX
MERS is the paperless system that took it upon itself to take the place of the County Land Records which allows banks to pass loans around like a bottle of whisky without LEGALLY providing any clear “chain of ownership”…
MERS is illegal and is the very reason so many States are going bk because they have not been receiving the filing fee’s for “legal” documents providing the “chain of ownerships” since MERS was created in1996!!! MERS was created BY THE WALL STREET BANKSTERS to allow them the un-regulated transfers through the NO PAPER system and was drafted by a Law Firm headed by ERIC HOLDER…The Director of the Department Of Justice!!!!
If we don’t VOTE to get rid of these BANKSTERS in betted in our Government as legislators…we’re finished! Research who you are voting for…if they worked for BANKS in their past…PASS….we have the power in the voting booth but know who’s who in the revolving doors….NO BANKSTERS IN GOVERNMENT….
Amanda during your research do you know if it is illegal for MERS to assign Deeds of Trust. I have been told that it is illegal. I have a DOT that MERS assigned and I need to find out if the document is enforceable, because MER did the assignment
Below under “Fighting MERs in CA” someone stated.
3) Any assignment of the Deed of Trust & Note from MERS to a successor is void and fraudulent.
I live in Maryland and I have a Deed of Trust that MER’s assigned to successor. Can someone tell me if this is a true statement.? Do I now have a fraudulent document. Would someone be willing to send me their email address so I could scan and send to them, so they can let me know in fact this is a fraudulent document. My email address is jsmith5915@msn.com 443 677 2799. James
check your county records. I found out that Mers assigned my homeloan to different LLC’s companies (SERVICERS-only debt collector) and sure enough they inflated our income and wrote loans for more that $2millions dollars!
JD
November 10, 2013 at 12:04 PM
Hi Amanda. It’s a matter of whether or not the presiding judge decides to ENFORCE the law. I’m challenging that issue right now here in Vermont. Go to livinglies.wordpress.com and go to the lower left of the main page, scrolling down, and you’ll see a tag cloud. Click on MERS (rather large).
Here in Vermont, the presiding judge previously ruled that MERS cannot hold a mortgage because it would also require they hold the NOTE, which even MERS says in their documents they cannot do. The Owner of the Note is the party who actually paid money, and is usually the Investor.
With my loan, I went to the MERS site, https://www.mers-servicerid.org/sis/index.jsp, plugged in the MIN # which is at the top of the mortgage (Usually Exhibit B), if it hasn’t already been redacted. (My first case against Citi showed that the identifying numbers of the loan, including the MIN #). This second case shows all that information REDACTED. I’ll be using that fact later against them.
I assume Wells Fargo is showing up as your SERVICER. Are they the party suing you? It is helping, in my case,to show that the bank admits to being merely the servicer, thus without power to foreclose.
Then I hit the “BORROWER” link on the bottom, entered the info on the next page, and on the bottom of the page, the Investor showed up. Probably FreddieMac or FannieMae. If their Complaint is from Wells Fargo, you should be ok, since the investors are the ones who lost money, not WF. The suit should have been filed by Freddie or Fannie, but I doubt it.
-JD
PS: The above is my opinion, I’m not a lawyer, and I’ve never been in a Holiday Inn Express.
look what I found out about the latest “assignment” Ocwen Loan Serv LLc NMLS 1852 and Altisource TM-dba Western Progressive LLC-Mandan Kumar pretending to be “attorney in fact”..
Doc No: 2013-0056477 Record Date: 1/28/2013
Reel: 0 Image: 0 Pages: 3
Document Type: ASGT TRUST DEED
Grantor(s):
AMERIQUEST MORTGAGE COMPANY
O ROURKE GEORGE M
O ROURKE AMADA L
Grantee(s):
WELLS FARGO BANK N A
Descriptors(s):
DOC 973029 2004
Financial Crimes Law Enforcement/Subpoena Contacts List
See this lady? The one on the left? That’s Amada O’Rourke. (The one on the right is her daughter, also Amada O’Rourke.) See those sheets of paper she’s holding? The ones that are all stapled together? Great. Those are the number of times that her client’s mortgage was bought and sold illegally. http://occupytheroad.wordpress.com/2011/10/14/fun-with-mortgages/#!
Cease and Desist Order against Citi and Wells Fargo.
There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.
There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith
I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint
“Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”
My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
James Smith 443-677-2799.
You would need to have Citi produce the list of MERS-Approved signors as of the date of your document. You should also be requesting the CORPORATE RESOLUTION between MERS and CIti.
But here is where the MERS garbage is actually legally in disarray: The MERS that is on your DOT is not the same MERSCORP that actually has the resolutions.
Also, the documents generated by MERS indicating who the approved signors were/are NEEDED to be authorized by the MERS BOARD. They were never acted on by the board. The guy signing for MERS was the secretary to the board. It SHOULD make a difference.
So far, I do not know of any courts that have actually stepped into the mess of MERS corporate structure, and the way they dissolved a prior entity. I think you can find the full details of the 3 or 4 different entities that are distinct, but the courts and far too many borrowers, have blurred them into one entity in their filings. The problem is that the structure of MERS is so convoluted that you probably would not get anyone on the bench to keep their eyes open to read the history and how this SHOULD cause MERS to have no capability of doing anything on any case.
Check the MERS address and see if it’s the same as address as for CitiMortgage. Of course it is.
Shelley is helping me out with my robosigner. She passed along 10 titles for the same person! Ask her if she has run across Belinksi’s name. shelleystotalbodyworks@comcast.net Good luck! She’s a fantastic resource and a good person.
No they are signed by Geraldine Belinski Vice President. I found others online and she was Assistant Secretary. So I tracked her down and called the bank. She is just a processor.
This is the same stuff that Chase has been doing. The only reason why they changed from signing as an assistant secretary to Vice President is because the “assistant secretary” signatures appear to be a not as a official looking as when someone signs as a VP. Most of these people that are signing as VP of Citibank, Chase, BOA, etc are simply that paper signers they sit in large call centers, where on any given day someone of them go into a room, sit at a large table and start signing away on these types of documents as VP, Attorney In Fact, etc. The bank will always tell you these people have the legal authorization to sign as VP, etc because they are actual employees of the bank not MERS or the FDIC. Have you checked the notary on the document? I would also look up the notary if you haven’t done so already. You should be able to get a copy of the notaries appropriate signature from what ever agency that regulates it for the state they are commissioned in for example we had a notary that signed something out of Ohio, so I called and had their notary application emailed to me for verification of signature.
Ck the VP signature of your assignments dealing with Citi Mortgage. See if any are signed by a M. Mathews or M. Wileman? These are Orion Financial employees and owners not Citi VP’s nor do they any POA to sign.
Howdy Folks, Just have to share one story throughout our 8 year ordeal. During 2011, our Meditation was set for hearing at the Collins Center in Pensacola, Florida. I was very excited about the meditation because finally, someone professional would listen to our side. Our meditation was between CitiMortgage, their attorney, ourselves and our attorney. Well, the 1st meditation went nowhere with 6 wasted hours. The second meditation, Citi’s Attorney was late, meditator left our file at his house, after submitting ALL paperwork, we had an home insurance policy ready to go in place, they were just waiting for the phone call then BOOM….Citi decides that unless we purchase the policy that meditation would be continued. Our attorney defense was, “Why should my clients pay additional monies for insurance if we cant come to an agreement concerning their mortgage”. Folks, getting home owners insurance when your home is in foreclosure is a nightmare! Not only can you hardly find any, you are charged way off the charts. One quote was over $7,000.00 a year for an original $60,000.00 mortgage. What! So needless to say the meditation was scheduled for the 3rd time. We show up for meditation the 3rd time, Citi has new attorney and the attorney knew nothing about our case. While my husband and I are sitting around this huge conference table, our attorney is educating Citi’s Attorney about our case and how Citi misapplied our payments and put us in wrongful foreclosure. All the same time Citi had a modification “Expert” on speaker phone working out numbers for us to settle. Well, Citi would never tell us what numbers they were plugging into their mysterious system. Well, the meditator gets mad at our attorney for doing her job very well and send us to the other conference room to sit by ourselves while Citi does what Citi Does……We still haven’t figured that one out. So we sit for hours, excitingly waiting our deal and finally, we get invited back to the conference room with the meditator and Citi still have no deal for us. But, our attorney gets it so that Citi must make an offer or decline by 3pm that same day. Well, we knew where all this was headed at the end of the 1st meditation, so I made all involved a special gift. You know, for their time and caring about our situation. As we are sitting around this magical table, I of course have my 8×10 framed photos setting out on the “table” of our lovely home and I pull out of my briefcase………….4 Red Solo Cups that had written in sharpie……”Freddie Mac can kiss my Ass”.
LOL! Needless to say, they did not think it was funny. But…….they were all holding their cups and looking at us when we left. Sometimes folks……you just have to do what you have to do. Priceless!
Have any of you received a “Help for Homeowners Event” flyer in the mail? Sponsored by HUD and the Treasury Dept. I love how it’s taking place at the oh-so-ritzy Westin Diplomant Hotel in Hollywood here in FL.
I am so sick of everyone — servicers, govt agencies — wanting to shove modifications down our throats, so that we can continue to pay for this Ponzi scheme ’til the cows come home. What a sack of shit. If only we could sue for emotional damages.
K.B., The funds used to put on the above event are part of the mortgage abuse funds paid out by the largest banks. I would recommend attending. There are grant funds available to help certain folks that qualify. You wont know until you try. I know of a homeowner in Northwest Florida that received a $25,000.00 grant and another nonprofit agency matched the funds. The funds were used towards past due on mortgage and were able to save their home. Good luck and educate yourself. HUD is very helpful and full of resources. They will open doors that otherwise would be shut to you. Don’t waste energy focusing on Ponzi scheme; put your energy into something that can benefit yourself and your family. Stay strong and stay positive. The old saying is, “You can catch more flies with honey”; not to mention the folks you will meet at the event. Networking is good. Just in case, call to verify that this is a HUD and Treasury Department sponsored event.
I’ve also had to deal with Robo signing issues dealing originally with Citi Mortgage. My experience however is that issue does not necessarily lead to any type of relief or help with any foreclosure that may occur. It appears to be an old issue in the courts and if necessary Citi will just redo the Assignment and have a current (real) VP sign. I have 7 assignments with forged signatures. What appears to happen is Citi contracts with a law firm or document processing company who knowingly creates the Mortgage assignment document but then has someone other then a real Citi VP sign. Apparently Citi needs a layer to buffer themselves from this scenario rather then draw up this document in house in 2 mins and have a real Citi emp sign it in 2 secs. With regards to your second mortgage, it may be classified as unsecured, so it has been just written off. I’m unsure if the documentation you signed gives them leverage to attempt to foreclose. 3) With regards to QWR’s, I’ve written many, very few were answered with regard to the questions or documentation. It’s a nice paper trail but nobody’s enforcing any unanswered QWR’s that I know. Citi actually told me that after 1 year of an Assignment change they are not required to answer and referred me to counsel who have resigned.
I need some direction and help. Cant afford and attorney, but Im almost positive I have a case. I actually have 3 different issues going on. 1. This has to do with my 1st Mortgage, Citi Mortgage. I have clear evidence that they are still robo signing documents (never mind that there is a current court order for banks and MERS to Cease and Desist robo signing documents). I discovered some recently posted to public records pertaining to an action that occurred back in 2005. I called the back to speak to the Vice President that was listed on the document and low and behold the individual listed as Vice President was a mere processor. 2. Has to do with my second mortgage which is with Wells Fargo. We got behind on our payments, requested a modification and they said they we were not eligible because it was a second mortgage. In the mean time I have been conducting some research trying to prepare for a foreclosure. Well I found out that Wells Fargo is reporting that they wrote the loan off. They are not aware that I am aware of this and did not send any correspondence to indicate that this is what they were going to do. I still continue to get calls from them asking for payments as if nothing has happened and they have not taken any action. 3. I also in the mean time requested a Qualified Written Statement From them. The did respond but responded with less than 5% of the items that I requested. I know deep in my heart that something is fishy with them. I honestly don’t think that they have the original tile or deed. They did not even sent certified copies which I requested. They are just stamped as copies. I am at my witts end right now and don’t know were to go from here. If anyone can find it in their heart to guide me in the right direction it would be great. I just think that I should go on the offense instead of sitting around waiting for something to happen. I know deep down that something is wrong with this picture I just don’t know what to do at this point to come out on top of all of this. I can be reached at 443-677-2799 or jsmith5915@msn.com. James Smith
James, first thing I would do is request a complete payment history from CitiMortgage. They will not want you to have it, but stand firm. You may find what you need to fight your case in the payment history. Lots of things go on there that most folks are not aware. As far as modification, they will tell you that you must be three payments behind. Lots of folks messed up not making the three payments. However, I do know some folks that did not pay the payments and still won. Issues with high interest rates, excessive charges, etc. Our payment history concluded that we paid $618.44 per month plus $20.00 for electronic payment, thus totaling $638.22 per month. CitiMortgage only credited partial payments of $598.00 per month for years without our knowledge which was a difference of $40.44 per month in actual payments. If Wells Fargo wrote off the second mortgage, don’t worry about it. They have done that on thousands of loans. They probably sold to another creditor. My guess it makes it easier to foreclose with one mortgage. Document, document, document. Do everything they ask. It wont be easy, but through this process you will find your smoking gun. Good Luck. Don’t accept anything more than you feel what you owe. Get a current copy of your credit report and check for wrongful reporting. And Citi probably does not have the original title or deed. Dead horse! Don’t waste time on that issue. Defend your home; its the largest asset in most folks lives.
James Smith
November 5, 2013 at 6:07 PM
Imanda, the thing is that we are current on the first mortgage. It was the second that we had issues with. Its probably 8 months behind, but again a representative at NACA viewed my credit report and said that Wells Fargo the 2nd was reporting it as written off. I just happened to stumble up on the robo signed documents for the 1st. Just wondering why WF did not notify us that it was written off and why are they still calling as if they have not taken any action. Im just wondering also if they are going to report this to the IRS if they did right it off?
Imanda Waldon
November 6, 2013 at 8:20 AM
James, Get your own copy of your credit and investigate whether WF wrote the 2nd mortgage off. Regardless, a 2nd mortgage is tied to the house and property as collateral. Heres where the complete payment history will come in handy; did WF merge that amount owed to the original loan? I don’t know the laws in your state, as I am in Florida. Stay current on first mortgage and investigate your case. If WF did write the loan off; be careful making payments to another creditor. Once you make the first payment you are assuming responsibility for the entire amount. If WF wrote it off, yes, you are likely to get a 1099. Check with your accountant or tax person regarding the Mortgage Relief Act. You do have a one time write off. Robo signing, lost original deed and mortgage, don’t waste valuable time on them issues. Good Luck! WF wrote off thousands of 2nd mortgages. Maybe predatory lending, excessive fees, high interest…..who knows. But, the fact is, you borrowed the money, its only right to pay back what you owe…..but you shouldnt have to pay the CEO’s Salary.
@ James and Imanda – A ‘profit and loss write-off’ on a credit report is simply taking the loss against tax liability for the creditor. It does not mean that the debt is wiped off or that the debt is still not owed. The only means that a debt is wiped from the slate is if there is a satisfaction of mortgage that is filed on the property within the public records. Secondly, a lender cannot ‘merge’ a first and second mortgage together. period. They are two entirely different mortgage vehicles. I wold check the public records on your property to see if there has been a satisfaction filed. There is no requirement for a creditor to notify you that a debt has been written off as it is more of an internal function for tax purposes on behalf of the creditor. Even if a debt has a ‘write off’ they still have the ability to collect on that debt. However, filing for foreclosure is usually not in their best interest as the 2nd position nets them nothing unless there is a large amount of equity in the property. I would consult an attorney after checking the public records to see if there are any ramifications that could be taken against you. If the lender sells the debt to a collection agency they do have to file a satisfaction of record within 60 days of the sale to the collection agency. At that point, you could offer to ‘settle’ the account (usually for pennies on the dollar) or to file for bankruptcy protection (excluding the home with the first mortgage) to wipe out the now unsecured 2nd held by the collection agency. So, the calls that you are receiving from them to collect monthly payments is typical. I would also check to see if your second mortgage is or has been sold on the secondary market (Fannie, Freddie) as that would make it a totally different situation.
I have not heard anything bad about SunTrust at all. Just be careful of loan modifications. My personal experience and watching folks obtain them is by the time they are finished with fees and interest, the equity is stripped in the home. And don’t fall for a balloon payment at the end of the loan. Good Luck! Stay away from any government modification.
Congrats on your specific successful fight. The problem is not everyone’s case is similar to yours in regards to misapplied payments. Many are in the boat of actually having missed payments and therefore the mortgage companies do have some right to attempt to foreclose. The details in those attempted foreclosures however show a long line of errors some even criminal and by the time you get before a foreclosure judge he has little sympathy to rule against the banks and offer any relief regardless of these details. You owed a mortgage, you stopped paying, you lose the house.
Howdy Folks, We have been fighting CitiMortgage for 8 years to the date of settlement on November 01, 2013. I want to share some great news and its been a long hard road; but worth it! After 6 years fighting CitiMortgage over lost mortgage payments that came directly out of our checking account (Citi Rep stated our payments had been blacked out), I hired a new attorney…..a Real Estate Attorney. Citi has put us through anything a homeowner can be put through……..strong armed us, threatened us, laughed at us, 3 mediations wanting us to sign documentation for 3times what we did NOT owe, property inspections, one property inspector had a bulldog in his car that was vicious, filed false motions, lost our original mortgage contract, scam modifications that they never get all the paperwork, time frames, time limits, accelerated interest charges, force place insurance scams and cost, deputies served my daughter 400 miles away, loss of job from mental stress, etc……….Well, heres what we settled to: Citi sold our loan to Carrington during litigation, so Carrington had a mess. We settled with Carrington that we pay $31,000.00 for our house, 0% interest, payments for 48 months, no early payoff penalty, clear title, not def/,liens or judgments, that puts $70,000.00 equity in our home, properly report to credit bureau that mortgage is paid in full, satisfied, they pay legal fees for banks which exceed over $100,000.00. Carrington representative stated that this is the first time that Carrington has been able to talk an investor into settling a disputed claim with a homeowner. So maybe this can help some other folks. Don’t waste time talking to the legal department, you have to talk to loss mitigation and talk only with the person that has the authority to get the investors permission for your loan amount, reduced principal, short payoff program, etc.. These mortgage companies are paid with federal money to write down your loan or make you an acceptable offer. But, your claim must be legitimate and you must be able to prove it. If they make you an offer, make sure it is in contract form and signed and dated. I also called to verify that our representative was an employee of this company and confirmed his title. Folks, do not let them put “Short Sale” on your credit. It will stay there for 15 years! I want to say a Special Thanks to this organization for all posts and educational material put out there for folks like us to assist in defending our rights. Your home is your Castle; Defend IT!
I see a problem, unless you can clarify it for me: The only interest Citi can assign to anyone, including Carrington, is the interest they had in the loan to begin with. If they are not the correct party to assign the mortgage, then the mortgage Carrington “holds” is void. Never happened. DOA.
The bottom line is…..we SAVED our Home and within 48 months it will be free and clear, no interest. Banks want folks to sign the HAMP or TARP because in most situations the mortgage is another 30 years with amounts owed (legitimately or not) put to the back of the contract. We refused to sign anything with a 30 year mortgage on it. What was really interesting through this, is that the mortgage companies would qualify us for a 30 year $160,000.00 plus loan but would not qualify us for a $30,000.00 loan. At one of our mediations at the Collins Center, the mortgage companies attorney left OUR mediation to go get a McDonalds hamburger. LOL Do I ever wish I had filmed our mediation uncover style. It is amazing at what they get away with at our cost. The bottom line is…….5 different attorney firms did not foreclose on our home. We feel very blessed.
Has anyone ever received a “confirmation” that BofA received your mod package, even though you *didn’t* send one in???
Either their record keeping is *really* bad (duh) or there are bank elves working on my behalf (or against me, who knows).
My mom completed one in… 2009? And was denied. We haven’t sent one in since. Haven’t paid a dime for ~14 months. They send mod packages regularly via FedEx. I always ignore them because I know they are fruitless. Nobody in my household has completed one.
Either way, whoa.
Can’t wait to see whether they deny my imaginary mod in “10-15 days”! haha
I received a mod package from BofA that I requested, but inside it wasn’t my information! It was some gentleman in Florida! Yes, their record keeping is terrible! Then they called today and, though I’m working with yet my third employee there on a modification (they keep quitting!) told me my deadline was up. My rep knew I wouldn’t be able to provide bank statements and paycheck stubs for a new job and new bank until after the first part of November, yet today they told me my deadline was November 1st! Of course NONE of my paperwork had ANY deadline on it. This is the FOURTH package I’ve attempted to complete. The first, they never sent. The second, I completed but (according to them) didn’t do correctly, was given like less than a week to collect all these documents, and it expired on me. The third had someone else’s name and info all over it. The fourth magically expired without a given deadline, though I spoke to a rep not even two weeks ago, informing him that I couldn’t give him what he wanted until mid-November. He said that was fine. Now he’s gone. His replacement hasn’t returned two phone messages, then magically, they want me to fill out a fifth package. I’m sick of this.
k.b.
November 6, 2013 at 8:19 AM
Hey Amy, I am assuming they sent you a “Notice of Intent to Foreclose” via snail mail and did not serve you with foreclosure papers. I would encourage you to submit a Qualified Written Request to the bank (the address for BofA QWRs is available online); QWR templates are also available online for guidance. Their response will include your payment history, so long as that is requested in your letter. I would highly encourage you to have it notarized and to keep a copy for yourself. I would also submit a complaint with the Consumer Financial Protection Bureau, and possibly the Office of the Comptroller of the Currency, that explains how they’re giving youths runaround, and especially how they sent info with another name. If the bank takes longer than the legally mandated 5 days to acknowledge receipt and 15 days to provide all of your documents, then you should submit additional complaints to the CFPB/OCC.
Do you know if you have a loan backed by Freddie Mac or Fannie Mae?
I have been known to kick a little &*^% from time to time….. I know I can help you, I won’t charge, it will help you, and well, in case you did not get the memo, the tide has changed….do these things NOW.
GET registered with the CPB (consumer protection Bureau). That “B” is for big….cause Bureau comes with “R” or Resources….
Log with CPB and then ‘go public’…..let the world know that since 2007 people like you are STILL being abused. I lost two homes to MetLife(FretLife) but they lost hundreds of millions to me and others like me, people who are smart, have nothing left to lose, and who NOW will stand with Lady Justice to MAKEHERDELIVER. Start with your Mayor too, document that this crisis is having a horrible effect on YOUR Community and you expect him/her to stand on the light side of the law, not the dark…..
Then call your banks CEO and ask for a secure and personal fax#. Send your letter after you had it notorized….the letter will read:
Trevor Hitchin asked me to ask you to NOT steal this home. He said your are likely now the target of a massive INTERNATIONAL/Global investigation whereby ‘Executives and Sr. Managers’ were tradionally protected by the Corporate Veil and well, now that the US did not regulate (nearly 10 years after the firealarm “Houston we have a total banking ethical meltdown – over” ) itself, the larger dragon enters and does it for the smaller dragon….just before eating the smaller dragon..
Send you story to CNN, both Coast’s major Newspapers (LAT / NYT) and if your Bank has International (institutional investors)Shareholder Services contacts, then – contact them. Let them know you are seeking criminal prosecution for the crimes being committed against you, full of MERS non-registration of Deed etc….whatever you can substantiate with evidence. I filed a police report with Boise City Police over the illegal filing of falsely notarized and MATERIALLY significant docos with OUR United States Federal Courts…..get a DR# for your police report, even it the crime is that the bank is being unavailable, negligent, fraudulent, whatever the case may be…..DOCO it!!!!
Next………… get that police report and a SUMMARY (2 page max) of what happened to you. Fax that to Senators E. Warren and E. Wood.
Fight back – THAT IS THE MESSAGE. The gloves came off for me years ago, just after MetLife filed a false police report against me (for fighting to save my house), after they lied to the Courts, after they had the nerve to think I would not report them to the Dept of Comptroller of the Currency. I wrote them times (to the CEO of FretLif) and 5 times they wrote me back, laughing, saying they did nothing wrong.
They are not laughing anymore. Either is Jamie D over or Bank of America Exec….. BoA is closing the Idado branches so after 30 years of loyalty, I get $70 in service fees and notice that I will no longer have banking outlets with the trusted B o A…..get it? No trust, no bank….they are self-destructing.
Take gloves off, fight. Keep us posted and I will do the same. I am asking for MetLife to now (nearly $1B in punches later) settle with the little people…..US.
Trevor, I’d love to talk to you more. I’m confused on some of the stuff you suggested. Countrywide was taken over by BofA. I’ve asked for loan mods and they denied me repeatedly, even though with a divorce, my income is now half. They say I don’t have a hardship. Finally, I stopped paying. I didn’t pay September or October. Now, Nov 5th, they called and said I was like 5 months behind. BALONEY! And I can prove it. You can read my comment above about how they mishandled my mod packages and how they sent me confidential information for Carlos someone in Florida, over 1000 miles away. I had a broker read between the lines of my contract (that I signed with Countrywide, but was taken over by BofA without any notification), and she found out why I now, after 8 years of PERFECT, ON TIME payments, I owe $25,000 MORE than what I originally did! And they want $80K before they will refinance! Are they on crack? If I’m asking for a hardship loan mod, do they really expect I have an extra $80K lying around? I’m working with a rep (my third or fourth one; the others all quit…probably because they found out all the crap they are doing to people) and even that didn’t stop them from calling me today to say I haven’t paid in 5 months (lie!!!) and they sent a foreclosure notice. I told them to come get it. If I owe $25K MORE than what I did 8 years ago, they will NEVER get their money out of it. I really don’t care. I’d like the bastards to fry though!!!
How can I reach you?
Imanda Waldon
November 6, 2013 at 8:00 AM
Amy, its all a shell game; one department doesn’t know what the other is doing. Get a complete payment history for your loan. You will find bogus charges added to your loan or accelerated interest charges. You really should hire a Real Estate Attorney/Foreclosure Attorney. You case is starting out just like ours. After 18 years of paying on our house, we owed more than the original loan. BOA has a bad reputation. Be careful of loan modification, they will strong arm you and want to put all the extra fees to the back of the loan making it impossible to ever pay your house off. If you received a foreclosure notice, you have only a certain amount of time. You are getting prepped for “Ready, Set, Go”…….you have 20 days to respond and provide your proof. Good luck, be smart, watch the traps! Don’t sign anything they wont put in writing. Get a financial advisor from your local HUD office.
Take your package to the grand jury in your county. Tehy are not lawyers, not bankers, the prosecuting attorney works for them. Let’s put them in jail one at a time 🙂
The news media will not print or report on this scam by the banks…the banks own the media!!! I have filed many complaints against the banks and nothing has ever been done! Our reality, the banks are stealing our homes and the Courts are allowing them to do it….that’s our new world. There have been several movies on this issue, however, they do not get distribution or advertising because the BANKS own them…I speak of the FBI, the IRS, the CFPA, local District Attorney’s and so on…you can’t even get a small town newspaper to print it…we are screwed and that’s just reality…I have fought in California and Florida…it’s the same story in both states…Banks file fraudulent documents to the Courts…ie: Assignments, transfers, no dated notary signatures and all…no matter, the Courts are turning a blind eye…and why? Because the Judges either obtained a 1% interest rate on their own loans or they have their retirement in the “market” and will not go against them…no matter the mounds of proof stating the scam…we are screwed, period!
its happening to me to by BAC scammed me on a loan modification, now bank of new york melon and cwalt r taking my home, my lawyer doesnt seem to be able to do much about it.
Carol…stop paying an Attorney…you’re just helping him/her pay their own mortgage! Most lawyers won’t come on as strong s is needed because they want to remain in good standings with the Judges….plus, no Lawyer is going to put in the time to investigate themselves…YOU need to get the evidence of the forged documents, I have spent more hours than I realized in the Law Library finding the laws the banks are breaking…it’s not easy to do the digging…but no one cares more about you than YOU…Lawyers are dead in the water on these fraudulent foreclosures….Fight as Pro Se and nail the bastards with your own evidence…the Judges surely know and you need to let them know…that you know what they are doing!! Good Luck…we all need things to turn around or we will become a homeless America!!!
I have a website started at http://www.phhmortgagemustbedestroyed.weebly.com where I’m posting files concerning my own experience with USAA, their mortgage processor PHH Mortgage (doing business under 28 other names in Texas), and their foreclosure mill Barrett, Burke, Daffin, Frappier, Turner and Engel. I believe I’m class member #1 in Texas, and looking for other class members. BBDFTE has a patented process (posted on my site) that enables them to process 250-500(?) mortgages per month, from tombstone notice to public sale, in 26 days or so. Their activity exposes their client, and their client’s insurer, to relatively large penalties, whatever necessary legal fees of collection, and requires restitution effort to class members. I hope to lay out the process to a grand jury soon from the viewpoint of organized criminal activity and pursue depositions of all the individuals in the chain. It is still a crime in Texas to steal money or property, and some of these individuals are surprised when I bring up that possibility. Whoever your mortgage processor is, you should make them aware of that.
Under the RICO Act, the BANKS are operating a “continued criminal enterprise”…which is the law that the cops used to bring down the MOB…these bansters are the new MOB and it would take just one District Attorney to file…good luck on finding one:-)
With regards to US Bank assignments, I would review the signatures of the VP. I’ve seen many where they are signed by the Customer Service reps of your servicer claiming to be a VP for US Bank. If you call US Bank’s Trust Dept you will be told Ocwen or Vericrest or whoever does not have a POA to sign these documents, never mind pretend they are the VP of their Bank. You will likely need more evidence as some judges could really care less their is a forged document being presented to their court. I’m sure however if we drew up a satisfaction of mortgage letter and personally signed it Donald Duck as VP we would be lead away in handcuffs in court. Assignments are fill in forms that take less a few mins to complete and 2 secs to be signed properly.
Hi Mark2 I’ve been on a merry go round since 2008..from trust to Countrywide to Wilshire to 3 private investors..just when you gain ground with one they reassign or sell. Investors are not interested in modifications. They have my loan underwater by 40 grand. I am hoping the loss mit will allow me the chance to try to negotiate a settlement. Loss mit is brand new in the Northern District Bankruptcy court. We are guinea pigs for the courts…There are issues with the assignments as well. I’m utilizing every resource I can.
I could collaborate on this movie with you. In Chapter 13 as well Loss mit hearing 10/28 ..mine is now owned by investors as well ..assigned numerous times… It was originally in an MBS trust. . how can you take an apple make juice then have an apple to slice up again…??? Courts allow to fraud day in day out. Good luck!
If you are capable of writing a book, stop hiring attorney’s who just take your money and will not fight the courts in their districts because they want to remain “friends” with the courts! The attorney’s will not fight as you, the homeowner will. Write your own pleadings, Notices and objections and fight these banks on your own. Get it straight…stop giving your money to attorney’s who are using your money to pay their own mortgage payments!! Just a suggestion from another homeowner fighting the corrupt banks in the corrupt courts!!
April 2007 Original Mortgage by First Magnus Financial (out of business)
Late 2007 Freddie Mac acquires mortgage with Wells Fargo as servicer
2008 lost job Wells Fargo with Florida Default Law Group files for foreclosure
Wells Fargo offers Trial Modification Plan, collects 3 months of payments and denies plan.
Dec 2009 Freddie Mac forces Wells Fargo to take mortgage back.
Mortgage sold multiple times with what looks like phony assignments.
Still fighting through chapter 13 and hoping just to get a modification.
Went to chapter 13 modification meeting, big joke. Supposedly new note holder claims to have bough note from Wells Fargo (remember I said multiple owners) they are investors not interested in a modification (my attorney knew that before he scheduled mediation ( but he gets $2000 from trustee for scheduling it) there is no more money to be had so he is asking to be let out of the case) good riddance. Have hired new attorneys and hopefully something good will come out of all this. It seem that everything that could go wrong with a foreclosure, happened to me. I’am waiting to see what happens next. Then I’ll write a book with movie rights.
sorry its your own home that enlightened you, in my case it was an abandoned zombie house I had deeded over to me and WOW same thing as you and now in the hands of Select Portfolio inc. I fought back got mediation no results then made a deal to back off with forclosure mill for peanuts now its theirs. Next time ,well I have ideas.Thanks guys for the help and wow what a scam. Just need to find a few holes in the everchanging plan. Take the crumbs.Fla just changed rocket docet from 7 min.to 5 min whoal better talk fast
We’re awful close to a successful defense of an illegal foreclosure here in Texas! And I retain the house. Details are now public at http://www.phhmustbedestroyed.weebly.com. I’m now looking for resources to pursue the class action, and anyone in Texas who might be a class member. I don’t want your money 🙂
@ Wendy – Since you are in Colorado you are in both a judicial and non-judicial state depending on the powers of the ‘trustee’ of your mortgage, if there is one. You need to act right away as once the sale is set and consumated it is final – you have no right of redemption in Colorado. I found a site that may be of assistance if you have not already found an attorney to represent you. http://www.colorado-foreclosure-defense.com/foreclosure/
If they can’t help I am sure they can recommend one since they are strictly defense attorneys in foreclosure meaning that they only represent borrowers defending foreclosure cases.
The outcome: , after much fighting 2 lawyers a lot of continued stress and heart ache , it has come to an end we could not afford to fight anymore after losing jobs , caring for our daughter disabled and marital stress, auto accident not our fault left with injuries. We like they continued to say signed the paper ( to reluctantly avoid future costs) we will now be most likely homeless.
Lawyer recommended to take the deal, we now found out they never had the note. (but we signed the deal) hoping things would get better.
It seems they neglected to tell you that most rentals now our owned by some of same and now your credit check fails ( so much for that) the reason I am writing this is most likely we should have kept fighting but our bank account could not afford to do this anymore, or emotional strain , physical and mental stress, We feel defeated and heart broken and on we go.
I’m not a lawyer, however, it seems to me that if they coerced you into a deal, and you find that they never had standing in the first place, that the “deal” can be rescinded and should be. I may be wrong about this. I want to know where the hell “breach of contract” went throughout all of this…just a thought. From all that we have experienced, the only ones that can be sued for breach of contract seem to be homeowners; however, when the shoe is on the other foot – no harm no foul.
GO TO YOUR LOCAL NEWS STATION
WRITE A BREIF OF THE DOWNWARD SPIRAL,
A SIMPLE STORY STRAITE TO THE POINT A SNAPSHOT, ATACH FAMILY PICS, RICHES TO RAGS, CRONILOGICAL ORDER AND DO ME A BIG FAVOR SEND IT TO EVERY NEWS TV, STATION DR.PHIL, OPRAH, ELLEN ECT….. THEY WILL FEATURE YOUR STORY CLASSY NOT TRASHY, WE HAVE A NEWS STATION 7ON YOUR SIDE LOCAL REAL PEOPLE STORIES, STATION. WATCH, IM SURE THERES ONE IN YOUR AREA. LOOS THE LAW SHARKS, SHOULD ALL BE ON A CONTINGENCY BASIS YOU WIN YOU GET PAID!!!
GOOD LUCK SOCIAL MEDIA — USE IT! MY EYES ARE BLURY AND LIKE YOU IM PISSED
IVE HD 32 SURGICAL PROCEDURES IN 10YRS AND NO WELFARE FOR US SO CALLED MIDDLE CLASS, NONE LIKE YOU, NO MATTER WHAT YOUR STORY IS BIG OR SMALL ITS YOUR FAMILY DREAM AND SHOULD REMAIN PRIVATE, SO GO AHEAD AND SAY REMEMBER WHO BUILT THIS COUNTRY US THE PEOPLE THE GOV. MEDIA IS SUPOSE TO WORK FOR YOU AND I STAND YOUR GROUND HELP IS AROUND THE CORNER OH LUCK IS WHEN OPORTUNITY SHOWS ITS SELF AND ON ACTS ON IT!
PRAY TO WHICH EVER HIGHER POWER GOD POSSATIVE LUCK WILL PRESENT ITSEF TO ALL AMEN!!!!
“They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.”
This speak only to the void ab initio aspect as a trespass and that this only explains that the judgment is of no account, but does not in any way allow you to sue the judge – prove me wrong by filing a lawsuit against any judge and the attorney representing the judge will automatically have his motion to dismiss granted on the basis of absolute judicial immunity for judicial function, but if the lawsuit alleges an administrative act as something for which a claim can be sustained then the judge would not have this immunity and the lawsuit might proceed.
Also
“The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.””
This also does support a lawsuit against a judge, but that perhaps another individual in some other state capacity might be sue and lose if your lawsuit has merits, such as when someone acts under color of law or if the person is a police officer that makes a false arrest or a prosecutor provides advice and is not involved in a judicial function and that advice does you harm or injury to your rights or property and the case could be filed as a Bivens action under 42 USC 1982 and most of these are dismissed, especially when it is a layman trying to prosecute a claim and fails to state a claim upon which relief can be granted as subject to dismissal sue sponte by the judge before any motion to dismiss is filed by the defendant and I can direct you to some of those cases on Pacer or Findlaw.com to read how the plaintiff fails and the defendants never are held liable, because the plaintiff/victim does not understand how to state the facts and apply the law to the violation.
If I were to file a criminal complaint in N.J. county against a judge for lying (or perjury) in a summary judgment that was granted to plaintiff, he not have immunity ? By stating that the plaintiff presented the original documents at the hearing when in fact both the judge and plaintiff’s attorney know that is not true. Its in the court transcript. The judge only stated his fact in the Order.
I am looking to find out whether Shequita Knox (believe she is actually a Chase employee, seen her listed as Senior Operations Manager) and Angela Ruth Payne (Notary) are listed anywhere as robo-signers for Chase. I have found a few documents which Shequita Knox has signed but unable to find her name on a list of robo-signers. She shows up on some documents with a known robo-signer Miranda Avila. She has signed documents as Vice President of MERS, A few different banks; as well as Chase and FDIC (Attorney In Fact). I have found a few court cases that Angela Ruth Payne shows up in but no other documents with her signature on them. Also looking for Douglas Theener, who has signed as the VP of Chase. I spoke to a local Chase and was told he is actually just a foreclosure specialist out of Ohio. As a side note, is anyone else on here dealing with Northwest Trustee Services?
Shequita Knox work in chase office on Kansas lane in Louisiana. I spoke with her but they trained her well and she transferred me to her supervisor. The supervisor would not answer any questions. She signed as a witness on one of my documents Leshonda Anderson signed as VP when I spoke with her she told she gets paid to sign papers and answer phones. Do not waste time speaking with Chase as they are all liars. I pay my lawyer very well to fight them. It has been 2 years and chase will not produce any documents and they are in violation of a judges order to produce. I will look through my docs for there phone numbers and post when I have some more time
Tricia
September 24, 2013 at 9:39 PM
That would be nice to get phone numbers. I have actually been calling local Chase Banks to get contact information on these people. The local Chase was nice enough to locate them and tell me what their actual titles were. Yeah, I am very aware of their call center tricks.
Ok everyone, here is the winner!!!! Penni
A friend of mine sent me this link a few minutes ago…WOW! Even if you don’t know anything about MERS or don’t own a home (anymore) you DO know someone who has been or is being right now affected by this corruption. This is breaking news that WILL change this whole system…..
Please share widely, MAKE THIS GO VIRAL THIS WEEKEND! Post on your FB pages, your blogs, EVERYWHERE!!!
here is mr cox. he is In Illinois with jpm securities. has nothing to do with mortgages according to his profile
Compare product features, ratings and reviews at FindTheBest.com
All Categories
Related
JoinSign In
Home»Business & Finance»Financial Advisors»Detail
EMBED
John Cox
Bio
Employment
Education
‹ See all Financial Advisors
Last edited Aug 31st 2013 by FindTheBest
John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
John CoxFinancial Advisor in Carmel, Indiana
Save Write a Review Edit
Firm: J.P. Morgan Securities LLC
Individual CRD #: 6150838
Be the first to review
click stars to begin review
Bio
Employment
Education
Professional Bio
Overview
Current Office Employment 12/27/12 – Present
Firm J.P. Morgan Securities LLC
Find J.P. Morgan Securities LLC Advisors
Independent Contractor
No
Types of Available Compensation Arrangements
% of Assets
Performance Based Fees
Fixed Fees
State Registrations
Employment Details
Current Investment Advisor Firm*
Investment Advisor Firm J.p. Morgan Securities Llc
Total Assets Managed $43,630,213,339
Number of Advisory Clients 100+
Average Account Balance $190,920.13
Firm Client Breakdown
Individuals
Other
Pension/Profit Sharing Plans
Pooled Investment Vehicles
Investment Companies
Insurance Companies
Corporations/Business
High Net Worth Individuals
Charities
Current Broker Dealer Firm*
Firm J.p. Morgan Securities LLC
Registrations Government Securities Broker
Registered Broker Dealer
Work History**
Firm
Location
Start Date
J.p. Morgan Securities LLC Carmel, IN December 27, 2012
Education
Financial Exams
Financial exams passed or failed. Premium content requires login. Registration is fast and free.
Exam Code
Exam Date
Grade
Series 63 March 04, 2013 Passed
Series 6 February 22, 2013 Passed
Looking for a Financial Advisor?
Find An Advisor
Advertisement
Contact Info
Current Office Address 14801 U.S. 31 North
Carmel, Indiana, 46032
United States
John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
14801 U.S. 31 North
Carmel, Indiana 46032
Map Data
Terms of Use
Report a map error
View a map of all Financial Advisors
Find Out More about this advisor
Other Advisors in Carmel
Full Name
Firm
Jones, Tammy Charles Schwab & Co., Inc.
Little, William Lpl Financial LLC
Snyder, Bruce First Heartland Capital, Inc.
Fish, Sarah J.J.B. Hilliard, W.L. Lyons, LLC
Johnson, Carol Gwn Securities Inc.
More Advisors in Carmel »
FAQ for John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
›Which Investment Advisory Firm employs John Cox?
›What states is John Cox, advisor at J.P. Morgan Securities LLC, registered in?
›How can John Cox, advisor at J.P. Morgan Securities LLC, be contacted?
*The employer information pertains strictly to the firm of which the individual is employed. Because many of these firms provide a variety of products or services, the individual may or may not be registered to operate under all services provided by the firm.
**Please note that the IAR is required to provide past employment information only while registered with an investment advisor firm and the information is not updated through Form U4 after the IAR ceases to be registered. Therefore, an employment end date of “Present” may not reflect the broker’s current employment status.
Was this page helpful?
Yes
No
Company
About
Contact Us
Blog
Press
Partner With Us
Businesses
Advertisers
Jobs
Team
Content Policy
Privacy
Terms
@ Hammertime – you are absolutely correct about this particular case in Arizona, but it has little effect on those outside of Arizona. I am in Florida. Are you in Arizona? This is a great basis by which to use in Florida under another similar statute where you can prove ‘no standing’, but unfortunately, our courts are not as easily convinced as this Arizona court. You asked if I had a reference number in my case on a previous post. I’m sorry but I don’t quite understand your question. We are issued case numbers in Florida, so is that what you are asking?
Actually, I’m in CA but as with Glaski case here hopefully we are seeing a trend where more common sense is being applied. I thought I read about cases where banksters are continuing to robo-sign etc while saying the payoff of settlements means case closed. May be what I’m seeing with Chase and I thought I’m might be good to review your case and how they treated docs and signatures. I was thinking I could look up on PACER. Thanks!
WHere is the immunity trillionsof dollarsoffraud? , when
Pursuant to United States Supreme Court Case of Elliot v. Piersol
“Under Federal Law which is applicable to all States, the US Supreme Court
Stated if a Court is ‘without Authority. its judgments and orders are regarded as nullities.
They are not voidable but simply void and form no bar to recovery sought, even prior to reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentence are considered in law as trespassers”.
I am signing off now and so can not leave any more replies today, except to say that I do not know why you posted your reply here as it is out of place to my reply to your question and that from your reply above it is apparent that you do not know how to read court opinions of quotes taken out of context, which is a mistake that so many people make, including attorneys that I have fought against in court. I do not mean this as any sort of insult and please take this as constructive advice to learn how to read opinions usually requires that you read the whole opinion to comprehend the real purpose of what is stated therein. You are mixing up apples and oranges somewhat. Wish you the best in your learning curve as I was once just as perplexed by having such impressions that took me many years to overcome some bad teaching by pro se or unlearned individuals that were very enthusiastic and many time opportunist out to just rip off the ignorant that have no formal college education in law that takes years to master even a small part of. More important than anything is to learn the rules of the court and read annotative versions of the rules before thinking that you can play the game. Pray this helps and is constructive and not destructive to your circumstances and reason for being involved as most others just stick their heads in the sand.
On August 31 2013 at 4:30 PM the following message board email showed up on my email page
New comment on Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge
trillionsofdollarsinfraud commented on Message Board.
in response to marilyn lane:
Trillionsofdollarsof fraud- How would this work? what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date
So I replied to you.
I never pretend to be a judicial scholar but I do know what Elliot v. Piersol
refers to when it deals with Void ab initio Judgments.
A judge has no desecration but to mark vacated a judgment signed
in a state court during the time the case as under Federal Jurisdiction.
That is exactly what Elliot v. Piersol states, if a judge goes beyond
his or her authority they are trespassing. Trespass has no immunity.
Judge or kangaroo.
at trillionofdollarsoffraud
I can see why you are upset that my reply to your August 31st post to me, is overlapping with your present discussion but that doesn’t mean I don’t know how to read the court decision of Elliot v Piersol and judges immunity—see belowCASE LAW ON JUDICIAL IMMUNITY
Judicial immunity does not exist for judges who engage in criminal activity or aid and abet in criminal activity. The United States Supreme Court has stated that “if a court is without authority; its judgments and orders are regarded as nullities.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828). http://supreme.justia.com/us/26/328/case.html They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.
The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis added] See Scheuer vs. Rhodes, 416 U.S. 232, 94 S.Ct. 1683 (1974). http://supreme.justia.com/us/416/232/index.html
The recent Arizona appellate court decisions, Stauffer and Huff, are significant because Arizona’s federal district courts had been regularly dismissing homeowner claims for false recordings on the pleadings, claiming that the statute 33-420 did not apply. When reviewing issues of state law, the district court is charged with determining how the Arizona Supreme Court would interpret the state law. Now we know how the Arizona appellate court interprets 33-420, and it isn’t the way the district courts were applying it. Here’s an excerpt of a motion I wrote back in Sept. 2012, asking the district court to either reconsider dismissing my client’s 33-420 claims on the basis that the statute didn’t apply to these types of documents or this type of homeowner, or certifying the legal question to the Arizona Supreme Court:
The claims relate to false claims of interest, not to “show me the note,” but despite the disparaging label, one thing is clear: parties cannot run around making false claims to collect from borrowers when those parties do not own the loan. As a Texas district court recently put it, “Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” Miller v. Homecomings Financial, LLC, 2012 WL 3206237 at *5, __F. Supp.2d __(S.D. Tex. [Hous.] 2012)(denying servicer’s motion to dismiss).
Finally, the Court erred in accepting Defendant’s facts as true on a 12(b)(6) motion, instead of reading the Plaintiff’s allegations and the plausible inferences therefrom as true, the appropriate legal standard. Plaintiff pled that Defendant did not own the loan, and that the Plaintiff was not in default to Defendant. Yet the Court adopted wholesale Defendants’ allegation that Plaintiff was in default, stating “[a]t some point, Plaintiff defaulted on the note, and a Notice of Trustee’s Sale of the property was recorded . . .” (Doc. 11, p. 1, line 22).
A. Plaintiff’s Claims Do Not Derive From Arizona Supreme Court’s Definition of Show-Me-the-Note.
In Hogan, the Arizona Supreme Court narrowed the definition of “show me the note” espoused by the district court. See Hogan v. Washington Mutual Bank, N.A., 277 P.3d 781, 782, 783 (2012). The Court specified that a “show me the note” case is a plaintiff’s claim to relief based solely upon the defendant’s failure to show the note prior to “commencing a foreclosure,” without affirmative allegations that the Defendants lacked an enforceable right in the note. Hogan v. Washington Mut. Bank, 277 P.3d 781, 783 (Ariz. 2012), as amended (July 11, 2012)(“But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed.”). As an ordinary part of the procedure, the non-judicial foreclosure statute does not specifically require that first—“before commencing” a sale—-that a foreclosing party show the note. The Court never said that when a Plaintiff pleads evidence showing that a foreclosing party lacks authority to foreclose, that it can never be raised under any legal theory. That would be nonsense.
The Hogan court pointed out what was missing from the Hogan Complaint: (1) “Hogan does not dispute that he is in default under the deeds of trust and has alleged no reason to dispute the trustee’s right.” Hogan, 277 P.3d at 784. (2) But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed. Id. at 783. (3) Hogan’s complaints do not contest that each sale was noticed by a trustee who had recorded an instrument demonstrating that it was a successor in interest to the original trustee. Id.
Unlike Hogan, which was a wrongful foreclosure case, this Complaint alleged false statements in the recorded documents. PLAINTIFF is not in default to these Defendants because none of these Defendants is a valid “beneficiary” under A.R.S. §33-801(1) or a valid “Lender” or successor as defined by PLAINTIFF’s Deed of Trust.
Also, as Hogan mandated, PLAINTIFF pled affirmative facts showing material falsities in the recorded documents which challenge the beneficiary’s identity and authority, and the identity and authority of the trustee.
Defendants’ recorded transfers were plainly false. PLAINTIFF pled how the Note was transferred from TBI Mortgage Company to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008. The Deed of Trust is presumed to follow the note. Vasquez v. Saxon Mortgage, Inc., 228 Ariz. 357, 266 P.3d 1053 (2011). Consequently, the December 19, 2008 Assignment (“First Assignment”) directly from TBI (who had divested its interest years before) to Deutsche Bank was false, even if the signatory had authority and worked for the alleged entity she signed for, which she didn’t. The Second Assignment, in July 7, 2011, again tried to transfer TBI’s interest to Deutsche, via MERS. Again, TBI had already divested its interest. Finally, the Corporate Assignment purported to transfer an interest in the Deed of Trust from MERS to Wells Fargo Bank on July 19, 2011. (Compl. ¶ 26).
If the Note was validly conveyed into the Trust where Defendants claim that it is, then it went from TBI to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008 pursuant to the agreement that formed the Trust. (Compl., ¶15). Otherwise, it was not validly in this trust. These facts show why the documents recorded by Defendants, evidencing a purported transfer of the beneficial interest via the First, Second, and Third Assignment, were false.
The transfers of interest are integral to the beneficiary’s claim of authority Only a beneficiary as defined by the statute—to be strictly construed—could validly appoint a trustee, and this could only occur “after a default” in the contract secured. A.R.S. § 33-807; Deed of Trust ¶22 (only a “Lender” can order the power of sale, and only after a default to the “Lender” occurs). If these interests are false, as PLAINTIFF alleges, then PLAINTIFF has pled facts that contest the beneficiary’s identity, authority, and interest, and contest that the sale was noticed by a valid trustee, or that the trustee had an order to exercise the power of sale from a valid beneficiary. (Complaint ¶28).”
Thanks Mark. My foreclosure is with Chase and I have been looking to see if the name, John Cox, is anywhere out there as a robo signer. I doubt if any of the names on your list for US Bank would list this John Cox name. Can’t find him anywhere in Chase, but then again, the name in itself is so common. I rather think they made up this name just for that purpose!!!
Bobbi this may help. Look up John James Cox of JP Morgan Chase. Remember JP Morgan purchased Chase Bank. This link confirms a John James Cox worked or works for JP Morgan http://financial-advisors.findthebest.com/l/573163/John-Cox This may just be something to follow-up with regarding John Cox.
I don’t know if you have already done this or not but when I was actually trying to locate information on the couple of people that signed documents for us with Chase, I called a local branch gave their names and asked for contact information, location, what position they held etc. I have had a similar problem trying to locate anything on Douglas Theener, who was supposed to be a VP but when I asked what position he held I was told he was just a foreclosure specialist. It almost appears some of these people signing documents for Chase are non-existent. Also, have you looked up the notary that signed and stamped the documents John Cox signed? That might actually we have had better luck with finding stuff on the notaries.
I re-read what you said back to Mark about John Cox being from Chase so he wouldn’t be on a list for US Bank. I wouldn’t be so sure, I have documents signed by a Shequita Knox as VP for Chase and have found things where she has signed for MERS and other banks. Just a thought.
So, we keep the Mark’s separate, I’ll be Mark2. Many of us seem to have the same forged Assignment issue. You would hope that the Courts would view it as fraud brought before them but very often they just don’t care. Their bottom line is you owe a mortgage. There is a website; I’ll try and find it, that does list current robo signers who are not VP’s of the banks, etc signing. In our case the Customer Service rep from the Mortgage servicing Co signed one as VP for US Bank. We’ve had 7 assignments done in 18 months. None appear properly executed. Hopefully you find a judge willing to listen to this debate but usually all it does is delay the end result; which is paying.
@ Cheryl – well, since you filed for BK protection while or during the foreclosure, that is totally different than someone who is not in bankruptcy court. Once you file bankruptcy (and it depends on whether it is a 7 or 13) the courts are battling both from the bankruptcy court and then in civil court in the foreclosure. That’s not comparing apples to apples.
I have to disagree Mr. Swan. We went into bankruptcy not out of need, but to give us time to figure out where the bank thought they had a right to put us into foreclosure (our attorney’s idea); it was when the bank filed their “claim” that we discovered the forged mortgage. We were afforded no protection (outside of time to figure this out) by the Bankruptcy court. The Bankruptcy court avoided the mortgage due to the forgeries, however, they then tried to sell the avoided mortgage back to the defendants, so that they could proceed with the originally planned foreclosure.
We went to the US District court (twice) and to the US Circuit Court, winning all three times and finally were awarded the mortgage void-ab-initio and no equitable mortgage. That took seven years. I don’t care where you are fighting your forgeries it is no cake walk. Don’t make the assumption that just because someone chose to fight it through bankruptcy court that they are there because they couldn’t pay their bills. Fighting forgeries, in any court, state or federal is going to be daunting; straight up.
Wendy Maunu
September 5, 2013 at 10:49 PM
I filed Chapter 13 after being put into foreclosure. I was told if I was 90 days behind Chase would modify my loan – surprise – they didn’t even notify me – just stopped taking my calls and I found out from the county. They tacked on all sorts of attorney, etc. fees, which made it impossible to get caught up, so I paid all that back through the Chapter 13 and thought I would have a fresh start. Five days after my Chapter 13 was released, Chase started telling me I was in default. They did not apply an escrow shortage payment I made during the Chapter 13, and also did not apply one of my monthly payments, even tho they cashed my check and then sent “Intent to Foreclose”. I was with Wamu at the beginning of all these years. I need to find someone to help me with this. My bankruptcy attorney has contacted Chase repeatedly, but this is not her area of expertise. I know it will continue to be difficult, but I can’t just let them take my house.
@Wendy Maunu – We paid over $50,000 supposedly to our principal only to owe $10,000 more on our home when our discharge occurred and they took a car, that according to our trustees report was paid off plus an additional $1,100. The one thing that we discovered throughout this mortgage fraud is that the bankruptcy court, for one, is mainly the creditors friend…not yours. Another thing is, that lawyers versed in bankruptcy, are not well equipped to handle these types of frauds and the banksters know that. We were fortunate enough to have a friend that was a bankruptcy attorney that was willing to take on the forgeries…however, none of us ever dreamed that it would turn into a seven year trip through judicial purgatory. We are now at the stage where it is time to pay the piper…however, it took me three months to find a reputable firm, that didn’t make the ignorant statement as to the fact that “we won the house”…I am not sure as to legal representation in Colorado, however, I am connected with many fraud and forgery victims across this country…I have a Facebook page called Share Your Story of Mortgage Fraud (https://www.facebook.com/ShareYourStoryOfMortgageFraud), that is one of the places that I connect with other victims such as yourself…it’s a good start…don’t reinvent the wheel…and by all means fight. You are not alone
@ Mark – WHAT signatures? Do you have a site address that lists various recognized robo signers? I would definitely be interested if you have such a list or site.
Bobbi I have learned to question everything. I believe what I have found could support a class action lawsuit against US Bank which is trustee to many Mortgage Backed Securities. It can put ALL of their Assignments and Transfers into question. I am willing to email what I have to anyone willing to help me. Thanks!
macy
August 30, 2013 at 3:00 PM
Have you researched who gets the biggest pay-out in a class action suit?
Mark
August 30, 2013 at 3:03 PM
I know it is the attorney’s, but many homeowners win their properties then the effort served its purpose.
Dawley Hills
October 19, 2013 at 12:03 AM
I too am going up against US Bank I would appreciate any info you have on them and I am willing to share the info I have.
@ Cheryl Sutter – In the state of Florida, robosigning is a big deal! According to your example, for instance, if you had a property that was held by a corporation and the deed transfer was signed by a secretary instead of an ‘authorized person’ of the corporation, then the deed itself is legal? Wrong!!! Same goes for persons signing mortgage assignments, satisfactions. If the person signing is not authorized to do so, then the document itself is fraudulent. Having it recorded, makes it fraud upon the courts. The bankstas are not stupid enough to try to forge actual notes and mortgages….but they do robosigning to try and ‘fix’ gaps in title, which in the proces of chain of title on a property cannot be done. You can’t go back in time and replace a document to make the chain ‘connect’. That robosigned document just may prove no standing in his case and have the foreclosure dismissed. Whether it’s dismissed with or without prejudice is up to the judge, but a pot load of proof of fraud included in the motion(s) against the plaintiff (banksta) would go a long way in favor of the defendant. My best advice is to keep on fighting the courts; and don’t give in!!! Like you, Sheryl, I am in my 7th year with my battle and thus far Chase has not been able to provide proof of standing….
I do understand what you are saying, however, going on what we have experienced as being the victims whose signatures were actually forged, it was, by the bankruptcy court to be considered no big deal. Now, if actual homeowners signatures being forged is met with such aggression, I can only imagine what someone claiming robo-signing will have to go through. I agree that it is all illegal, my only point is that you need to make sure that your case is solid and be wary of the laws that will be used against you, terming you a deadbeat; and being backed up by the courts. My heart goes out to you…no one should ever have to go through years of judicial litigation when the crime is so obvious.
We won an avoided mortgage against US Bank (Sutter vs US Bank) via US 6th Circuit Court on 01-04-2012 (www.ca6.uscourts.gov/opinions.pdf/12a0001p-06.pdf)…we are now going after judgments received as tokens (they never thought we would be able to go after and collect) during our case. At this point, we have not received proof that the note was ever assigned to them (US Bank/Ocwen)…I will gladly share anything that I have if it helps…
Macy when you see these signatures ANYONE and I mean ANYONE will see they are forged. I do not know what your professional experience is but i could show you them. Let me know.
macy
August 30, 2013 at 2:52 PM
Mark- would it not be prudent to have a forensic doc. examiner determine that forgery and enter it into evidence? Are you or a person making such allegations qualified to determine the authenticity of those signatures? Wouldn’t you want your evidence authenticated?
I am looking for help with what should be my next step. I have documented proof that the US Bank representatives signature on a “Assignment of Mortgage” is FORGED and the document was notarized. The “Assignment of Mortgage” goes in front of the judge on September 17, 2013. I have documented proof that US Bank is having individuals sign “Assignment of Mortgages” on behalf of a bank representative and then having it notarized by ROBO notaries. I have the documents to PROVE what US Bank is doing. Please help
Being someone who has survived forgery issues (Sutter vs US Bank); I can tell you that as homeowners, whose actual signatures were forged to the mortgage itself, it was a seven year battle; and that was after we got the avoidance because the bank and court felt that the bank was entitled to an equitable mortgage. We won, however, I guess my point in all this is, if the forgeries are not of your signature(s) then your chances of winning are most likely nil. My suggestion, is that you have all the assignments reviewed and look for other discrepancies that may be evident, but don’t get all fired up about the robo-forgeries.
Mark
August 30, 2013 at 1:18 PM
Sheryl.
Thank you for your response. My only thought is that in my case the bank is trying to show Cause and Standing. But, they are using forged signatures to do so. If the bank can not show Cause and Standing then they have a problem. Correct?
You would think that; however, you will have to have stone cold proof and you will be amazed at how they twist the laws to conform to their way of thinking. You see the thing with robo-signing is that is an in-house deal…although highly unethical, it doesn’t put the banks interests at risk. It would be like going to the local city hall to get a building permit and the secretary, instead of the department head, signs the permit. You still have your permit; she may get chewed out, but it doesn’t change the legality of the document…if that makes sense.
I would personally recommend spending your time trying to work thru the issues keeping you from being current and try as well and negotiate with whoever is making claims on your mortgage. Going before a judge and telling him or her your mortgage title is clouded or the assignments fraudulent often falls on deaf ears. Judges hear the fact that your behind and they really could care less as to who the balanced is owed. Set your normal payment aside in an escrow account if needed, but show your making some attempt to get back on track.
I’m in the same boat with deceptive/fraudulent responses on QWRs and posible clouded title. I’m seeing DIY/preview reports done for $250-$300 and full packages to $2,000 range.
Thanks for the info re: prices. Not sure what it will run me but I will post when I find out. Do any of you know whether it helps to have this prepared by a licensed title company? Or whether they even prepare this kind of analysis? I contacted the title company we used in the past when buying a home but they had never heard of a COTA — which started to make me nervous as to whether a COTA is legitimate.
hammertime
August 27, 2013 at 6:21 PM
They are more often used on the commercial side although you would think it would be part of due diligence for any supposed title insurance. My understanding is it’s good to have a third party/professional certification when you get to court stage. On the other hand if you still have time and are trying to get them to the table you can try it yourself. I did tech support for a property records company and basically you list every recorded document and make sure they all line up by dates, parties, legal description etc. You can google online property records and can view images without paying in some cases. Could be enough to get you going. When you’re dealing with alot of files and different parts of the country or going back alot of years is when you really need an expert. Then again someone that knows how a particular county works can pick up something that lay person may not.
The info that my servicer has provided through a 3 QWRs I’ve sent over the past 3 years is contradictory to what’s available in public record. We would argue that the title is clouded based on that + the COTA and *hopefully* this would inspire some form of negotiation. I suppose I’m just grasping at straws before we enter foreclosure proceedings.
Hey all, I have discussed the possibility of going on the offensive with our case pro se, with guidance from those with knowledge of the law and those who have done it before. We have not been served yet. I wanted to ask if any of you have ever created (or paid for) a Chain of Title Analysis?
@K.B. A chain of title analysis or “Securitization Audit” as I refer it can be effective but it really depends on how you intend to utilize the information.
@Mark asks “To prove what?” and that is a great question because the audit should answer [or raise] a specific question that will aid in your defense of the foreclosure action. At the moment you make it clear that there is no such action commensed.
Here’s what happens. Many homeowners are sold an audit report and are told is a legal document. They rely on ambitious representations in the report and make claims against the “bank” in court. As @Mark also says.. those claims fall on deaf ears.
In order to conduct the audit, one should have a solid understanding of how your courts, appellate courts in particular have decided the specific issues your raising with the audit. Audits are useless if it’s done blindly.
For example, Some states view the homeowner as a non-party in the foreclosure action therefore the audit would be fruitless even if your audit proved murder.
Other states courts have the decided key issues that make a securitization audit worth while. As for the county records that you mention in your post, keep in mind the audit does not focus on land records.
I do agree with your general view that the COTA may offer you leverage to obtain a loan modification but I would hestiate to say that it has a specific use with loan modifications.
I’d be happy to take a look at what you got to see if there is a context in which you may prevail.
NEED A GEORGIA FORECLOSURE ATTORNEY (ATLANTA AREA -NORTHERN DISTRICT)
I have been fighting Chase and their attorneys pro se.
I my latest Answer to the court, I provided proof of possible criminal behavior by the foreclosure mill attorneys.
Their latest move was to replace the “regular attorney” with one who specializes in RICO fraud.
Quite telling.
I need a good Foreclosure Fraud attorney in Georgia (non-judicial f/c state)
Any suggestions would be greatly appreciated.
Thanks in advance.
Yes, represented by attorney and yes, we have contacted Trustee. No reply yet. MOC was 1 month after filing and creditors DO NOT have to attend, they have an additional 90 days to file a claim which was 8/4.
There is a 6 month review 10/4 as well currently scheduled.
Reminds me of when I tried to cash my measly $2,000 “audit” check with Chase and they wouldn’t cash it because I didn’t have a checking account with them even though my mortgage was supposedly with them. Maybe because it actually isn’t?
Yes, but what if no claim is filed? Only a “Notice Only?” I’ve been waiting 4 months to dispute the actual legal secured creditor as well as the inflated 15K balance. Believe it or not payments are automatically sent by the trustee BEFORE this is resolved.
Are you represented by an attorney in this Bankruptcy? Have you contacted the Bankruptcy Trustee/Judge? Has the date for the “Meeting of Creditors’ been set yet?
I think we may have something incommon I liked your answer you obviously know the language
That tells me you may indeed come out swinging and I can;t blame you for getting a rise out of
the messege board you could even have a sense of humor who knows?
Hammertime I have signed a settlement agreement with the forclosure mill it states 500 dollars upon signing and 2500 upon final judgement I have yet to receive my 500.They are in comtempt as we speak for not unlocking my property.I have been waiting for a month for the 500 whos to say they will pay me at all? I am leaning towards a letter and copy of the agreement at least so theres one in the file and request for payment in full at the hearing to take it to the steps. Or if I really get P.O.ed another motion to dismiss for contempt,dishonest dealing and of course promossory note.
Yes they have to file a Proof of Claim (Form B10). Though just because they file the claim doesn’t mean they are the true, legal secured creditor.
JPMC Chase filed a Proof of Claim as the ‘Successor in interest to Washington Mutual Bank’…which is common knowledge now that they were NOT the ‘successor in interest’.
Can I safely assume that although the foreclosure action in the Glaski case is venued in California the trust in question was formed in New York State? I’ll look for it. However on that case premise, it appears that it the trust is active at the time the transfer occurs then the homeowner would have no potential for remedy.
Secondly it’s my understanding that these SPV’s or Special Purpose Vehicles which can typically be the legal structure of these trust don’t enjoy much tax exemption in the first place. It’s almost a tradeoff for the benefits that come with being an SPV. Not an expert on these financial models but I would suppose that if there were no appreciable tax benefit for the “trust” or SPV to enjoy, can a late transfer then survive a challenge on the Glaski case grounds?
I still think challenging the transfer in a non judicial setting can be most effective in a bankruptcy venue.
@ DocsToWork, You have several flaws in you post. There is a lot you have not understood correctly about the REMIC Trusts.
That trust had CLOSED by the date of the attempted transfer. All of these late transfers are ones that do NOT conform with the IRS TAX Code. I believe there is a SUBSTANTIAL PENALTY on the REMIC if it were to loose the REMIC tax status. It may be a 100% penalty.
What the Judges said in that NON-BK case, is that if the transfer would be VOID (as it would be in Galinski), then the courts have got to hear the case.
Your understanding of SPV’s does not match with the restrictions on REMICs under the IRS Tax Code and under NY Trust Law.
The REMIC trust has only a certain number of DAYS to get the loans transferred in. After that (usually 90 day) time-frame, only REPLACEMENTS of DEFAULTED loans can occur. That means loans that are ALREADY IN the trust when they default, can be swapped OUT and replaced by a loan that is NOT in DEFAULT.
The trustees for the REMIC Trusts are also NOT to take any ALREADY DEFAULTED loans for transfer INTO the trust at ANY time.
So for TWO reasons, under the IRS CODE and under NY Trust Law, these transfers are VOID.
Your premise about the ‘SPV’ still ‘existing’ at the time of the attempted transfer is not the way the laws read. The banksters would love it if your understanding were true.
In CA, the BK court can indeed be the best place to fight these bogus transfers. But I am starting to see hope with both the Appellate court ruling in Glaski and the San Diego court that ruled in Johnson v HSBC, allowing the PSA to be brought into the argument due to IRS code that was being cited that differentiated it from ‘Gomers’, which is a San Diego fiasco.
I have not signed a release or deed as of yet. They just dont want me to go to court. Probably because they never gave me my keys as was agreed upon at mediation this is an on the side deal with the forclosure mill.. When I email the greenhorn esq. assigned to me it doesnt seem like he has ever seen the file..He says hes trying to get me my money and is having trouble with his client. 1st bank N.A. fka Bank of america fka Lasalle fka M.I.M.L. trust.
Am I getting scammed if it has not gone through the court?
Major effort to outsource servicing – workaround of the “problem” of whistleblowers? BoA, Chsae, others involved in advising the deal. Any bailout, other public funds used? Ask your Congress person and the Obama administration or just complain how ANTI-American Wall St crooks are.
“InformationWeek, July 30, 2013
________________________________________
Lender Processing Services, a leading provider of innovative technology, services, data and analytics to the mortgage and real estate industries today announced the opening of its mortgage technology services facility in India. The company handles about 50 percent of all U.S. mortgages by dollar value.
…“LPS, as a market leader in mortgage technology in the United States, has a unique edge that translates to numerous opportunities for employees in India,” said Casey Williams, senior vice president of LPS’ Global Delivery Services. “We anticipate tremendous growth in the next 3-5 years, as well as the chance to work on emerging technologies that will leverage the TALENTED PROFESSIONALS and infrastructure in India.” emphasis added
And…
it is not enough to say “where is the note?” but it IS enough to say “if the note is with A, then how can B foreclose?”
this foreshadows the on-rushing death of DeBrunner…
“The court then stated: “In Barrionuevo v. Chase Bank, N.A. (N.D. Cal. 2012) 885 F.Supp. 964, the district court stated: ‘Several courts have recognized the existence of a valid cause of action for wrongful foreclosure where a party alleged not to be the true beneficiary instructs the trustee to file a Notice of Default and initiate nonjudicial foreclosure.’ (Id., at p. 973). We agree with this statement of law, but believe that properly alleging a cause of action under this theory requires more than simply stating that the defendant who invoked the power of sale was not the true beneficiary under the deed of trust. Rather, a plaintiff asserting this theory must allege facts that show the defendant who invoked the power of sale was not the true beneficiary.” (Glaski v. Bank of America, slip opinion at page 17; italics added.)”
From: Charles Cox [mailto:charles@bayliving.com]
Sent: Friday, August 2, 2013 6:40 AM
To: Charles Cox
Subject: Getting Glaski Published – 20 days to do it
As many as can muster a request, please send a request to get this case published. Example is attached as well as the opinion. Authority and instructions are per CRC cited below:
CA Supreme Court Glaski v. Bank of America CA5, F064556.pdf
Skov Publication Request.pdf
My servicer is Ocwen & Freddie owns my loan. I’m 2 to 3 mos behind & now re-setting the foreclosure review letter month to month now with my payment.
Problems started after we bought a new house in ’07. We planned to re-fi immediately after selling the previous residence. Well, we got STUCK with our old house for 4 years & lost over $40k trying to carry both mortgages. With no alternative, we pursued a chap7; received our discharge in 2010. Final irony is the old house sold the following summer (short-sale). Student loans have kicked-in & since we’re still stuck with the high rate & payment we’re still struggling.
Owe $380K & house is now worth 270K tops & can’t sell…the discharge lets us leave free & clear, but I haven’t given up yet! That said…
1. I can’t qualify for HARP because as mentioned, I’m late.
2. Freddie says NO to a principal forbearance (they do not do principle-reductions) unless I re-affirm the debt. A ridiculous requirement as most judges wouldn’t let you do it anyway.
3. denied HAMP because our debt to income was too-low (26%…just under the required 31%).
Questions:
From what I’ve read, June, 2012 CHANGED that 31% ratio requirement. Further, I’m not even sure the ratio was calculated correctly. Does anyone know the formula?
I wanted to petition to be re-considered for HAMP, but the article titled “No Appeal – The Success of HAMP and the Independent Foreclosure Review” tells me that’s pointless.
Who could actually take 3 mins to review my details over a cup of coffee & point me in the direction of how to proceed? I don’t have a lot of $, but would be willing to pony-up for good, useable advice. I have tried using the gov’t approved counsellors & so-far they’ve all been absolute flakes…
While I wait to get possession of my stolen condos back I think .and I thought it is impossible for this country to be made up of so many crooks. And then you realize it is the same crooks moving into different businesses
These same investors that knowningly bought into bank origination fraud are now part of the Real Estate Investment Trusts . Just like there were whistleblowers from Bank of America , this country needs some whistleblower from the REITS and how the people displaced from their homes are again becoming the victims of the investors using their stock in the housing market
hammertime
August 12, 2013 at 9:54 PM
Are you referring to the fact rental income is now being pooled and securitized? No they haven’t learned and people need to speak up. Economist Richard Wolf on Moyers described how we’ve had two explosions with Tea Party and Occupy Wall St from the left and right but most Americans are like deer caught in the headlights! In denial that the American Dream has been taken away from us.
We have to be careful to not limit our defense to produce the note or MERS in general. See above. As usual the courts, public, politicians are just catching up. The non judicial process or laws cannot take away our due process and basic laws The key it looks like is to demonstrate factually that the documents are invalid and “fixing” the signatures doesn’t cure the basic problems of standing or fraud. It would be great if you did a follow up article.
Lee Parkerson
August 6, 2013 at 2:32 AM
hammertime I have a situation where I was supposed to get my keys back to the abandoned property after mediation its been 4 months and no keys in addition a settlement agreement signed a month ago promised 500 upon signing and still no check I am considering fileing another motion to dismiss on grounds of not only note but dishonest dealing and contempt of court.you are correct the note wont do it in the fla rocket docket.Do you think its worth a try?
@ Hammertime Thanks for your comment. I am working on a follow up article on the challenges of defending foreclosure in non judicial states. The main problem is that homeowners in non judicial states are not legally capable of challenging the note. Only the bank or the Trustee can challenge, but obviously they never do. This has been held up in the appellate departments of those districts. However there are other ways to challenge the enforecability of the note through the bankruptcy process.
Hell NO, No more Bankster Bailouts!
August 6, 2013 at 10:08 AM
@ DocToWork, The CA Appellate courts have started ruling that the borrower CAN challenge those late transfers into the trusts in cases where the effect makes the transaction VOID instead of VOIDABLE.
This is coming down with a case that is not published yet but has stirred a lot of interest in getting a publication. Basically, the case in point distances the underlying principal from Gomes. Glaski is the case you should try to find.
The Appellate court found that if the transaction to assign the loan was not allowed by NY Trust law and IRS code, the transfer should not be allowed to occur or if it did, it would endanger the tax-exempt status of the REMIC trust that was being enjoyed by the investors, thus harming the investors if the transfer was allowed after the trust’s closure date. The Glaski case is headed back to the lower court for further hearings since the higher court action overturned the lower court’s prior ruling.
Garfield says to next expect the Banksters to generate a new, earlier assignments and try to convince the courts that these transfers really had happened earlier, despite the finding in the Kemp v Countrywide case back in Connecticut..
hammertime
August 6, 2013 at 6:06 PM
@Lee Parkerson
Sounds like you’ve done well in your defense in FL. Of course can’t advise legally speaking. In general I’d say it’s important to not leave anything unanswered or actions ignored. Becoming as knowledgable for yourself as possible and reviewing any similar cases or the code for yourself is how we do it yourselfers have had to go at it esp if a good lawyer is out of reach. Out here in CA the AG is just now training lawyers on how to deal w/ this so you have to try to be up to speed. An in between step before answering to have case dismissed could be to make a demand letter if it makes sense. That way they can’t keep pushing the “mistake” excuses.
hammertime
August 6, 2013 at 6:16 PM
@DocstoWork
It may be we are going through a transition here in CA and possibly other states that are non judicial and have a Homeowner’s Bill of Rights. One of the goals I understand was to take the load off the bk courts as homeowners understood the non judicial process worked against them.
in 1977 there were whistleblowers that predicted all of this mess while working at the OCC of the us treasury dept. what came out of that was the community reinvestment act but the lending abuses of the big banks continue. actually all of this goes back to the great depression of the thirties and the riots in Chicago and other big American cities. the big banks did the same thing then that are doing it now.
no one listened then and no one is listening now. the chance that will happen again with regard to no reserve hedge and derivative bets on housing and mortgages is just a few or less decades away from happening.
it has to be stopped. vote for senator warrens bill to break up the big banks and restore the glass steagel act that will take away investment banking from having its links with depositores savings and checking deposits that puts the government on the hook for bailing out the banksters.
A little information about a shadow credit reporting system
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data. Scam out, scam in against us.
How would this work?
what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid
would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date.
We made numerous payment attempts in a PA Court foreclosure resolution program only to have the local hired counsel openly tell the judge he does not represent the “Plaintiff” on the docket, he represents one of the many changes in the assignment chain. We were not willing to pay a 3rd or 5th or 7th owner/assignor without a detailed review of the balance and a letter from the original mortgage holder (Citi)acknowledging and releasing their litigation. The foreclosure continued the whole time in the name of Citi. Courts obviously have their hands tied and must rule that a break in the proper assignment of these mortgages is moot and that the homeowner is not a party of harm should these transfer be fraudulent. I can sing the poetry that a transfer of interest cannot occur without first having rightful ownership of that interest all day long and it falls on deaf ears whether that is case law or not. I read the fraudulent transfer of a mortgage is a Class E felony. So, we’re now in Stage 2 of BK and we’ll see what the Trustees require as claim documentation to resolve balance and ownership questions.
The pressures on the courts and the destruction of our communities was something that was predicted years ago back to the 90’s I think it was when there were warnings about MERS and possibly even back to the 80’s and Savings and Loan crisis.
It was a good point that someone focused on our Constitutional rights. No individual or branch of govt is above that and we shouldn’t be denied due process.
In CA I’m more willing to try a mediation, as it seems you have, since laws are “catching up” to some degree. Does adversarial proceeding apply in PA bk?
As to judges I’ve read cases or heard about people having judges removed for conflict of interest so may be that people need to check on their judges as well as everything else before they get too far along.
Lee Parkerson
August 12, 2013 at 8:15 PM
You have that right hammertime I was once placed in a locked hospital facility for over a week and found out later the judge who signed the Involentary placement order was on the board of directors of same hosp. I filed a complaint with the judciary qualifications div. In Tallahassee and this crook had to hire a lawer and get questioned by his peers.
I suppose he got a slap on the hand, but I can tell you what happened the next time my estranged hubby tried to pull a fast one IPO was DENIED! (patting myself on the back)
Lee Parkerson
August 12, 2013 at 8:43 PM
I don’t know about Ca. but Fla is a CYA state meaning cover your arse
Back in july I posted about unbeknownst to me I moved into a Real Estate Investment Trust (REIT ) with a a Drug Dealer and his meth lab as the tenant above me where on my third nite there , one of the drug dealer clients overdosed amd died and all the trouble I had leaving that apt without a bad mark on my credit bur eventually lived off my security and fled and discovered a shadow credit reporting system called RENT BUREAU an extension of Experian.
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has come up with a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data.
Diesell you gave me good advice to go to the BBB and file a complaint against the Debt Collection agency that bought the fraudulent debt from the REIT and since the Debt Collection agency could not verify the debt they bought, the BBB notified me it was not appearing on my Equifax credit report HOWEVER I went to rent an apartment and the leasing agent pulled up a Experian credit report and there it was
This RENT BUREAU has the fingerprints of a company like lps docx
Lee Parkerson
August 12, 2013 at 9:21 PM
did they report a 3 day notice? I’m a landlord and will pay a tenent to get a storage unit and move fast rather than give my greedy county a penny.I look up only criminal records on my rentals. My units are always rented and never vandalized.
Yes, I’m serious and no bankster spy, read my other posts for years. I got 7 fraudulent assignments on the mortgage I’m resolving. Judges don’t give a shit. Law is for the birds. You would think they would follow the law, but they don’t care, they just want the case pushed thru and ended. They understand the banks and servicers and lawyers proceed with no “legal standing” but it’s a moot point. You have a mortgage balance and they really could care less about the law or precedent. It’s comical.
Sorry about that! Yup we’re deep in the realm of the absurd. In CA for example it seems people learned that bk was the way to save their homes rather than deal with corrupt justice system and reduce their seconds etc. It’s been said to me by a legal firm no less that the Homeowner Bill of Rights were a response to lessen the load on the bk court rather than be relief for homeowners. Still there are important tools there but if you’re in bk you CAN’T use them from what I understand. Not legal advice of course but we need to keep looking at the settlements and laws etc and keep challenging the legal people etc as you’ve learned to do. So basically you gotta keep adjusting to reach your goals and we have to channel our anger and frustration by continuing to make our cases publicly. Do what you need to do while still fighting to fix the system as best you can. As I said in previous post CA Central District is getting the rep for ignoring assignment based arguments. A way to look at it could be that the assignments can’t be your only leg to stand on but used as evidence to follow the money and fraud as Garfield and others have suggested.
I think there are a lot of people in the judges pockets especially Title companies
who IF they did due diligence, turned a blind eye to the facts and some Investors
in their tickling their ——- wanting the judges to see it their way.
So why is no one arguing case law or statutes and winning? If you’re getting a bank pocket judge keep going higher in court. Is no court ruling based on law?
Some have while others have settled or go through bk. And we didn’t get the benefit of legal aid or a legal expense bailout that the GOP and Wall St Dems gave to Wall St which kills the average person. Death of the middle class by both parties.
Just a suggestion from someone who has been fighting 2 homes, one in California and one in Florida…before B of A files for foreclosure, file your lawsuit claiming attempted wrongful foreclosure practices and send a Cease & Desist stating there is illegal activities being attempted by a bank claiming to be in possession of your note…by you being the Plaintiff and not the defendant gives you an upper hand because they will then have to prove they have standing and we all know they cannot. I have always thought we the people should be suing the banks instead of the other! Just a suggestion!!
what about a class action against Judges who refuse to follow
the law of the Constitution, this really seems to be the problem.
Judges don’t have immunity for bad behavior and it doesn’t have to be high crimes.
If they can lose pension money these bad judges might retire and lets get in a batch of ethical and law abiding judges http://judicial-discipline-reform.org/docs/no_judicial_immunity.pdfe
Incorrect, at present in every jurisdiction, both judges and prosecutors have absolute immunity and can continue to conduct the duties of office from jail cells if convicted of a crime until removed from office by the bar so long as the judge and or prosecutor is involved in a judicial function, but if involved in only an administrative or advisory function they lose their immunity and only then can they be sued for what they do wrong advising or administering things.
I’ve been posting here for a few years… finally stopped paying the mortgage a year ago. Received a ‘notice of intent to foreclose’ via regular mail yesterday. Also received four (LOL) ‘notices of intent to accelerate’ and *another* modification packet a few days prior. The fact that we can receive *four* notices of intent to accelerate (two via certified mail, two snail mail) tells me that management at Bank of America (our servicer) still has no f*cking clue what it’s doing (when did it ever?).
What’s more interesting is that Bank of America now refers to itself as the noteholder in the notice of intent to foreclose (“noteholder, directly or through an agent, has possession of the promissory note” — riiiiiiight). On every other document they have sent (and in responses to documents I have requested over the years), BofA has *always* referred to itself as the servicer, and that it is operating on behalf of the noteholder (Freddie Mac).
Furthermore, on the notice of intent to foreclose we received yesterday, there was no indication that the letter *was* a notice of intent to foreclose. There was no header. There was no timeframe by which we must pay indicated in the letter. I’m thinking of it more as a ‘happy anniversary’ letter 😉 It read “You are receiving this notice because your mortgage is in default, and your property will be referred to foreclosure,” and then itemized the status of our account.
Have any of you ever received a similar letter? What’s the timeframe from when it’s received to when they *finally* file?
After 5 years, pretend lender has filed new NOD. Has bought me more time but any advice on how to request accounting without acknowledging their standing.
I’ve been warned that invalid assignment cases are being frowned upon in CA courts.
Is anyone dealing with any Countrywide business listing Amanda Farrar as a VP of any company?
I am fighting a foreclosure in NYS,she is a signor on an assignment in my case. I have other info on her and will share as well ty
hows about you getting a real job inspector clouseau wannabe troll spy and really, K.Jackson? surely you can do better than that…..maybe? does entrapment count?????
Just great K. are you the same K greenhorn esq I tell jokes to who works for bac forclosure mill?
kate
August 13, 2013 at 6:52 AM
Really??? Who mentioned “Greenhorn”. No dementia yet. Not Greenhorn or a lawyer but had to play one for two years and it wasn’t one bit fun. If someone doesn’t live up to their agreement real soon, I may have to put back on the lawyer’s hat. Unlike most here, I didn’t wait to defend myself, I went on the offensive. Interesting that you would determine that I am one of the bad guys here? Look back through many posts over the years and maybe you’ll come to another conclusion or is it really that you are the real pretender here.
For those fighting the legitimacy of these robo signers please pay attention to this and other rulings on robo signing. This is an epidemic. 5 of the last 7 assignments on the mortgage I am working on has signatures by people claiming to be Bank VP’s and are in fact Customer Service emps with the servicer.
Does anyone have information on a Ryan R. Krane, I believe this is fictitious, but he is signing as a VP for various Banks, BOA, Argent Mortgage, Wells Fargo, and posting them as owners on the books in counties?
Lee Parkerson
August 12, 2013 at 10:21 PM
I will look in central Fl. its sounds official and probably isnt.. I have a question.I have a deed on another abandoned house supposedly it went to an investors auction. I was never notified of hearing to take it to the steps.Someone moved in and a week later moved out.Is it possible that wells fargo just ignored my doc? Should I refile it just to see what went down?I was surprised because the deed is recorded and further I posted it on the front of the house with all my contact info.Am I clouding the title? Or did they somehow default me by ignoring the obvious?
Just like the Banks have power these REITS have power and connections.
The police had surveillance vans surrounding my building 24/7 for weeks.
I have documentation of all that , that he was arrested, a meth lab but the REITs
are all in bed with the collection agencies and the credit bureaus.
Something you just have to walk away from.things. you have to pick your battles.
The reason I even mentioned the REITS is that if you have an animal and your looking for housing after a fraudulent foreclosure they look very good That is till you live there
Something you just have to walk away from.things. you have to pick your battles.
But these credit bureaus with their false information are a pain. My original question was
I had heard the Fidelity Title in particular had a behind the scene connection or investment with a Credit Bureau.
My energy is in fighting corrupt Judge Schlesinger in NY Supreme Court.
Bobbi
I did all that. It was the police in fact that kept telling me ask them to move you. I DID ALL THAT NUMEROUS TIMES AND THAT IS PRECISELY WHY THEY LET ME BREAK THE LEASE FOR $1.
I had heard from other residents that they take all types of fees out of the security and you don’t get it back. I went all the way to top of management no one cares about a Warrant of habitability.
In fact when I moved into my second REIT nothing bad was on my credit report yet but I told the property manager exactly what had happened and by coincidence he had once worked at the first REIT . and he said to me it is a good thing you lived your security off you would never get it back.
I wonder if he is going to sing the same TUNE WHEN HE FINDS OUT I AM GOING TO LIVE MY SECURITY OFF HERE TOO.
I forced myself to live out my lease in the 2nd REIT but I have an issue with the addition fees they tack on over a high rent having to do with ista or yes fees.
These REITs are a nightmare. I never looked to see the CEO of the 1st REIT but I checked out the 2nd CEO from this REIT. His background is perfect for a cheating stock company, he was mixed up in a scandal with a big Bank and so he went into housing.
I looked up his bio. YOU WON’T BELIEVE THIS.
1. his dorm was so filled with marawanner smoke you could not see .
2.his greatest achievement in college was inventing a water balloon that he would throw out the window hit the girls passing by in the head, knock them to the ground stunned And he is the CEO of one of the largest REITS on Wall Street.
Fight hard for your homes, the worst is yet to come.
@ Marilyn Lane – Do you know for a fact that the tenant upstairs from you was operating a meth lab? Did you notify the police of ‘suspicious activity’ for this apartment? Did you file a complaint with the city in which the apartment is located for possible code violations? Is there any provision in your lease that covers ‘safety’ or providing any type of security or their best efforts to provide a safe environment? I would suggest filing complaints with the City for code violations, Attorney General for unsafe living conditions, and if possible, get a copy of the police report for the incident that occurred the night of the death of one of the occupants. Surely, the police/EMT would have entered the apartment to treat and witnessed any type of illegal drugs present. Go the repositories that are reporting this account and dispute it. Support your claim with documentation as above. Oh, and another good place to get support is your local TV news stations that have an ‘investigative’ team. Publicity and news investigations are not what REITS want. You may fine they might correct this error themselves. Good Luck!
Teresa Clopp an alleged Robo Signer for PNC Bank N.A. will be deposed on July 17th, 2013 in Montgomery County Ohio. This inofrmation is for all the people that has been trying to locate this supposed authorized officer for PNC Bank N.A.. God Blessed and Keep Fighting
typical false infomation published byEquifax and other credit reporting companies.
Debt collector wants $2400.
Equifax publishes biased false information. It must be made mandatory that you get the whole story.
Unbeknownst to me when I moved into
XXXXXXX on Feb. 9 2012.the tenant upstairs was a drug dealer with a meth lab
And a
druggie himself.
On Feb 12 2013 my third night there ,there was a rumpus going on up stairs till three in the morning. The Next morning when the street was covered with emergency vehicles, police, ambulances & Fire trucks I was informed that one of his guests overdosed and died.
On Monday I immediately went to the management office and said I assume he will be evicted ‘ and their response was it was a weekend we
weren’t here we can’t evict him it would be heresay.
I then wanted to be moved to another apartment. And their response to that was it would cost me $500 more a month rent.
For weeks the police had surveillance vans surrounding the area looking for the big boss.
I than found out XXXXXXXXXX in the office had worked for him at one time. I
didn’t like the people coming to XXXXXXXXXXX door, and I
And my dog
didn’t like the smells coming from upstairs.
Then His irrigation system flooded my apartment.. After arguing with them to move me, I WAS ABLE TO BREAK MY LEASE FOR A $1.00 CHARGE. HEARING HOW THESE REIT’s DO NOT GIVE BACK ALL THE SECURITY, I lived mine off and moved
Unfortunately to another Dissterous REIT but it is hard to find housing with a dog.
Here I got a transvestite with his other , both on drugs.
Here I went to the DEA and police.
Truth is stranger than fiction.
Iam looking for other housing so if you get that information off my report it would help.
That figure, they give you has numerous late fees tacked on to a months rent .. and something to do with damaged carpeting, they don’t tell you his flood came down not only on their carpeting but
my furniture got damaged and wet.
Thank you. The only thing I can guarantee you is that I am not looking for another REIT
@hioan – very well written and I could not agree with you more! Being in the mortgage business now for well over 40 years I try to help those to ‘correct’ such credit, much to the dismay of some of my colleagues, but the Florida regulations in licensing REQUIRES us to also ‘counsel’ our borrowers. Such ‘credit scoring’ in my own personal opinion, as a sole indicator of one’s ability or conditions precedent on a debt repayment is not truly indicitive of that person as a whole. Most repositories do not adhere to the federal laws on such reporting or verification. Unfortunately, we as humans have been replaced by technical programs that transforms us into numbers! I agree that change is needed as is the case with most of the mortgage processes currently being utilized. The top priority is education of the public and for which this particular site has done an exceptional job.
@KK – seems like someone has not been totally educated on collection of debts on credit reports. You should probably research The Fair Credit Reporting Act (more commonly known as FRCA) as to how accounts are reported, how they are catagorized and time frames on debt to be reported. That foreclosure will not leave your credit report in 7 years. Once those credit cards reach a “profit/loss write off” status does not mean that you do not owe it any longer. It means that the issuer has taken the loss against income taxes due on profits. Finally, cashing that check has no effect whatsoever on your current debts. It is a premium, so to speak, from a lawsuit or settlement. It also does not negate from you pursuing that lender on your own in a civil suit. The only way to stop the clock is via bankruptcy. Just so you know, bankruptcies stay on your credit for 11 years.
Hello, it has been 4 long years since I have been out of my house which was foreclosed. I am 3 years away from it leaving my credit report or so I understand. Looks like it will fall off in 2016… I have ignored and shredded daily contact from all my creditors and am looking forward to being free of these marks on my credit. Life is to say the least very difficult when your credit rating is very bad. My concern is that if I cash this measly $300 check that I got from the independent foreclosure review settlement that it will start the years of bad credit over again. I read somewhere that as long as you ignore the creditors and do not make any contact with them or god forbid payment to them that the first month that you are delinquent starts your 7 years of bad reported credit, however the moment that that you communicate with them, the clock starts over. Will this happen with the $300 and my Wells Fargo debit if I decide to cash the check?
@KK: These days you have to look at everything with a critical eye and decide for yourself what to support and what to ignore. While a credit score made things easier for the banks and lending institutions to do their job, it has been misused in recent times, often holding it like a gun to your head while they went about cleaning out your life savings and throwing your family out on the street. Folks like yourself who have been paying their loans back faithfully for years are suddenly left hanging for dear life. That is why a growing number of people with sub par credit scores have decided enough of this nonsense, and are now leading perfectly normal lives without giving in to these bankers who, by virtue of their place between the people and their deposits, have been siphoning away their wealth, and abusing the power that accompanies that privilege. Btw, this behavior is not new – the same actors , the likes of JP Morgan and Co, were exposed and to some extent reigned in by the work of Louis Brandies in the early 1900’s. Look it up for yourself and act accordingly my friend. Only collective action by all of us will bring about much needed changes. Be wise, be strong and be well.
@ Robert Kuperstock – I see that only 2 people have signed the petition you put on line. I also see that you have to register with a government sponsored site in order to sign….that may be your problem. No one wants to put out their info to the government (who BTW is dead set on monitoring everybody!). I, for one, will not sign b/c of that stipulation. Maybe move your petition to another sponsor site and you will get more responses. huh?
“Quiet Title lawsuit lands Tequesta homeowner, etc,”
It came out a week ago in the Palm Beach Post by Kimberly, but cannot view more than 2 paragraphs of the story.
DT it is not just PHOENIX it has happened all over this country.
LENDER PROCESSING SERVICE”s docx (THE MAKERS OF FORGED DOCUMENTS)
is so valuable to the fraudclosure market and the racketeers that Williaqm P Foley of Fidelity National Title announced that Fidelity has bought back LPS FOR A COUPLE OF BILLION DOLLARS.
Lorraine Browne might be jailed for her crimes but it is just a little inconvenience for the crooks.
Thanks for the post. Seems standing is being swept under the rug in CA but people should still review CA Homeowner Bill of Rights, settlements etc to defend themselves.
There ARE victories out there for lack of standing!
See HSBC v. Hardman, 12-cv-00481 (U.S.D.C., N.D. Illinois, Chang, J). In
this case, the lender was Fremont Investment. Ocwen foreclosed based on a forged assignment, in the name of MERS, of the mortgage in 2011 to a trust that had been closed in 2005. Property Rights Law Group filed affirmative defenses alleging (correctly) that the assignment was the only basis of for Ocwen’s case and that it was forged and that it was invalid because of the date, so Ocwen lacks standing to foreclose. Ocwen settled rather than litigate and modified Mr. Hardman’s mortgage, reducing the monthly payments by 50%.www.propertyrightslawgrp.com
yes I did, here in Ca with IndyMac to Deutsche bank, and First Franklin to NDex West LLC, but this was all done in 2011, yet Indymac went away in 2008 HMmmmmmmmmm?
The banksters and their servicers are filing false documents. They apparently are playing the game of “Catch Us If You Can”.
For those who do not LOOK, each piece of paper appears to be a valid maneuver. Many people who stop paying a mortgage believe that the banks are fully entitled to foreclose, simply because they know they are not paying. Well, there was money loaned, yes. But the banksters may have taken insurance and other payments that paid off the debt, or at least cured any current default.
The banksters must follow the letter of the law or they do not have the right to foreclose.
In this case, with usage of assignments after the entity no longer exists, the banksters apparently do not truly have any right to foreclosure. But just identifying this problem will not automatically stop them. You must ultimately get this brought into court. Initial steps can be taken that will delay any sale. But ultimately, I believe this will need to be taken to court because it actually needs a judge to rule to clear this title. (I am not an attorney, mind you.) Yes, they can still attempt to collect a debt based on the fact that you received the loan. But that DEBT COLLECTION does not include the right to foreclose.
Sue the bank before they file a complaint on you! DO NOT WAIT FOR THE BANK TO FILE…when you file a complaint on the grounds of Misrepresentation by a bank “attempting” to be known as the lender, you have the control to ask for proof of ownership of the note…I’m not an attorney, nor do I think you need one. Use this site, all your needs are here cause millions of us have been at this for years now…be clever and as tricky as the banksters lawyers are…use this site!!
You got that right No matter what you think it slows the action down even if you are like me getting deeds to abandoned property.Insist on mediation, the medeator told me I wouldnt get a penny from the bank and the judge looked at me funny with no lawer but I did get a settlement agreement. not for much but then again I never signed the mort.
Hi there: Hoping for some guidance for NJ – OK. Read quite a bit on this forum a few years back – copied all my records just in case things got worse…which they did. At that time, there was no assignment to my current lender (Citimortgage) from Flagstar Bank (sold in 2006) in my records. I thought I’d have something to go on. I paid my mtg up until last Aug (2012) and then could no longer afford it with escrow increases. I just got online and there is now a new filing (6/13) of assignment through MERS to Citimortgage (who has been servicing and where I made payments.- 7 years after the fact! it also came to my attention that the orginal loan with Flagstar was robo-signed by Elise McKinnon. I have just received a Noitce of Default and Intent to Foreclose with a dealine to cure the default by 6-27 or acceleration commences. and wondering if I should respond with “producing the note’ inquiry before suit is filed. In the US Bank v. Guillaume case, the question was about whether the actual ‘lender’ was on the notice of default. In my letter, Citimortgage itself, is listing itself as the “Lender” w/address. Is this legit? How could this be correct? Might there be a template available for priducing the note I can send, or should I just wait to file ann answer when served. Thanks so much for any help offered.
n.j. group, http://www.afnetwork.org has a lot of free info. Guillaume was about the lender, but the remedy was to give the banks another bite of the apple an submit another alleged lender on another Notice of Intent. Yet, the banks are still submitting NOI with Servicer as “Lender.” The courts and judges are corrupt throughout N.J. eugenevillarreal@hotmail.com.
A senior House Democrat called on federal regulators to look into the actions of any mortgage servicer that might have benefited by misleading borrowers about federal loan modification programs.
California Rep. Maxine Waters, ranking member of the House Financial Services Committee, sent letters on Tuesday calling for an investigation of Bank of America or any other bank that may have deliberately delayed loan modification applications to force troubled borrowers into foreclosure instead.
She said, according to court documents, that employees reported falsifying records and were told to find ways to delay loan-assistance applications under the Home Affordable Modification Program (HAMP) by requesting paperwork that had already received in an effort “to maximize fees for the bank.”
“The goal of the delay was to ensure that rather than receiving a HAMP modification, the borrower would be foreclosed upon,” Waters wrote.
“It has been noted in numerous studies that foreclosure is often the most profitable end result for a servicer that does not own the loan they are servicing. It goes without saying that this is an outright abuse of consumers and government mortgage assistance programs.”
The letters were sent to Christy Romero, special inspector general for the Troubled Asset Relief Program (SIGTARP), and to the Office of the Comptroller of the Currency (OCC) and the Federal Reserve asking them to investigate how or whether the allegations against Bank of America interact with the Independent Foreclosure Review (IFR) settlement reached between regulators and mortgage servicers in January.
“Bank of America has received $992 million in incentive payments related to HAMP, making them the second largest beneficiary of such payments.” she wrote.
“While that figure pales in comparison to the other TARP funds that the bank has benefited from, I do think it represents a significant amount of assistance from taxpayer.”
The OCC and the Fed reached a settlement with 14 servicers based on a review of their foreclosure practices from 2009 to 2010. The IFR, which was a detailed process designed to determine problems and compensate borrowers, ended with the agreement.
That agreement provided from $300 to $125,000 for each borrower based on the issues encountered.
If the laws were actually enforced (which hasn’t happened under Holder), the BofA exec who signed the HAMP agreement, should be indicted for major fraud against the United States. It carries a 30-year sentence. That would stop this nonsense, and other banks employees would be turning states-witness with abandon.
hammertime
June 22, 2013 at 6:03 PM
How about the bank execs and AG officials who signed the Consent agreements?
Property Rights Law Group
See Wells Fargo v. Horwitz, 12 CH 00069 (Circuit Court of Cook County, Rooney, J.), order of 2/5/13. In this case, the lender was The Home Loan Center. In 2012, Wells Fargo foreclosed, basing its claim on an “assignment” in 2007 from itself to itself. (You read that correctly.) On February 5, 2013, Property Rights Law Group defeated Wells Fargo’s motion for summary
judgment by arguing that Wells Fargo has no standing to foreclose, because the “assignment” is obviously absurd and worthless . Now Wells Fargo does not want to admit defeat, but its only remaining option short of a trial (that it would lose) is to file a motion to dismiss. But that is even less likely to succeed, because a motion to dismiss will be granted only if Property Rights Law Group has failed to state any legal claim, and Property Rights Law Group obviously has stated a good one. Wells Fargo’s attorneys can drag this case out for years, but Mr. Horwitz is secure in his home.
The illegal activities are clear and provable…however, when you take these banksters to court and prove the fraud, IT JUST DOESN’T MATTER!!! The Banks are stealing our homes and the courts are allowing it to happen!!! That’s the issue…not that Fraud is there, we ALL know that…it’s that the Judges are facilitating the illegal activities…The Judges could STOP all this activity because that their jobs…Vote Your Judges Out Of Office…Vote your Congress and Senators out…They are all taking $$$ from the banksters so get rid of them and continue suing the banks…the courts are overwhelmed with the millions of lawsuits being filed all saying the same things…FRAUD….kepp suing….don’t short sale and don’t leave your homes…
don”t forget to mention that little detail of the NOTE YOU SIGNED not a copy,I havent found a case yet prior 2011 who could produce.. Forclosure mill gladstone Boca Fla has yet to put me in touch with anybody who has even seen my file.This includes the greenhorn they sent to rep,the bank at my hearing! Maybe they didnt pay him enough to read the file.He told me they sent him in dry.
My original loan docs had Recon Trust as the Trustee. Quality Loan Servicing was substituted as the Trustee for usage in the FC attempt. Quality, what a joke.
I am in CA which is a non-judicial state.
BTW, have you really read your DOT? In my own, the language specifically states that only the LENDER can perform the substitution. They attempted to use MERS to do it instead.
The DOT was intentionally set up to name a false LENDER. The named lender CORPORATION in the cited state, did not exist. Do you realize this is a VOID loan? Do you realize there can not be any MERS resolution with the named LENDER?
When this gets to the adversarial, we’ll probably see all sorts of motions from the opposition. They like to try all manner of improper cites of case law or statutes to bury attorneys and the judge with having to rule out a whole bunch of their manuvering.
If they are not careful though, with the assignments they already filed, they could have a case on record that will be used in other cases.
hammertime
June 22, 2013 at 5:48 PM
It seems you have a case the AG SHOULD be looking at as a significant case. As we discussed I may be reaching another twilight zone level where the questionable sale trustee seems to have dropped out and there is now a revolving door on who will schedule and run the sale.
I believe that I made a mistake of saying Litton Mortgage. I believe I should have stated Litton Loan Servicing, instead. I am not sure if they are related.
It may be tougher without possession to get property back from my general understanding, not legal advice. Still may pursue claims on violations. You can do either a forensic audit to review the loan itself and securitizatoin audit to review loan investor etc. simple version
I’m looking at a service that is arranging for lawyer consultations and discounted lawsuit and foreclosure defense at least compared to what I’ve seen in CA. What state are you in and leave email if you’d like me to conact you.
I am trying to track down my loan file with Litton Mortgage and find out what was in it that determined why and how much money that I was to receive from the Mortgage Settlement. I received a total of $520.00 even though my home was foreclosed and sold at a short sale the same year. Any suggestions?
@ Christina Osborn I wonder if any response at this point from Rust makes sense. From Taibbi article they only reviewed 100,000 files so they can get us relief faster! What a joke! The application was for any point in the foreclosure process I thought. Or am I confusing audits/settlements?
“So how did Chase come out so squeaky clean? Well, it seems they developed quite a rapport with the government-mandated consultants who were hired to review their loan files. This is from that WSJ report:
Two Deloitte employees who performed the review for J.P. Morgan in a Brooklyn office building said workers were encouraged by supervisors to examine pools of loans they knew would be less time-consuming or error-prone as they tried to hit loan quotas.
One of these employees said that at an event last year known in the Brooklyn office as “March Madness,” Deloitte officials encouraged reviewers to avoid problematic loans originated by EMC Mortgage, a troubled mortgage lender J.P. Morgan acquired in 2008.
So basically Chase allegedly warned the consultants off their problem loans and incentivized the consultants to examine the less-fucked-up loans. Employees of another of Chase’s auditors, Promontory, were reportedly given gift cards of up to $500 for “completing a certain number of files quickly.”
The whole thing was a joke. Government orders banks to hire auditors to investigate robosigning, then banks induce said auditors to robosign the investigation! Because that’s exactly what that would mean, if there were financial incentives to finish masses of files quickly. It’s horrible, obviously, but on another level, it’s so ingeniously corrupt, one almost has to tip a cap to whoever thought of it.” http://www.rollingstone.com/politics/blogs/taibblog/while-wronged-homeowners-got-300-apiece-in-foreclosure-settlement-consultants-who-helped-protect-banks-got-2-billion-20130426#ixzz2WLsqG66f
It could be because Chase did a lot of ‘merging’ some of their off-shoot companies into one. Chase Home Finance LLC litterally does not exist any longer as they merged back last year. The only reason I know is because my foreclosure with Chase had a filing to ‘substitute of party plaintiff’ at that time. Owners of credit cards will monitor your credit several times a year to make sure that a credit card holder is not going down the tube, esp. if there is a pending foreclosure.
Interesting. Sounds like more of the manipulation of the “Chase” brand name against us and the government. I wonder if that’s how they had a point something, as in 0.something, error rate for the review while HUD had a 90 plus error pct for a sample on them. I’ve tried to get a straight answer on Chase Bank USA for years and finally got an answer from Nolan deposition on here where employee states they were the sub prime arm of Chase while at the same not “Chase”? Rolling Stone/Taibbi report should be re-read and complaints filed to support Sen. Warren’s questions and to get the criminal evidence that the OCC and Fed are covering up.
@ Christina Osborn: how do you know that the inquiry was related to a mortgage? Was it a soft inquiry or a hard inquiry? Soft inquiries are done by lenders for possible credit card ofers. Just because there is an inqury from Chase does not necessarily mean it had anything to do with the WaMu loan. They could have just been trhying to establish a source of their credit card division.
I don’t know if the inquiry was related to the mortgage, that’s the mystery. I don’t know if the inquiry is a soft or hard inquiry. I do know there was an existing Chase credit card, and not applying for a new one. Just trying to figure out why there would be an inquiry from “Chase HOME FINANCE” that shows a different address than the Chase credit card division when the mortgage was not with Chase HOME FINANCE. If Chase was trying to establish a ‘source of their credit card division’ then why wasn’t the inquiry requested by the credit card division instead of the Home Finance division?
“Editor’s Note: Some banks are slowing foreclosures and evictions. The reason is that the OCC issued a directive or letter of guidance that lays out in brief simplistic language what a party must do before they can foreclose. There can be little doubt that none of the banks are in compliance with this directive although Bank of America is clearly taking the position that they are in compliance or that it doesn’t matter whether they are in compliance or not.
In April the OCC, responding to pressure from virtually everyone, issued a guidance letter to financial institutions who are part of the foreclosure process. While not a rule a regulation, it is an interpretation of the Agency’s own rules and regulation and therefore, in my opinion, is both persuasive and authoritative.
These 13 questions published by OCC should be used defensively if you suspect violation and they are rightfully the subject of discovery. Use the wording from the letter rather than your own — since the attorneys for the banks will pounce on any nuance that appears to be different than this guidance issued to the banks.”
I have raised this issue with my elected officials as to the mission of the OCC and this seems to reinforce we should all be questioning the OCC and all the agencies and officials as to their role and function as well as being focused on our individual cases.
Have a mystery I’m trying to solve….why would Chase Home Finance do a ‘credit inquiry’ on a WaMu loan in 2007? Borrower never did business with Chase Home Finance nor were they attempting to do business with Chase Home Finance. The address/telephone listed on credit report for Chase Home Finance has been changed/disconnected. My thoughts….Chase was looking for/identifying potential ‘future’ foreclosures once the WaMu/JP Morgan Chase take-over went through in 2008….
The Administration has allowed the O.C.C. and the banks to embezzle 90 billion dollars of hard cash. The President has set an example for our children to follow, that it is OK to committ Fraud.
I had files bankruptcy back in 2011. In the bankruptcy I had included the house which orig was a FHA loan but I refinanced it a few years later but on a conventional loan not being under HUD thru the years it went thru a few mortgage lenders thus ending up thru BOA assumed from bankrupt lender. The house had finely went thru foreclose proceedings in March this year now they are listing it as a HUD Foreclosure Is this a fraudulent proceeding that the bank claimed this was a FHA HUD loan.Please advise so I can proceed with a fraud report.
Out of curiosity — how many of you have a Freddie/Fannie loan, have defaulted, and have not been served? How long has it been since your last payment? If you were served, how long did it take? Don’t want to poke the beast but I just read the following in the Federal Reserve Advisory Council’s minutes from May 17:
“One member expresses concern that Fannie Mae, Freddie Mac, and others continue to hold a significant number of underperforming loans and are not taking foreclosure actions. This is skewing the positive market-condition data and creating a potential future challenge.”
I am trying to get a time frame — our (not yet retained) lawyer said it could take as many as 12 months before we are served. I’ve reached out to my senators (yes I know there is little/nothing they can do), but like I said I am afraid to poke the beast so I’ve not followed through with their requests for permission to negotiate with the bank on our behalf (and I know the only thing they’ll do is *try* to get us a modification). All this waiting is really hurting me — trouble sleeping, chronic stomach pain.. whenever someone comes to the door I panic 🙁
If there’s anyone else out there with a Fannie/Freddie loan who is in the same boat I’d love to know how long it’s been since your last payment and whether you’ve yet been served
US Courts published the below
THIRD BRANCH NEWS
uscourts.gov | court locator | news
——————————————————————————–
Law Day Helps Students Understand Equality for All
Throughout May, federal courts brought students together under the umbrella of this year’s Law Day theme, “Realizing the Dream: Equality for All.” In urban courtrooms in Pennsylvania, a suburban school auditorium in Minnesota, and under a blue sky in California’s Yosemite Valley students from elementary, middle, and high schools participated in experiences designed to heighten their awareness of the justice system.
ha ha ha who they fooling? themselves
@ Christinea Osborn: There is a site called ‘whatsignature’ that has some method for documents to be uploaded and shared. Check out posting documents there. Documents can have only the signature page uploaded.
Thanks for the info. One of the signatures on the Affidavit from the Illegal Foreclosure of my home is listed on this site as well as others. However, there are a couple more names/signatures that I am searching; Robert Martins, Specialist and Julie Mathis, Vice President (WaMu), Lorrie A. Anderson (WaMu notary FL) and Travis Anderson (WaMu – FL). If anyone has seen names listed on any other sites, would appreciate any info you can provide. Thanks!
Does anyone know how or who to contact to get the list of employees (robosigners) that were employed by LPS (Lender Processing Service) and Lorraine Brown? I have contacted the FBI office that was involved with indicting Lorraine Brown, but to no avail. Suggestions?
Iowa Attorney General-Lead Office of the Executive Committee here is VIDEO ON CALL http://youtu.be/7BmbJycBROc
After being provided inconsistent information by Rust Consulting and many, many Attorney General offices, among other government offices, we went to the “lead” Iowa AG office (AG Tom Miller-Iowa) who is on the Executive Committee for the NMS and is suppose to be overseeing Rust Consulting. The Executive Committee was the best kept secret in this entire search for information! Other than the notation on the bottom of the NMS website, there was nothing more provided who was on this committee.
Keeping track, providing accurate information, explaining what is occurring and being transparent should be a priority to the so called “ghost committee”. After all, the 49 AG’s negotiated this settlement on “borrowers” behalves and shouldn’t they be assuring them what they did was in their best interest? That was to be the Executive Committee’s job but did they, are they and will they do the right thing and come up with explanations: why dates change, why dates on AG websites posted as June are not on the NMS website that the Executive Committee controls? Shouldn’t the Executive Committee know if claimants will receive interest on the 1.5 billion, where the number 750,000 eligible borrowers came from, why it is not considered a conflict that Rust Consulting was handed a billion dollar contract to be the Administrator when they are in bed with Citi? This was the most sickening conversation and one we hope everyone will interpret as “protecting” Wall St, the Banks and all the loan servicers who stole homes from the American People.
Warning: Content will be upsetting and we apologize if you lose your breakfast, lunch or dinner. PLEASE FORWARD THIS LINK and message and make this video go viral. Transparency is needed and there could not be a better time! Thank you everyone for your support and most of all our thoughts and prayers goes out to those who had their homes stolen and are trying to get through just one day without more salt being poured in the wounds. After all, borrowers are suppose to be “Thankful” for this small token called a settlement in lieu of the loss of their homes. Kind of hard to muster up thanks when it could have been avoided and the Banks were not prosecuted for illegal foreclosures. Very dark day in this country when homes can be stolen and the responsible parties can buy their way out of prosecution. Why doesn’t that apply to everyone else who breaks the law?! Sen. Warren had that right! To BIG to go to Trial!
God Bless!
I’m not so concerned about the date, what concerns me is that JP Morgan Chase (WaMu loan) DID NOT report the ILLEGAL foreclosure (2009) of my home (over 20 years), even though the Indiana Attorney General’s Office assured me in writing last year that I had done all I needed to do to be included in this settlement when I filed all my complaints with them and others.
I filed another complaint with the Indiana Attorney General’s Office. JP Morgan Chase answered my new complaint with a demand that I fill out and sign a MORTGAGE TRANSFER AGREEMENT as well as provide a copy of my husband’s death certificate (only husband was the borrower, though I was listed as a Deed holder) before they would answer any questions. I have no problem providing the death certificate, but WHY would I sign documents that would transfer a Mortgage, Note AND Debt into my name on a home that was ILLEGALLY FORECLOSED (2009) and SOLD by Freddie Mac (2012)?? I’m still waiting for the Indiana Attorney General’s Office to get back to me on my complaint.
Christina Osborn
May 29, 2013 at 11:39 AM
additional comment on earlier posting: Rust Consulting/JP Morgan Representative was provided a copy of my husband’s Death Certificate last year.
UPDATE: After contacting Mr. Tom Miller’s (Iowa Attorney General) office to inquire why the Illegal foreclosure of my home was not reported by JP Morgan Chase to be included in the National Mortgage Settlement. I was informed that even though the Illegal Foreclosure was initiated in December 2009, and JP Morgan Chase was granted Bankruptcy Judgment in November 2010, and JP Morgan Chase filed a Relief of Stay/Sheriff Sale date in December 2011, BECA– USE JP Morgan didn’t actually sell the home to Freddie Mac UNTIL February 7, 2012, JP Morgan Chase was permitted to not report/submit this Illegal Foreclosure by the Rules/Guidelines of the National Mortgage Settlement. Wondering how many other Illegal Foreclosures were omitted due to this particular Rule?
Hell NO, No more Bankster Bailouts!
June 10, 2013 at 12:39 PM
@Christina, It looks to me like they do not have any consistent rules for who gets even a tiny payment. I started my fight during 2009. Robosigned or otherwise improper documents have been recorded in 2005, 2009, 2010 and 2012. I’m still in the house. I was one of those who got two checks out of Rust because they cut the first one for $1K and were supposed to pay a little more. My fight involves Litton (which is now owned by OCWEN). The money did not defray my attorneys fees to date and the title is still clouded by their filings.
I’m still in the fight over my house. So, I can not see how you did not qualify for payment while I did.
Christina Osborn
June 14, 2013 at 12:07 PM
In an email received yesterday from the Indiana Attorney General’s Office concerning the National Mortgage Settlement….it stated…They have advised: “Later this Summer, notice will be sent to an additional 31,000 consumers whose information was just recently provided by two different servicers, and thus they could not be included in this distribution.” One of the two servicers is Chase.
The administrator will be adding the new property addresses to their database. Their number is 866-430-8358.
Now will see if the ILLEGAL Foreclosure of my home has been reported/submitted this time by JP Morgan Chase….
Christina Osborn
June 17, 2013 at 6:06 PM
Once again, Rust Consulting tells me that because the home was SOLD after the deadline of December 31, 2012, this ILLEGAL Foreclosure does not qualify to be included in the NMS even though JP Morgan Chase initiated this ILLEGAL foreclosure in December 2009. Since JP Morgan Chase was ‘successful’ in not ‘establishing due diligence’ in pursuing their claim of foreclosure, in other words…doing absolutely nothing until December 2011, when they filed the Sheriff sale date and the Relief of Stay Motion with the Court. By delaying the Sheriff Sale for 38 days, JP Morgan Chase has avoided submitting/reporting this ILLEGAL Foreclosure to the NMS!!! How many other homeowners has this also occurred? Per Rust Consulting, this is not the only case….
Does anyone know if there is going to be settlement opportunities similar to the NMS for foreclosures that took place after 12/31/2011. BoA postponed my foreclosure 3 times and it finally happened in March 2012. Although I disagree with the amount I received from the foreclosure review board and am addressing issues with BoA, I don’t qualify for the NMS due to the foreclosure date. Also can anyone advise me on tactics to get around the “he said she said” problem. I have notes of discussions that includes a name, date, and time but BoA says they have no record of the conversations. Thanks much!
Does anyone have HAMP guidelines from 2009, or anything from PNC or anywhere from 2009*-2010 that the servicers were suppose to repair borrowers credit reports after borrower was granted modification? I am looking for this documentation for my lawsuit. Thanks,
@tortelli,
What you are lookin for is the FAIR CREDIT REPORTING ACT (FCRA). Make sure you state in your complaint that you disputed with a credit reporting agency and state a claim. This is not legal advice and I am not a lawyer. I have filed lawsuit against PNC also.
Occupy Justice Department: Foreclosed Homeowners Arrested Protesting U.S. Refusal To Prosecute Big Banks
WASHINGTON — Owners of foreclosed houses were arrested during a protest outside Justice Department headquarters Monday, where they demonstrated against prosecutors’ failure to take legal action against bankers.
Seventeen former homeowners were arrested, according to Washington police. The demonstrators were seized outside the Justice Department building as they sat in groups behind a police barrier, singing protest songs largely invoking language from the Occupy Wall Street. They blocked traffic in front of the Robert F. Kennedy building beginning at 2 p.m. Five hours later, Constitution Avenue remained blocked from 9th Street to 10th Street. Many of the protesters who were not arrested had set up tents outside the building and said they planned to spend the night.
Those arrested were charged with “incommoding,” or obstructing traffic, according to Ann C. Wilcox, a lawyer representing the protesters.
The protest was organized, in part, by Occupy Homes, a grassroots organization that grew out of the Occupy Wall Street demonstration to support homeowners facing foreclosure. Other grassroots organizations, including coalitions from as far as Washington state, California and Florida, also joined.
No Justice Department officials come outside to acknowledge the protesters. A department spokesman wasn’t available for comment after business hours.
“We want our attorney general, Eric Holder, to bring some accountability from the banks and put them in jail,” said Vivian Richardson, 62, of San Francisco, whose home was foreclosed in 2010. Richardson fought against the banks to win back her house with the help of Alliance of Californians for Community Empowerment and other community-based organizations.
Nearly a third of all foreclosed borrowers who faced foreclosure proceedings brought by the biggest U.S. mortgage companies came to the brink of losing their homes due to potential bank errors or now-banned practices, according to a study from bank regulators published in April.
Many homeowners who successfully fought banks have received compensation checks far below the value of the homes they lost.
Eric Krasner’s home in Frederick, Md., was foreclosed on in 2010 after he had filed for bankruptcy. Krasner, 52, now living in Atlanta, battled banks for years before winning compensation. He said his fight revealed disorganization distribution by federal regulators of a $9.2 billion settlement with mortgage companies over improper foreclosures.
“When they said, ‘Oh we’re going to do this settlement, but it’s taking so long we’re not even going to look at your files,’ I started calling my elected officials looking for answers,” Krasner told The Huffington Post. “How are they going to determine how much pay us … if they’re not going to even look at our” files?
Krasner figured he was owed $62,000 from the settlement, but when his check came, he received only $2,000. Many in his situation received as little as $300 in compensation. “Until Eric Holder does his job and puts bankers in jail, this is going to continue,” Krasner said.
“Banks were bailed out when they needed help … and they’re not giving back like they were supposed to,” said Richardson, echoing the anger toward the big banks that received billions in 2008 and 2009 to help keep them afloat after the economy soured.
That “too big to fail” and “too big to jail” feeling has recently been taken on by the Democratically controlled Senate.
In March, the Senate voted 99-0 in favor of a non-binding budget amendment, introduced by Sens. David Vitter (R-La.) and Sherrod Brown (D-Ohio), to eliminate subsidies or funding advantages for Wall Street banks with more than $500 billion in assets. However, as it is a non-binding amendment, and it was attached to the Senate budget never taken up by the Republican-controlled House, which passed the budget introduced by Rep. Paul Ryan (R-Wis.) earlier that month.
In early March, Holder told the Senate Judiciary Committee that some banks are in fact too big to prosecute because doing so “will have a negative impact on the national economy, perhaps even the world economy.” Last week, Holder tried to roll back his earlier statement, telling a House Judiciary Committee that there is ” no institution … who cannot be investigated and prosecuted by the United States Department of Justice.”
This article has been updated to include the charge against those who were arrested.
When will the madness stop? Records of court cases throughout our nation shows that banks are being rewarded with mortgage notes not owned by wholesale judicial nullification of the Uniform Commercial Code. Despite the clear mandates that specify precisely how ownership interests in mortgage notes are sold or otherwise transferred, cases are being resolved in favor of banks without application of the UCC.
No string of cases is more indicative of this than those involving former Washington Mutual Bank, the Federal Deposit Insurance Corporation and JPMorgan Chase Bank. Court records show that Chase Bank, with the full cooperation and assistance of courts, are fraudulently enforcing mortgage notes that were originated by WAMU. The Purchase and Assumption Agreement, Article III, Section 3.3, specifies that all notes purchased by Chase from the FDIC be evidenced by either a (no warranty) “Receiver’s Deed” or a “Receiver’s Bill of Sale”. Yet, Courts deciding standing in favor of Chase Bank, has relieved Chase from having not only having to produced the just described instruments, but also without having to produce the original mortgage instruments. This has shown to be pervasive throughout the United States in both state and federal courts. See Ronald Williams et al. vs. JPMorgan Chase Bank et al., USDC Nev. No. 2:10-cv-00118 PMP-PAL, USDCA, 9th Cir. No. 10-16102, USSC No. 12-159.
The above cited are our cases from the district court to the United States Supreme Court. The records show that the UCC simply was not applied and enforced as to the question whether Chase Bank had standing to enforce our mortgage note as originated by former Washington Mutual Bank. We are at 702 270-9937. Our case is a posture child of just what ails our system of justice as it pertains to fraud being perpetrated by banks against mortgage notes
I have been trying to get WF to remove derogatory information from my credit report. The office of executive complaints called me and told me that their findings was that they were not in the wrong. My payment back in 2008 did not make to them in time to post it, even though the forebearance stated that I could get it in on or before the due date. She told me that they received it on the day scheduled but it couldn’t be posted the same day it arrived. She said foreclosure was already in place before the check go there and that they just continued to process the foreclosure further. WF will not be removing anything from my credit report at this time. Believe me, I will not give up. This is just one obstacle. I am going around it and we all will win this fight. There is a loophole somewhere in this and I will definitely find it.
According to the Missouri AG office website “Missourians who have been foreclosed upon are eligible to receive roughly $2,000 each, up to about $31 million. Nationwide, $1.5 billion will be distributed to some 750,000 borrowers”
This is a new video with the same old script. I made it to show the first call was not some poor misguided Rust employee misstating information.
I have also sent the video to the AG offices to show this is going on day in and day out and unless they ask some very direct answers we will all be left in dark settling for crumbs.
Rust Consulting needs to be held accountable and I for one am sick and tired of the Banks having control over our destiny. They control Rust…no doubt about it! AG offices in the dark as is the Banking Committee. I hope Senator Warren gives them hell!
Please feel free to pass it on, post it wherever you can!
Like the picture in the video…kind of how I picture their executives lol
Here’s the latest about HAMP Fraud. This should give us hope that our application for IFR was based on our collective experiences before were were ripped off by the criminal servicers. Everything we said was true. Just read this 56-page complaint or the highlighted parts, the check the new site for us at nakedcapitalism.com. We have to stick together and never, ever give up. We will fight those criminals.
Here’s the link: http://www.documentcloud.org/documents/324428-greg-mackler-complaint.html
I got a call this morning from the press secretary for the AG office about the video I sent to all the AG offices. Office of the Controller, Government Accountability office and then some. There is a hearing/meeting with Rust Executives..Parks and Holland. They are asking why Rust cannot provide “us” with answers and why they are referring callers back to AG offices when Rust is the only source of accurate information as the administrator. I gave them permission to use my name just in case there is any kind of retaliation by Rust in delaying my payment for going after them. Does sit on the back of my mind that these people are capable of doing anything to get their way.
I was so fricking happy to read your posting after I got the call. There were some very nasty postings on youtube about the video, we assume it was Rust Consulting people. YouTube promptly removed and blocked the posters.
More than 500 people have viewed the video and every AG office of every state was sent the link. God…I pray we have opened some eyes and answers come with a big fat check for all of us!
Thank you, thank you and thank you to everyone for getting us out there. We have been so humbled by our experiences and loss, so I hope in the end we “show them” enough is enough and we are not going to “take it anymore”.
I am working on another video to take place after the meeting to see if anything has changed with their call center. I think we have to keep on top of them no matter the outcome of this hearing/meeting.
Hugs to all of you!
I seem to have every flavor of Chase on my loan and my PREVIOUS loan that was paid off to…Chase..one of it’s many tentacles. They went from being the administrative servicer, to the NEW original lender to now being the investor. And still won’t answer why BofA was still in “my” MERS records although I did not have a MERS loan for at least two years and then why a NEW MERS record was created with a date two years before it existed and AFTER Jamie Dimon had disavowed Chase from MERS. Even WaMu is being referred to regarding this loan after it reared it’s ugly head on my credit report in 2005 putting me into my PREVIOUS predatory loan where I ended up with a HIGH payment. So I never got the “benefit” of the EVIL sub prime low payment loan.
Another good stat I’ve heard was that the COMPLETE value of the TOTAL sub prime market was $1 trillion. So why did Wall St need to get bailed out with 15-20 x that amount. It gets astronomical if the default amounts of these loans were only a fraction of the total trillion.
It’s great we have these stories, movies but the “non-profits”, political action groups are going along with the same emotional, morality approach that has been used against us to treat us like deadbeats and second class citizens.
We need to unite and demand that OUR representatives, at every level, make sure these thieves pay us back or they are accessories to these CRIMES and TRAITORS to our country. Otherwise these numbers are out there stuck in cyber space or buried in page 100 of the Business sections.
One of my points I missed was that in terms of stories etc I feel we should be more direct and not go along w/ the language they’ve used against such as “too big to fail” but start usig language such as monopolies, anti trust and theft of our community and nation’s wealth.
What would happen if the Federal Reserve was shut down permanently? That is a question that CNBC asked recently, but unfortunately most Americans don’t really think about the Fed much.
Most Americans are content with believing that the Federal Reserve is just another stuffy government agency that sets our interest rates and that is watching out for the best interests of the American people. But that is not the case at all.
The truth is that the Federal Reserve is a private banking cartel that has been designed to systematically destroy the value of our currency, drain the wealth of the American public and enslave the federal government to perpetually expanding debt.
During this election year, the economy is the number one issue that voters are concerned about. But instead of endlessly blaming both political parties, the truth is that most of the blame should be placed at the feet of the Federal Reserve.
The Federal Reserve has more power over the performance of the U.S. economy than anyone else does. The Federal Reserve controls the money supply, the Federal Reserve sets the interest rates and the Federal Reserve hands out bailouts to the big banks that absolutely dwarf anything that Congress ever did.
If the American people are ever going to learn what is really going on with our economy, then it is absolutely imperative that they get educated about the Federal Reserve.
The following are 10 things that every American should know about the Federal Reserve….
#1 The Federal Reserve System Is A Privately Owned Banking Cartel
The Federal Reserve is not a government agency.
The truth is that it is a privately owned central bank. It is owned by the banks that are members of the Federal Reserve system. We do not know how much of the system each bank owns, because that has never been disclosed to the American people.
The Federal Reserve openly admits that it is privately owned. When it was defending itself against a Bloomberg request for information under the Freedom of Information Act, the Federal Reserve stated unequivocally in court that it was “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
In fact, if you want to find out that the Federal Reserve system is owned by the member banks, all you have to do is go to the Federal Reserve website….
The twelve regional Federal Reserve Banks, which were established by Congress as the operating arms of the nation’s central banking system, are organized much like private corporations–possibly leading to some confusion about “ownership.” For example, the Reserve Banks issue shares of stock to member banks. However, owning Reserve Bank stock is quite different from owning stock in a private company. The Reserve Banks are not operated for profit, and ownership of a certain amount of stock is, by law, a condition of membership in the System. The stock may not be sold, traded, or pledged as security for a loan; dividends are, by law, 6 percent per year.
Foreign governments and foreign banks do own significant ownership interests in the member banks that own the Federal Reserve system. So it would be accurate to say that the Federal Reserve is partially foreign-owned.
But until the exact ownership shares of the Federal Reserve are revealed, we will never know to what extent the Fed is foreign-owned.
#2 The Federal Reserve System Is A Perpetual Debt Machine
As long as the Federal Reserve System exists, U.S. government debt will continue to go up and up and up.
This runs contrary to the conventional wisdom that Democrats and Republicans would have us believe, but unfortunately it is true.
The way our system works, whenever more money is created more debt is created as well.
For example, whenever the U.S. government wants to spend more money than it takes in (which happens constantly), it has to go ask the Federal Reserve for it. The federal government gives U.S. Treasury bonds to the Federal Reserve, and the Federal Reserve gives the U.S. government “Federal Reserve Notes” in return. Usually this is just done electronically.
So where does the Federal Reserve get the Federal Reserve Notes?
It just creates them out of thin air.
Wouldn’t you like to be able to create money out of thin air?
Instead of issuing money directly, the U.S. government lets the Federal Reserve create it out of thin air and then the U.S. government borrows it.
Talk about stupid.
When this new debt is created, the amount of interest that the U.S. government will eventually pay on that debt is not also created.
So where will that money come from?
Well, eventually the U.S. government will have to go back to the Federal Reserve to get even more money to finance the ever expanding debt that it has gotten itself trapped into.
It is a debt spiral that is designed to go on perpetually.
You see, the reality is that the money supply is designed to constantly expand under the Federal Reserve system. That is why we have all become accustomed to thinking of inflation as “normal”.
So what does the Federal Reserve do with the U.S. Treasury bonds that it gets from the U.S. government?
Well, it sells them off to others. There are lots of people out there that have made a ton of money by holding U.S. government debt.
In fiscal 2011, the U.S. government paid out 454 billion dollars just in interest on the national debt.
That is 454 billion dollars that was taken out of our pockets and put into the pockets of wealthy individuals and foreign governments around the globe.
The truth is that our current debt-based monetary system was designed by greedy bankers that wanted to make enormous profits by using the Federal Reserve as a tool to create money out of thin air and lend it to the U.S. government at interest.
And that plan is working quite well.
Most Americans today don’t understand how any of this works, but many prominent Americans in the past did understand it.
For example, Thomas Edison was once quoted in the New York Times as saying the following….
That is to say, under the old way any time we wish to add to the national wealth we are compelled to add to the national debt.
Now, that is what Henry Ford wants to prevent. He thinks it is stupid, and so do I, that for the loan of $30,000,000 of their own money the people of the United States should be compelled to pay $66,000,000 — that is what it amounts to, with interest. People who will not turn a shovelful of dirt nor contribute a pound of material will collect more money from the United States than will the people who supply the material and do the work. That is the terrible thing about interest. In all our great bond issues the interest is always greater than the principal. All of the great public works cost more than twice the actual cost, on that account. Under the present system of doing business we simply add 120 to 150 per cent, to the stated cost.
But here is the point: If our nation can issue a dollar bond, it can issue a dollar bill. The element that makes the bond good makes the bill good.
We should have listened to men like Edison and Ford.
But we didn’t.
And so we pay the price.
On July 1, 1914 (a few months after the Fed was created) the U.S. national debt was 2.9 billion dollars.
Today, it is more than more than 5000 times larger.
Yes, the perpetual debt machine is working quite well, and most Americans do not even realize what is happening.
#3 The Federal Reserve Has Destroyed More Than 96% Of The Value Of The U.S. Dollar
Did you know that the U.S. dollar has lost 96.2 percent of its value since 1900? Of course almost all of that decline has happened since the Federal Reserve was created in 1913.
Because the money supply is designed to expand constantly, it is guaranteed that all of our dollars will constantly lose value.
Inflation is a “hidden tax” that continually robs us all of our wealth. The Federal Reserve always says that it is “committed” to controlling inflation, but that never seems to work out so well.
And current Federal Reserve Chairman Ben Bernanke says that it is actually a good thing to have a little bit of inflation. He plans to try to keep the inflation rate at about 2 percent in the coming years.
So what is so bad about 2 percent? That doesn’t sound so bad, does it?
Well, just consider the following excerpt from a recent Forbes article….
The Federal Reserve Open Market Committee (FOMC) has made it official: After its latest two day meeting, it announced its goal to devalue the dollar by 33% over the next 20 years. The debauch of the dollar will be even greater if the Fed exceeds its goal of a 2 percent per year increase in the price level.
#4 The Federal Reserve Can Bail Out Whoever It Wants To With No Accountability
The American people got so upset about the bailouts that Congress gave to the Wall Street banks and to the big automakers, but did you know that the biggest bailouts of all were given out by the Federal Reserve?
Thanks to a very limited audit of the Federal Reserve that Congress approved a while back, we learned that the Fed made trillions of dollars in secret bailout loans to the big Wall Street banks during the last financial crisis. They even secretly loaned out hundreds of billions of dollars to foreign banks.
According to the results of the limited Fed audit mentioned above, a total of $16.1 trillion in secret loans were made by the Federal Reserve between December 1, 2007 and July 21, 2010.
The following is a list of loan recipients that was taken directly from page 131 of the audit report….
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
So why haven’t we heard more about this?
This is scandalous.
In addition, it turns out that the Fed paid enormous sums of money to the big Wall Street banks to help “administer” these nearly interest-free loans….
Not only did the Federal Reserve give 16.1 trillion dollars in nearly interest-free loans to the “too big to fail” banks, the Fed also paid them over 600 million dollars to help run the emergency lending program. According to the GAO, the Federal Reserve shelled out an astounding $659.4 million in “fees” to the very financial institutions which caused the financial crisis in the first place.
Does reading that make you angry?
It should.
#5 The Federal Reserve Is Paying Banks Not To Lend Money
Did you know that the Federal Reserve is actually paying banks not to make loans?
It is true.
Section 128 of the Emergency Economic Stabilization Act of 2008 allows the Federal Reserve to pay interest on “excess reserves” that U.S. banks park at the Fed.
So the banks can just send their cash to the Fed and watch the money come rolling in risk-free.
So are many banks taking advantage of this?
You tell me. Just check out the chart below. The amount of “excess reserves” parked at the Fed has gone from nearly nothing to about 1.5 trillion dollars since 2008….
But shouldn’t the banks be lending the money to us so that we can start businesses and buy homes?
You would think that is how it is supposed to work.
Unfortunately, the Federal Reserve is not working for us.
The Federal Reserve is working for the big banks.
Sadly, most Americans have no idea what is going on.
Another example of this is the government debt carry trade.
Here is how it works. The Federal Reserve lends gigantic piles of nearly interest-free cash to the big Wall Street banks, and in turn those banks use the money to buy up huge amounts of government debt. Since the return on government debt is higher, the banks are able to make large profits very easily and with very little risk.
This scam was also explained in a recent article in the Guardian….
Consider this: we pretend that banks are private businesses that should be allowed to run their own affairs. But they are the biggest scroungers of public money of our time. Banks are lent vast sums of money by central banks at near-zero interest. They lend that money to us or back to the government at higher rates and rake in the difference by the billion. They don’t even have to make clever investments to make huge profits.
That is a pretty good little scam they have got going, wouldn’t you say?
#6 The Federal Reserve Creates Artificial Economic Bubbles That Are Extremely Damaging
By allowing a centralized authority such as the Federal Reserve to dictate interest rates, it creates an environment where financial bubbles can be created very easily.
Over the past several decades, we have seen bubble after bubble. Most of these have been the result of the Federal Reserve keeping interest rates artificially low. If the free market had been setting interest rates all this time, things would have never gotten so far out of hand.
For example, the housing crash would have never been so horrific if the Federal Reserve had not created such ideal conditions for a housing bubble in the first place. But we allow the Fed to continue to make the same mistakes.
Right now, the Federal Reserve continues to set interest rates much, much lower than they should be. This is causing a tremendous misallocation of economic resources, and there will be massive consequences for that down the line.
#7 The Federal Reserve System Is Dominated By The Big Wall Street Banks
Even since it was created, the Federal Reserve system has been dominated by the big Wall Street banks.
The following is from a previous article that I did about the Fed….
The New York representative is the only permanent member of the Federal Open Market Committee, while other regional banks rotate in 2 and 3 year intervals. The former head of the New York Fed, Timothy Geithner, is now U.S. Treasury Secretary. The truth is that the Federal Reserve Bank of New York has always been the most important of the regional Fed banks by far, and in turn the Federal Reserve Bank of New York has always been dominated by Wall Street and the major New York banks.
#8 It Is Not An Accident That We Saw The Personal Income Tax And The Federal Reserve System Both Come Into Existence In 1913
On February 3rd, 1913 the 16th Amendment to the U.S. Constitution was ratified. Later that year, the United States Revenue Act of 1913 imposed a personal income tax on the American people and we have had one ever since.
Without a personal income tax, it is hard to have a central bank. It takes a lot of money to finance all of the government debt that a central banking system creates.
It is no accident that the 16th Amendment was ratified in 1913 and the Federal Reserve system was also created in 1913.
They have a symbiotic relationship and they are designed to work together.
We could fill Congress with people that are committed to ending this oppressive system, but so far we have chosen not to do that.
So our children and our grandchildren will face a lifetime of debt slavery because of us.
I am sure they will be thankful for that.
#9 The Current Federal Reserve Chairman, Ben Bernanke, Has A Nightmarish Track Record Of Incompetence
The mainstream media portrays Federal Reserve Chairman Ben Bernanke as a brilliant economist, but is that really the case?
Let’s go to the videotape.
The following is an extended excerpt from an article that I published previously….
———-
In 2005, Bernanke said that we shouldn’t worry because housing prices had never declined on a nationwide basis before and he said that he believed that the U.S. would continue to experience close to “full employment”….
“We’ve never had a decline in house prices on a nationwide basis. So, what I think what is more likely is that house prices will slow, maybe stabilize, might slow consumption spending a bit. I don’t think it’s gonna drive the economy too far from its full employment path, though.”
In 2005, Bernanke also said that he believed that derivatives were perfectly safe and posed no danger to financial markets….
“With respect to their safety, derivatives, for the most part, are traded among very sophisticated financial institutions and individuals who have considerable incentive to understand them and to use them properly.”
In 2006, Bernanke said that housing prices would probably keep rising….
“Housing markets are cooling a bit. Our expectation is that the decline in activity or the slowing in activity will be moderate, that house prices will probably continue to rise.”
In 2007, Bernanke insisted that there was not a problem with subprime mortgages….
“At this juncture, however, the impact on the broader economy and financial markets of the problems in the subprime market seems likely to be contained. In particular, mortgages to prime borrowers and fixed-rate mortgages to all classes of borrowers continue to perform well, with low rates of delinquency.”
In 2008, Bernanke said that a recession was not coming….
“The Federal Reserve is not currently forecasting a recession.”
A few months before Fannie Mae and Freddie Mac collapsed, Bernanke insisted that they were totally secure….
“The GSEs are adequately capitalized. They are in no danger of failing.”
For many more examples that demonstrate the absolutely nightmarish track record of Federal Reserve Chairman Ben Bernanke, please see the following articles….
*”Say What? 30 Ben Bernanke Quotes That Are So Stupid That You Won’t Know Whether To Laugh Or Cry”
*”Is Ben Bernanke A Liar, A Lunatic Or Is He Just Completely And Totally Incompetent?”
But after being wrong over and over and over, Barack Obama still nominated Ben Bernanke for another term as Chairman of the Fed.
———-
#10 The Federal Reserve Has Become Way Too Powerful
The Federal Reserve is the most undemocratic institution in America.
The Federal Reserve has become so powerful that it is now known as “the fourth branch of government”, but there are less checks and balances on the Fed than there are on the other three branches.
The Federal Reserve runs the U.S. economy but it is not accountable to the American people. We can’t vote those that run the Fed out of office if we do not like what they do.
Yes, the president appoints those that run the Fed, but he also knows that if he does not tread lightly he won’t get the money from the big Wall Street banks that he needs for his next election.
Thankfully, there are a few members of Congress that are complaining about how much power the Fed has. For example, Ron Paul once told MSNBC that he believes that the Federal Reserve is now actually more powerful than Congress…..
“The regulations should be on the Federal Reserve. We should have transparency of the Federal Reserve. They can create trillions of dollars to bail out their friends, and we don’t even have any transparency of this. They’re more powerful than the Congress.”
As members of Congress such as Ron Paul have started to shed some light on the activities of the Federal Reserve, that has caused many in the mainstream media to come to the defense of the Fed.
For example, a recent CNBC article entitled “If The Federal Reserve Is Abolished, What Then?” makes it sound like there is absolutely no other rational alternative to having the Federal Reserve run our economy.
But this is not what our founders intended.
The founders did not intend for a private banking cartel to issue our money and set our interest rates for us.
According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress has been given the responsibility to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”.
So why is the Federal Reserve doing it?
But the CNBC article mentioned above makes it sound like the sky would fall if control of the currency was handed back over to the American people.
At one point, the article asks the following question….
“How would the U.S. economy then function? Something has to take its place, right?”
No, the truth is that we don’t need anyone to “manage” our economy.
The U.S. Treasury could be in charge of issuing our currency and the free market could set our interest rates.
We don’t need to have a centrally-planned economy.
We aren’t China.
And it goes against everything that our founders believed to be running up so much government debt.
For example, Thomas Jefferson once declared that if he could add just one more amendment to the U.S. Constitution it would be a ban on all government borrowing….
I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of its Constitution; I mean an additional article, taking from the federal government the power of borrowing.
Oh, how things would have been different if we had only listened to Thomas Jefferson.
Please share this article with as many people as you can. These are things that every American should know about the Federal Reserve, and we need to educate the American people about the Fed while there is still time.
It is known that Chase owns 52 percent of the Federal Reserve Bank of New York . and it is also the majority stockholder in MERS
there is a bid difference between the federal reserve banks and its owners and the Federal Reserve Board. My mom worked there for many years and her checks said U.S. Treasury Dept like all other federal employees. so this factoid may need some real digging to find out the truth as to whether the FEDERAL REserve Board is a federal agency. Independent and not under control of the U.S. Treasury Dept.
if you think FED think Chase if you think Chase. the dividing line where they are distinguishable is merky at best.
about $ 90 billion of that money was from TARP or taxpayer money.
HBO FILM: Too Big To Fail: Opening The Vault On The Financial Crisis
The new HBO original film, “Too Big To Fail”, premieres on Monday, May 23 only on HBO. http://www.youtube.com/watch?v=wVV6dzDO …
“Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.”
I called the Oversight office on Friday and spoke to a woman there who was definite that neither
Mr. Smith or that office had anything to do with Rust’s administration of these cash payments. She said they are only overseeing the other aspects of the settlement.
Sadly, Rust Consulting is seemingly on their own here – no oversight or accountability, and even as of today, not even the decency to update the NMS site to explain this change in payment dates. I got an e-mail from one of them saying that the change to “mid to late May”, in his words – “should not have been made”, but NO explanation why it was or why it was left uncorrected for 2 weeks or more.
The NMS site is not reliable, as Rust has already proven- why should we believe it this time?
Bank regulators keeping tally of checks cashed in the Independent Foreclosure Review (IFR) mailings put the running total at more than $2 billion as of Thursday, but that amount should have been higher if not for more fumbling by the paying agent, Rust Consulting.
Compensation checks in the IFR borrower-abuse agreement have gone through four mailing waves since April 12. The last one on May 3 turned out to have short-changed many recipients.
Rust Consulting conceded that more than 40 percent of the 217,000 checks that went out that day, or 96,000, underpaid recipients. Rust had already faced some chastising from the Federal Reserve after the first phase of payouts on April 12, when some of those initial checks actually bounced.
For the up to 4 million compensation recipients, the payments screw-up is adding to their anger over getting less than they thought they should, compared to the abuses they were dealt during wrongful or botched foreclosures in 2009 and 2010.
Borrowers see this phase in the two-year-old IFR process has yet another salvo from the big banks and their regulators, who have come under intense heat from consumer advocates and many lawmakers over the foreclosure reviews abandoned in haste this January in favor of a $9 billion settlement with 13 mortgage servicers.
Now comes the sequel to the IFR payments: compensation checks in the other agreement, the older National Mortgage Settlement (NMS), reached more than a year ago with five top U.S. lenders: Ally/GMAC; Bank of America; Citi; JPMorgan Chase; and Wells Fargo. Up to 750,000 borrowers may be eligible for NMS payments, totaling $1.5 billion. Some borrowers are eligible for both IFR and NMS checks.
Rust Consulting is also the paying agent for the NMS, approved by bank regulators to handle mailings and payments for both settlements.
In February, the National Mortgage Settlement official website was updated to say that checks to NMS claimants would be mailed out by “mid-year 2013.” That statement went unchanged for two months until April 22, when suddenly it said checks would go out in“4 to 6 weeks.”
Borrowers were even more encouraged a few days ago when the website message was tightened to say payments would be mailed “mid to late May.”
However, suddenly the website statement’s timetable changed yet again, reverting back to “mid-2013″ this week, further infuriating many eligible NMS borrowers, many of whom have expressed their anger through comments on eCreditDaily.
Many decided to call or text executives at Rust Consulting to get a clearer answer on the NMS timetable. Others have tried contacting their state attorney general or bank regulators. Still no clear answer on the NMS payment dates.
One thing seems clear. The very latest shift back to a “mid-2013″ NMS payout timetable coincided with Rust Consulting’s latest snafu with the fourth wave of IFR checks mailed out on May 3. Those checks to 96,000 borrowers are tied to loan servicing errors or wrongdoing by Goldman Sachs (Litton Loan Servicing) and Morgan Stanley (Saxon Mortgage Services).
Rust Consulting said it has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were supposed to be paid, according to the Federal Reserve.
Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.
The report, due to be released in June, is expected to be critical, reflecting complaints from housing counselors and state AGs over continued foreclosure-prevention mishandling or delays by the big banks. New York Attorney General Eric T. Schneiderman said this week that his office will file lawsuits against Bank of America and Wells Fargo for “repeatedly” violating the settlement’s rules.
Meanwhile, borrowers can file a complaint about their servicers through this page on the NMS overseer’s website. Or, consumers can file mortgage-related complaints directly through the Consumer Financial Protection Bureau.
Cell numbers for Rust Consulting Executives who are involved in the National Mortgage Settlement contract with the AG offices.
Send them a text or two
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
I would encourage everyone to contact Russ Consulting/National Mortgage Settlement Administrator. Even after receiving confirmation from the Indiana Attorney General’s Office last Spring that I didn’t need to do anything more after filing my complaint with the IAGs office, that I was automatically included in this settlement, when I contacted the National Mortgage Settlement Administrator last month to inquire why I had not yet received a ‘postcard’ from them, I was informed that JP Morgan Chase had not reported my Illegal Foreclosure to be included in the National Mortgage Settlement!
Watch the video. It is an actual call to Rust Consultings National Mortgage Settlement Call Center.
The employee lies and gets caught!
Rust Consulting Executives can be reached here:
Instead of calling the call center where you cannot get answers…call their cells phones or send them a text. Tell them you want answers!
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
My fiance of nearly 7 yrs passed away…we had many bussiness accounts together, I am his sole heir, hand written will, other documents etc….this foreclosure happened during our time together, affecting my finances and his, the check came in his name…will I be able to cash it as with other ins payouts etc or do I need to get more legal help…
This is actually a more personal response in regards to your post. I too have personally have a story of heart ache with a austitic child and Saxon and new century and Wells Fargo we are one week away from being evicted but I think in the process of all of this and many ,I have heard stories of black wholes and sad downright heart breaking, needs to be told as I was apart of this myself . So I am in the process of a book the other side. People need to know what is happening and has happened maybe it is too late for us but I do not want to see anyone go thru this . It is downright criminal and lacks humanity for many . If you want to share anything you can let me know I am addressing several stories it may take some time but I know for a fact if any other company ran business this way no one would be employed unless they wanted it this way.
Rust Consulting, the paying agent for the Independent Foreclosure Review (IFR) Payment Agreement, said today that a clerical error led to some borrowers in the May 3, 2013, wave of payments being sent checks for less than the amount that the Federal Reserve directed those borrowers to be paid. Rust has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were to be paid. A letter explaining the reason for the supplemental check will accompany the supplemental check.
In the wave of settlement payments mailed on May 3, 2013, approximately 96,000 borrowers whose loans were serviced by Goldman Sachs (Litton Loan Servicing LP) and Morgan Stanley (Saxon Mortgage Services, Inc.) were affected by the error. The remaining borrowers mailed checks on May 3, 2013 were not affected by the error.
I recieved a $500 check in the mail and could not imagine that all I went thru in the past 4 years was only worth this amount of money. I live in the state of VA and my home was forclosed on in the middle of a modification. JP Morgan Chase is a joke and has gotten away with thousands of forclosures and now the payouts are stolen as well… I really feel that someone needs to step up to the plate and assist homeowners such as myself, who lost their homes, their credit and took years off of their lives with the stress of all that JP Morgan Chase put me thru.
I have been in loan mod hell for 3 1/2 years with Chase. They have no clue what they are doing I have 4 notebook full of bs ,not one rep will tell you the same thing ( so far I am at 28 reps ) . I also have 4 boxes of sumissions and still yet I am no where, even though according to guidelines I qualify. My story with them could fill a novel. I am dealing with the NY S Atty General & our NYS Senator. Not sure where this will go as now I am in preforclosure. If we had only know there is no one watching over the Help for Home Owners Program. Does Obama know that it can take this long> This is not a timely process . They have put me into arrears , late fees ,legal fees , penelties and interest Till you are so far behind when they deny you you cant catch up . Yes as J P Mrgan Chase always says we dont want to take your home! REALLY ! You just force people into giving to you !!! . After 21/2 years in the assumptions dept I just am being told the investor holding my late husbands mortgage does not participate in assumptions. It took them over two years of me doing continuous submissions and many many hours on the phone to finally learn this I have dealt again with them the last 3 days lost moredays at work something else the Help for Homeowners Program does not tell you it is a part time job for you once you start as you have to stay on it always.. Oh yeah it gets worse much worse, than this, just too tired tonight to write any more. I hope tJ P MORGAN CHASE will be held accountable for so many of us loosing our homes due to a very broken sytem where no one oversees it . And where did the bail out money go to help homeowners ?? Chase Bank is so far from a proffesional, ethical institution it just leaves me in disbelief. Shame on all of them !!. I have only just begun with the state level but look out J P MORGAN CHASE as I am going to Oprah and to 60 Minutes to expose your terrible injustices !!! I have had enough !!!!!!!
.
Sheryl, what state are you and the law firm based out of.
I’ve been pro-se since 2006 and I now own my home without a deed of trust or note but now comes the rough stuff and I could use a good firm or a good lawyer for the law suit stage of my recovery.
I spent hundreds of hours sending out hundreds of emails trying to get a lawyer…finally, I found Fraser, Trebilcock and Dunlap our of Lansing. They have law firms in other states as well…here is the link; they may be able to help some of you that are having trouble finding an attorney. The link is http://fraserlawfirm.com/
There is a class action suit that the Dept. of Justice filed with WF. It is for
discrimination against african-americans and hispanics. If you bought a home
between 1-1-2004 – 12-31-2009, you may qualify. The deadline is 6-25-2013. If
you obtained a loan with WF and you were given a 80/20 or some other type of
loan instead of a prime loan and could of qualified for a prime loan if you had
been considered for one, you may qualify for this suit. Call 1-866-329-5282,
Epig Class Action & Claims Solutions, to get them to send you a packet. You fill
the packet out and send it back to see if you qualify for this settlement.
Well I got my whooping $2000 the other day. Did anyone notice the framework changed when Russ Consulting began to send out payments? I’m ready to file as lawsuit but it appears Bank of America must retain many lawyers in North Carolina (where I need to file) as I have been getting a lot of “sorry it would be a conflict of interest if we took your case”. Any suggestions?
My father just received a check for $2000.00 and we want to know if there still may be recourse to the lost of his house in Arizona. Does anyone have a idea about the law or what to pursue.
Thanks.
Thank you James. Waiting to be approved on Hamlet. I would love for you to give me an opinion on my case. My e-mail is mspie_2000@yahoo.com if you want to contact me and I can e-mail you my summons and answer. I can fill you in on any other details since then also. I really appreciate your help. Thank You. .
I am Pro Se by the way. You are correct I live in Miami, Florida.
“I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008?”
I am not a lawyer but I DO have the answers to your questions if your case is in Florida which, by the mill you mentioned, I think it is. You must be very careful NOT to file any paperwork in the court record if hoping for a dismissal for lack of prosecution. Contact me, there is a right way, and a wrong way, the difference is not clearly explained but the outcomes are very different. Contact me through Foreclosure Hamlet or Foreclosure Warriors under JamesM or JamesX. I think I can clarify the procedure and SOL issues.
On May 26, 1816, in a letter to John Taylor, Thomas Jefferson stated “The system of banking we have both equally and ever re-probated I contemplate it as a blot left in all our constitutions, which, if not covered, will end in their destruction, which is already hit by the gamblers in corruption, and is sweeping away in its progress the fortunes and morals of our citizens. … And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.
It is amazing how prophetic this man was. He saw the banking industry, over 181 years ago, as a threat to our country. He knew, that if the banking industry went unchecked, it would become exactly what it has become; above the law, reckless and basically untouchable.
The government participates in this by bailing out these giants and most media, even though they are made aware of it, turn a blind eye, until it’s too big to ignore. Everyone had a quick fix with loan modifications, only to create another huge financial fiasco, that again, facilitated by acts of false promises and, at least in this writers eyes, theft by the banks.
These mammoth institutions pay astronomical legal fees to have the laws twisted in their favor. A comma can make all the difference in the world and is used to manipulate the law in their favor. Their representation spares no expense to drain the homeowners dry, spit them out and steal their homes. Their crimes are above reproach because they have the most money…if you run out of money in the legal game, or don’t have an attorney who is willing to go through this at a risk of no pay, they, as a fighting homeowner, are done.
Unless they are willing to spend countless hours, days, weeks, months and years, picking themselves up, every day, to continue the fight, they, too, will become another heap upon the sidewalks of our nation; homeless and doomed to be a renter for the rest of their lives. These institutions will have full control over all the property and by the time their grandchildren are old enough to “buy” a house, there will be no buying…they will just be paying rent to the banks. Oh, that’s right, they’ve been doing that for years anyhow.
If victims of mortgage fraud, allow their fears to rule them; if they allow the fears of others to direct them, then we will never win this war against the banks. This is a call to action, not an “I’ll sit here and see who comes to help,” situation. If you are not willing to fight for your rights as a citizen in this country and stand up for what is right and just, the banks will win.
I know as well as anyone in this country what it is to go against these institutions…and I could give you all kinds of advice; however, what you need, most of all, is to overcome your fears. You need to wake up each and every morning, more convinced than the next, that one way or another you are going to stand up for your rights as a citizen in the country; and if they keep beating you down, you just keep getting up.
I used to walk away from things when I was younger out of fear; let someone else deal with it, was my motto. That is no way to deal with life and it is definitely not how to deal with those that have harmed your life. This is not something that can be done alone. All victims need to stand together and ensure that our grandchildren will have a chance at experiencing what it means to be a true American; owning homes and living the American dream.
From another post prev made that supports post to kb
“…The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
I have some ‘hypothetical’ questions – particularly for those possessing knowledge of Florida real property law.
It’s 2002. Let’s say — hypothetically — one purchased a home for $200,000. One takes out a smaller loan for property repairs, totaling $50,000. The purchaser decides to refinance the two loans into one, and now has one mortgage totaling $250,000.
Fast forward to present day. The borrower stopped making payments. It is discovered that the original release of mortgage for the initial $200,000 home purchase was signed by Linda Green. How would that document support the borrower’s defense? Is that release of mortgage considered a fraudulent document? Is the mortgage that was signed during the refinance considered void if the borrower was unaware that (s)he was technically on the hook for the original $200,000 purchase, as the original mortgage was never officially satisfied? Keep in mind that the refinanced loan is dated BEFORE the release of the original mortgage. Does that mean the borrower is technically on the hook for both the refinanced loan AND the original loan?
You have no defense based on a mortgage discharge. It did not cause you any injury. Only the note holder has an actionable claim to a wrongful discharge of a mortgage.
FYI, a satisfied note discharges the mortgage by operation of law, whether it is recorded or not. Your refinance loan documents would be used against you if you plead that issue.
Good hypothetical that people can people can learn from. I would agree with Tim but it raises many questions besides the mortgage discharge issue. From robosigning to settlements there can be some good lessons here.
Neil Garfield made a post about following the money. So hypothetically speaking the Green document should be the starting point. If it was just a “mistake” as the settlements have tried to frame every case then they could go back and fix the documents. Otherwise, it needs to be confirmed beyond the release whether a transaction took place. From the settlements, language such as competent and reliable evidence can be used. Here is where the borrower may want to request the paid off promissory note of refinanced loan if not previously delivered.
If it cannot be produced and previous lender cannot confirm payment then the hypothetical borrower may be able to claim that there is a danger of “double jeopardy”. Courts, lawyers have been saying it’s too far fetched but seems to be changing.
The other issue would be whether the servicer and/or lender received any compensation from third party and whether payments were applied correctly. Here you could request payment history and from Nye Lavalle’s report I believe he suggests that borrower’s need to see the custodian’s accounting and not simply the servicer’s payment history.
So the Linda Green document has to be a starting point as to whether the servicer/lender/investor can be questioned as to their standing not simply because of the “bad” document but whether any of their information is reliable which is the real benefit of the settlements rather than the measly payoffs. What Garfield/LaValle are suggesting is that the parties or the debt should not even be acknowledged not simply because of bad documents but whether actual transactions have taken place and who has received any funds per the Note/Deed/Mortgage UNLESS there is a proper chain of title and accounting and the parties are legitimate. The bigger question is not if Linda Green was a good signature but whether who she represented is legitimate.
LaValle is suggesting that we need a compromise solution outside the courts at this point from all parties for the sake of the country. The independent audit is a joke if that was the intent but may allow us to react and show the real damage Wall St has caused and push our “leaders” for a real compromise solution where we are equal partners and not treated as second class citizens. I don’t agree w/ LaValle completely but is the right direction IMO.
Again, just hypothetically speaking from recent articles etc.
I would believe that it would be considered Misprision of Felony. They could also be sued personally for Color of Law violations. (Yes, federal agents CAN be sued personally when they create a tort outside of their constitutional authority) It is called a Bivens action, named after the precedent setting case, Bivens v. Six Unknown Named Agents, 403 US 388 (1971).
Everyone keeps reporting that the total mortgage victim count (yes victims) is 4.2 Million. On the payout matrix total number is 3.9? Have 300,000 of us died or been wiped out by computers and judges. There has been so much fraud why is there not a category that just simply states “Fraud”. ???
This is a position our Country has never been in. I always thought the US marshals
first allegiance was to the US CONSTITUTION and then to the judges.
So back to how you started this thread , if the marshals have knowledge of something
Illegal happening in the Court don’t they have authority to stop what is happening to
the citizens of this country in regard to their property rights
The US marshals removed me from my two properties with two void ab initio judgments
I found them very decent people, but not fortune tellers and aware of what was about to
happen in this his country.
In the intervening years and all the illegal nightmares be foisted on the people I am sure
they are well aware of how our country is being destroyed. Are they forced to stand idlely
by
Tim I like that 20 year prison stuff for the snakes that are living in my two condos with forged deeds.
is there anything besides a judges order that will get the US Marshalls to remove someone from Property that they are in with a forged deed?
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
@ Shery Sutter – Personally, I love the idea of your petition but also don’t want to sign up with an account with a .gov site. The gov’t is already too much in my pocket and since this site is monitored by them, it’s a ‘no thank you’ to signing!
Done! We have to get public opinion and hold the President, elected officials from both parties accountable if we have the courts, media and everyone else against us.
Great context that counters the attacks by banks accusing us of being deadbeats etc.
Thank you so much. Please pass this on to all the you know that have been affected…if the media are too afraid, we need the power of social media to do it for them.
hammertime
April 27, 2013 at 4:05 PM
I’m working on some ideas, hopefully I can be in touch thru your blog.
After listening to the Pro Se v. Attorney arguments, I would like to inject another avenue for homeowners. Many law schools, such as Harvard, have legal aid services for those who cannot afford an attorney. http://www.harvardlegalaid.org/projects/foreclosure-task-force
Chances are that you do not owe taxes to the town. The servicers usually have to advance them themselves to protect the interests of the investor. Go to your town hall and get a printout of your property tax history.
Tim, the other day you stated that in securitization there is no “Lender” and no “_____. “I forgot a couldn’t that comment again. Could you tell me what the other part ? Thanks.
Karen, if it is a securitized trust, you can also attempt to make them show the UCC financing statement for the assets of the trust. They never file these, since the trusts do not receive the financial assets which create the corpus. The original lenders hold onto the assets until foreclosure. They are not sold, they are pledged.
Karen, Wells Fargo’s employee can not testify to an endorsement on a negotiable instrument, which they did not make. It is hearsay. The only person who can testify is the indorser, not the indorsee.
ok , my husband brought up a point that I have not seen addressed , not that I want to lose my home but it looks like from views this is inevitable , so now following sale of house by the bank , if the back taxes are applied and way into a figure that we could not possibly afford what takes place will we then be placed in Federal Prison for not paying taxes on a home that is no longer ours and will have to pay for. As if i am not overwhelmed and depressed enough as it is
This is not legal advice. I have been told of people vacating their homes because the banks foreclosed on them. The homes remained vacant and banks did not change the title, thus, years later the foreclosed on and now former owners were presented with bills for unpaid HOA fess, taxes and home insurance. I am just passing on what I have heard. Look up a not for profit housing counselor group or not for profit foreclosure assistance group be it private or public and ask for assistance in how to protect yourself. You should probably get professional legal assistance and these agencies can point you in the right direction. No need for alarm, just make sure you check it out and cover yourselves.
Have you looked at a Chapter 13 filing? That usually puts the brakes on most creditor actions (including tax debt), and will designate a portion of wages (after living expenses) to pay these vultures. And then if conditions change you can always dismiss the Chp 13.
ForThePeople, I appreciate the kind words. Even though I’ve managed to keep my home away from the TBTF Banksters I know this fight isn’t over, not for me and not for the rest of us. If I sit idly by and watch just one of my neighbors lose their home it affects us all and I’m afraid that those who have yet to be personally touched by this crisis don’t understand how it has or eventually will effect them as well.
I feel so helpless at times when I read these posts and I especially feel frustrated at the injustices being dished out to those of you in Florida.
I wish you all the luck with your second lawyer and your rocket docket courts down there in Florida, Colorado is second only to your state in the disgraceful legislation that has been passed in aide of the Banks and lending institutions.
In Colorado non-judicial foreclosure is accomplished through a Rule 120 hearing where the other party (the Bank, MERS, whoever) comes in and tells the Judge that you are in default, the Judge then asks you when was the last time you made a payment and when you answer truthfully he then grants the order authorizing sale and shortly thereafter your house is sold on the courthouse steps.
Even though the Colorado Supreme Court and the Federal Court of Appeals for the 10th District have clearly stated that Due Process should not suffer in application during a Rule 120 hearing there have been no changes in the procedure.
At my last Rule 120 hearing the petitioning party failed to respond to my written objections and affirmative defenses and during the 45 minutes it took to hold this hearing the Judge ruled that the Note presented by the banks attorney was lacking several signatures requisite to the bank being the legally recognized holder of the note. Despite this the Judge granted the order authorizing sale. I forgot to mention one little thing, neither the Bank nor its Attorneys bothered to show up for the hearing that they themselves petitioned for but the Judge had no problem advocating on their behalf for 45 minutes. Rule 120 hearings are not considered to be a final judgement therefore they are not appealable either.
Believe me, I know what you mean when you say it doesn’t matter, first hand. However, the end result for me is that I now own my house without a note or deed of trust attached, not because I discovered some hidden secret or that I polished my legal skills to a razors edge (you couldn’t cut yourself on my legal skills if you tried), my good fortune came about because I never gave up and I threw up roadblocks against everything the banks threw at me and the dumb bastards forgot to keep an eye on the clock and the staute of limitations ran out on my note 4 months ago. I’m not in disagreement with you ldynps, with or without help of an attorney people need to educate themselves becasue the courtroom can be a really intimidating experiance. So I will say no more about this subject, at least for today.
Go to any courtroom in any county in any State and watch for your self…lawyer or not, the banks are stealing our homes and the courts are allowing it!! Our homes are in jeopardy and people are foolish to believe in the system that has been bought and sold by Wall Steet…the fight is for our very existance and no lawyer can beat their greed…TOO BIG TO FAIL is all around us, fight and save your money…you’re going to need it!
It just doesn’t matter…The Courts are not ruling on law!! That’s the issue…pro se or lyin laywers…the rules are not being protected…it’s criminal not civil!
Well, ldynps. Make sure you’re the first person to console the person who loses their case Pro Se. I am telling people Pro Se is a bad move and I am NOT an attorney. What are you gonna tell someone who loses their case on the basis of a procedural mistake or detail because they don’t have ANY legal experience? Plz, I’m all for learning and fighting as long as you can,
but to put something you’ve work a lifetime for in jeopardy really is just foolish.
So if you can’t get a lawyer you just walk away…let the big pocket banks win with no fight??? That, IMHO would be foolish. The information needed is out there and can be accessed quite easily albeit time consumming for those of us not trained or educated in the legal field.
If you decide to take on the challenge either to defend or go on the offense as a pro se, you can ask the court to take judicial notice that you are a pro se litigant. The Juidicial Notice also requests the court to not hold you to the highest standards as attorneys. You can find example notices anywhere just by a general search. There are numerous examples out there. This does not mean that you can get a free pass to just slap something together, not worry about the rules of procedure and expect a court to not throw you out. It takes lots of time, lots of tears of frustration, and pushing your brain cells to find, read, comprehend and use the information. It is NOT an easy task. The banks will stop at nothing and stoop to levels so low, if a sport, they would be thrown out of the game. If you are really trying and the court recognizes that, it may, I say, may, give you a chance to allow you your due process. To not be allowed due process based on the inability to have legal counsel, no matter the reason, is unconstitutional. The very worst that could happen is you lose. On the other hand you could partially win by forcing a somewhat meaningful settlement or getting a real and true modification that you can afford if that is what you want or can live with. If you just walk away because you don’t have legal experience or an attorney..you will, for sure, get nothing and may end up still owing the thieves money.That is foolish. Don’t worry about setting bad law or bad legal precedents….in this arena it won’t make no difference no how no way.
I am not a lawyer and I am not giving legal advice. I just don’t want those out there to be discouraged from standing up to these banking cartels and making sure you get your day in court. The more we walk away and give up the more we are telling the courts, our government and the banking cartel that we will allow our due process to be taken away. That will be the end folks when we are not allowed due process.
THis is an article I posted on the examiner about MERS. Let me know your thoughts.
MERS (Mortgage Electronic Registration Systems), the ubiquitous foreclosure management agent to the banks, is the legal will behind almost every foreclosure action in the nation, operating under the cover of an obscure and highly criticized business model.
MERS was introduced to the mortgage industry as a solution to electronically track the nation’s home loans in replacement for traditional land records. But its capacity in tracking loans quickly morphed making the giant a vested entity in the mortgages it helped to originate and in the nation’s foreclosure process it promised to streamline.
MERS plays a changing role in the foreclosure process, making conflicting appearances on the foreclosure scene as both the agent to the foreclosing bank and as a defendant. In a large number of foreclosure actions, homeowners are baffled to see the mortgagee giant named in the foreclosure action as their co-defendant.
But MERS’ appearance as a defendant can ultimately have an undesired effect of aiding the homeowner. This peculiar alignment can potentially change the dynamics of how foreclosure lawsuits are challenged, since MERS, [as mortgagee], can be compelled to defend the mortgagor-mortgagee covenant which it is in fact a party to with the homeowner.
A defense by MERS of the mortgagor-mortgagee covenant adds up to a legal defense for the homeowner until that covenant is dissolved by the court. Furthermore, and perhaps most confounding is that its assumption of the position of defendant can result in MERS being pitted against itself, since MERS is nominated by the bank to effectuate the foreclosure.
MERS can also alter its corporate anatomy to bypass critical laws requiring high ranking banking officers to acknowledge new mortgage assignments. MERS has reputedly assigned the role of Vice President to arbitrary members of its corporate body for a nominal fee of $25 in order to expedite the growing number of foreclosures it processes for fees.
The MERS model of doing business fueled a national opposition which charges MERS with widespread fraud, such a robo-signing by its fictitious VP’s which wrongfully document the transfer of hundreds of thousands of home loans within MERS’ proprietary distribution list of investors.
The allegations of fraud culminated in [some] weakening of the MERS infrastructure and an $8.5 billion dollar national settlement with the federal government and 14 of the largest banks by assets. Foreclosures in many states did decrease, partly due to the increase in homeowner friendly foreclosure rules arising from the MERS controversy.
The MERS business model, which splits and dices home loans before pouring the mix into a complex asset pot known as a securitization pool, remains in large part a mystery to a wide number of state and local courts which preside over the fate of millions of homeowners in foreclosure.
The obscurity of the MERS business model becomes most evident when it’s challenged by the homeowner. Such obscurity enables MERS to deceitfully make itself a defendant and camouflage a highly leveraged position against the homeowner.
I am not going to argue on this pro se issue any further…I never said to be an un-prepared pro se litigent..I believe one will be prepared by following some of the cases on this wonderful website…Lawyers are loosing the houses just as much as pro se litigents, and thats the truth…It doesn’t matter if the banks used forged documents, the Courts are ruling in their favor NO MATTER WHAT! I suggest to be prepared to prove your Complaint because no one knows your case better than YOU! Few…very few…homeowners are winning their cases represented by Lawyers after paying them thousands upon thousands of dollars. The laws are not being obided so fight yourself and save your money! I’m done posting where Attorney’s may be responding!
Believe me, I have no faith in most of the Lawyers in my area. I was just saying DO NOT GO AT IT ALONE, thegrey55 is right when you go Pro Se the system is already slanted against you. If you have a lawyer the system is slanted against you for that matter. However, with a lawyer driving the car and you guiding it, you got a better chance to reach your destination. That is why KNOWING YOUR CASE, THE RULES OF CIVIL PRODECURE, THE LAWS AND PRECEDENTS PERTAINING TO YOUR CASE BETTER THAN YOUR LAWYER Y IS IMPORTANT. IT WILL BETTER YOUR ODDS. GOD BLESS AND KEEP FIGHTING.
I’m sorry, but advising an uneducated homeowner to go it alone and file a complaint is just what the MERS and the Banks want you to do. The majority of the cases that get appealed to a higher court are those that are represented by pro-se litigants. You know why, because MERS and the Banks know they have a better chance of winning those appeals and then what we get are bad decisions becoming precident by virtue of default. I have no problem with pro-se cases, I’m working on my second major filing as we speak but I lost my first one due to my own ignorance.
Believe me, I have no faith in the attorney pool as it now stands but I believe without doubt that an unprepared pro-se litigant will destroy any chance he might have and possibly aide the enemy by getting bad judicial decisions into the books as bad precident.
Those who perished in Donner Pass long ago took a guide who knew less than they did and those who walked out of that mess were better prepared than their fellow travelers so unless you want to end up as meat on the table prepare yourself for the task at hand…..
ALL I have to say is that IT DOESN’T MATTER…pro se or lawyer…the courts are not protecting the rights of we homeowners under attack by the banks Lawyers! Banks and Lawyers are making so much money by stealing our houses, they will not stop! There are/were 63 million loans that were put into the MERS system and those 63 million loans will take some 12-15 years to go through. There are no legal assignments, no notes and no laws are protecting us from this criminal activity. To tell people on this site that you really need a Lawyer is hogwash…the Lawyers are just taking money to pay their own mortgages off!! If laws are not being followed by the Courts, the Lawyers fail because the laws are not protecting us…That is why I urge people to file their own lawsuits against the banks…the lawyers are loosing our cases but they get what little money we have left! This site has all the information needed to fight this battle so just take a deep breath and file your own Complaint citing the fraud the banks are guilty of. You have more knowledge that any Attorney because it’s effecting YOU!
Must be some Atorney’s telling people how stupid it is to fight pro se…they want your money and stupid is as stupid does! Fight the fight!!
Fighting in Ohio, has got it right, you must know your case and the law that applies to it better than your lawyer. The old days of retaining an attorney and going about your business are gone. You will have to push and prod your counsel every inch of the way but don’t rely on internet mumbo-jumbo to make your arguments or you’ll find yourself without an attorney. Base your arguments on the precident of the higher courts in your state of federal district. Personally, I prefer to keep my actions in the state court, these banks seem to have the upper hand in the federal courts. If you wish to avoid having the banks or whoever it is move your case to the federal courts (diversity) then you will need to make sure you have at least one defendant/respondent who resides in your state or who has their business incorporated in your state.
As always: This is not legal advice and I am not an attorney.
You are so right about finding an educated and experienced attorney. Even then they may not be right for your case. I am on my second one and much involved in my 4 yr old case. If anyone is in foreclosure in FL now they better have a fighting attorney or all you will get is a recommendation for a mod. Pay one payment and that 5 yr SOL restarts.
The Grey55 your posts are both informative and inspiring. So nice to hear that you survived and maintained your home. I know how hard you must have fought day in and day out. Thanks for still hanging around and please keep posting.
This is not in reference to foreclosure, but about 15 years ago I dealt with a low level judge in Michigan regarding a child custody/support issue who refused to follow Federal law and decided just to make up the rules the way he wanted to. I, fortunately, had a fearless lawyer who filed a suit against him Federal court for doing this. Yep, you can sue a judge for not doing his job! You would not believe HOW quickly he changed his mind. It take just finding the right, fearless lawyer who wants to see injustices rooted out and addressed as opposed to wanting to avoid stepping on toes. It’s a huge fight, but can be done. I personally think a lot of these judges who signed off on these bogus foreclosures should be sitting in the pokey themselves.
Anytime the Banks bring in one of their so-called expert witnesses you must challenge the testimony as being unqualified hearsay, unsupported by any admissable evidence before the court. Just because someone brings a handful of computer generated documents into court with them that doesn’t authenticate those documents and the parties relying on those documents have to prove the reliability of the system that generated them. Because of the fact that most of those coming into court claiming to be the holder of your note did not originate that note, the documents used to support their theory either came from someone elses system or they were fabricated after the fact. A Witness without personal knowledge of the facts to which they are testifying and who has not examined the original documents and cannot testify as to the reliability of the process used to produce those documnents is not qualified to give sworn testimony. Anyone claiming to be acting as an agent for another is required to produce an Agency Agreement (Power of Attorney) properly executed, this is statutory law in almost every jurisdiction I have come across and some paragraph found in a mortgage or deed of trust, lacking signatures and execution cannot be held up as a grant of agency powers to anyone. The courts know this, the banks know this, MERS knows this, yet we have witnessed one court after another let these usurpers waltz into court without one legitimate document in their posession and then waltz back out with your property. I don’t have the answers as to how we can stop this but I do know that if we ever quit fighting these injustices we will find ourselves in a nation of endentured slaves begging for a roof over our childrens heads and for the food we need to feed them…..
Do you believe in Black Holes, I do and it’s that 10 square miles of filth and destruction called D.C. and it’s sucking the life out of the rest of this country. A swirling mass of hope, life and liberty, education, housing, jobs, income and the American Dream being sucked away from the rest of the country to feed the needs of those who reside in that dark disgusting place. And, nothing comes out the other side. America needs to wake up before it’s to late, this is not the beginning but it will be the end is we can’t figure out a way to stop all of this madness.
I beleive you are 100% correct and maybe by the grace of God that black hole will open up and suck in all of the filth never to be seen or heard from again.
I purchased the complete Jurisditionary course study materials many years ago and while I found it to be an excellent introduction to the way things work in our judicial system it is not the holly grail. The messages and commentary today are the same ones that were used years ago and it fails to stay abreast of the times. It takes long hours of research and the ability to get your arguments in front of the court and the know how to bend the court to your will or actually the will of the precident as determined by the higher courts in your home state. Most of the lower court judges aren’t afraid of having their rediculous rullings overturned because pro-se petitioners often fail to make the necessary objections and proof of claims arguments needed for appeal. We are losing ground every day in the fight for the Rule of Law and finding a qualified attorney to represent you or even one who isn’t qualified is akin to trying to walk on water. If you must proceed pro-se don’t go at it half assed because you will lose.
I AGREE! If you want to fight a battle with the Bank you will need someone with some knowledge of the rules of law in your state. I have found talking to para legals and law students helps alot. Like thegrey55 just said finding a lawyer is hard. Finding a good lawyer is even harder. At least when it comes to fighting or suing the banks. Even when you do get a lawyer you GOT TO KNOW AND UNDERSTAND YOUR CASE BETTER THAN YOUR LAWYER. — USE EVERY RESOURCE YOU CAN.
@ Karen, Make sure the “Note” is legitimate first. I have been made to believe that all of the Note’s that have been filed in these fraudclosure cases Nation wide are all forgeries. First rub your fingers underneath your alleged signature on the Note. See if you can notice any bumps on the paper caused by you pressing down on it with a pen. Then wet your finger and see if you can smear your alleged signature on that Note. If the signature smears and you cannot feel any bumps on the back of the Note behind your alleged signature, then your liars have filed a forged document into the court case.
And if they are willing to forge a legal document in order to steal your house, they are probably willing to invent the story that they have been hired to represent the alleged Plaintiff in your case. Demand proof of claim from the liars that they have been delegated authority by the alleged Plaintiff to represent the alleged plaintiff in your case.
Until such proof is offered I, if I wear in your shoes and this is not legal advice, it is just info sharing, If I were in your shoes I would refer to the Plaintiff and Plaintiff’s Council for now on until you see proof otherwise as alleged Plaintiff and alleged Plaintiff’s Council. You swore to tell the truth and the truth is that you have never seen proof of claim the alleged Opposing Council has ever been authorized to represent the alleged Plaintiff. Until such proof is offered you have every right to think that the liars invented a client styled Plaintiff, etc. in order to steel your house.
I agree that all angles need reviewed for a possible lawsuit but fighting Pro Se without the proper resources does NOT help you. If you at all can get legal assistance I would suggest looking into it. Presenting your case no matter how strong in the wrong manner may only lose your case. If it’s your last resort to go Pro Se, so be it. We can stand in front of a Judge and argue that the transfer of our Mortgage into a securitized trust changes its fabric and may not be foreclosed upon and still have the Judge reply…Huh? If your not using case rulings as support so their decision is obvious you maybe setting yourself up for failure. It may not be brain surgery but it is detailed and procedural.
I have been using many on line sources for help. This being one of them. The one that I refer to the most is one called jurisdictionary. I think it is the best one out there so far. I highly recommend it.
Trust me, if you do a lot of research, you will know the financial transaction better than the foreclosing party. You will have the answers to defend against their obfuscations. In FD, like everything else, KNOWLEDGE IS POWER.
Read your state laws, UCC, securities law, contract law, and applicable federal law. But most importantly, READ YOUR NOTE !!! That is the document that controls every incident to foreclosure. No matter what the mortgage states, the only party that can enforce the note under default, is a party that meets the definition of “Lender” or “Noteholder” stated within it. (HINT: There is no “Lender” or “Note Holder” in securitization).
The most important legal theory to study is “functus officio”. It is a very little known, but very powerful legal doctrine.
@ Tim Bryant. I am trying to get the Illegal Foreclosure and Sale of my home made as public as possible. Can you help me? Could I send the document I created on this Illegal Foreclosure to you for review and input? Thanks in advance for any assistance you might provide.
It’s a mixed bag as to whether you can “win”. Generally we need to keep fighting as best we can and keep in mind the Vietnam vet’s post a few days earlier and do so with dignity.
On the other hand there may be a way to work together as was being discussed a few days ago and be a middle ground between filing a lawsuit and going it alone and/or a class action. I’m thinking of the RESPA section that allows for group complaints when qualified written requests aren’t answered. If we can file these en masse and publicize them along with current scandal with settlements that is being compared to the robosigning scandal itself we may be able to generate the resources and public support we need. I’m still struggling to get functional but hopefully I’ll follow up w/ those that have left email or we can review further.
Most cases that are lost, happen because of “Triple P” (Piss Poor Pleading). It also occurs because pro se, and most FD attorneys, do not understand the entirety of the financial transaction they are involved with. They use the same boilerplate arguments over and over again.
For example, many securitized trusts do not even continue to exist. Monoline insurance, Government bailouts, and Credit Default Swaps have settled the entire account. These trustee and servicers are trying to collect on a fictitious obligation, by using the photocopied mortgage documents that were once contained in the loan level collateral files.
Also, concerning MERS, they have never been granted any authority to contract with borrowers, hold a lien on the property, have ANY interest in ANY mortgaged property, or have the authority to assert any such rights. In fact, they do not even secure the Lender stated in your documents. They use the “legal title” as collateral for their own line of credit with NationsBank (now Bank of America).
Correct! You have to know your case and know it better than your lawyer. STUDY LIKE YOU WAS IN SCHOOL AGAIN! Know that EVERY CASE IS DIFFERENT. TAKE YOUR TIME AND KNOW THE ANSWER TO YOUR QUESTIONS BEFORE YOU PRESENT THEM IN COURT. LIKE I SAID BEFORE KEEP FIGHTING THO … GOD BLESS
I for one do not encourage anyone to take these cases on Pro Se. In PA you are first put into a Foreclosure Resolution Program. While many bring counsel to all these hearings, many just come by themselves. The initial one was very informal and more of a discovery of who the parties are and the current situation at hand. I continue to be amazed at when someone asks a legitimate question as to who may or may not be the correct party or even the legality of paperwork filed, you get dismissed with no reply. If a homeowner was to file paperwork claiming their property was falsely paid in full and sign as a VP of their Mortgage company, I would hope they would be handcuffed upon discovery or admission in court. It’s takes less then 5 mins to handle these accounts properly and legally. A mass 4.2 million ck run for foreclosures filed between 2009 and 2010 just shows the magnitude of what they are trying desperately to sweep under the rug. Find a good attorney who’s familiar with these issues and continue to do your best to get your issues resolved.
The “other” old saying was that there is justice with the Courts! That is no longer true, there is no Justice so one must fight themselves. This website has all the help one could use, just take a deep breath and file a lawsuit…this is not brain surgery, it’s one homeowner against a bank that doesn’t own it. The lawyers are benefiting more than anyone says so all I am saying is fight it yourself…lawyers would have you believe you NEED them…well, they need to make their own mortgage payments and people that put their faith and trust and money on them, loose anyway because the banks are stealing our homes and the banks are allowing it to happen…Can’t dispute that fact!!!
Mark,
You are absolutly correct…The Lyin Lawyers don’t want to ruin their relationships with the various Courts and Judges they have nurthered for years! There is NO justice with Lawyers so people who finally “get that” after spending what little money they had, MUST file their own Complaints against whatever lyin banks are anywhere on any documents…and don’t forget to add MERS to any Complaint..Fight the banks on your own…nobody cares more than YOU about YOU! File Motion afetr Motion and make the banks respond…and when they don’t, because they have SOOOO many lawsuits against them, file for dismissal with prejudice…demand the bank return the record to your name, FREE & Clear because the bank cannot prove they own your note! Fight…fight…fight…don’t play their game, file your own lawsuit and force them to play in YOUR GAME cause that’s all this is!
Good Luck to all of us!
@ ldynps
YOU SOUND LIKE A BANK OpPERATIVE!! DO NOT LISTEN TO THAT CRAP!! The old saying goes,” he who has himself for a lawyer, has a fool for a lawyer. Do not go at a lawsuit alone! First ARM YOURSELF WITH KNOWLEDGE, EVERYTHING IS RIGHT ONLINE IF YOU LOOK HARD ENOUGH. GOOGLE SCHOLLAR!! SECOND, YOU FIND A PARA LEGAL, LAW STUDENT, OR OR SOMBODY WITH SOME KNOWLEDGE TO HELP YOU IF YOU CAN’T GET A LAWYER. BUT NEVER STOP FIGHTING AND FIGHT WITH SOME SUPPORT. PERIOD
I got a $300 check yesterday (should have been much much bigger since they foreclosed while I was under bankruptcy protection) but there is no appeal process. From what I understand another wave will go out this Friday and next Friday and after that they will trickle out until mid-July.
On the plus side, the National Mortgage Settlement site was updated yesterday and states checks will be mailed out in 4 to 8 weeks. Those are to be for $840 or more.
I also think these class actions are far from over so people need to keep on top of this. I would not be surprised if litigation doesn’t come out regarding how this Independent Review was handled.
This is going to be everyone’s common ground….nobody cares. People argue, hey you were late paying or didn’t pay, you deserve thousands of dollars in fees and foreclosure. I’ve had the PA foreclosure resolution department actually kick us out of the program because we refused to just randomly pay a figure with no detail or supporting standing documents; and I was the only one in hundreds of cases who was there to actually pay! I’ve filed Motions that require a hearing to argue a Plaintiffs Motion that gets entered without such a hearing (althou required). When I go to the Motion court during break to ask a status I’m screamed out of the courtroom by a clerk claiming “You cant play lawyer”. Yes, other lawyers do not want to take this bs on, they have to deal with these opposing counsels and judges daily and it’s not worth there time or career to make enemies for us.
I have a question about these so called checks,so far they have released the 2nd wave of checks,so how many waves are there? & has ANYONE received the max ,amount? & is there more of an explanation of harm if checks are bigger?
I filed complaints with everyone, but this is Texas, so nothing happened. I tried several attorneys, to try to go after him, but it would cost a fortune, with probably no gain. No lawyer cares about going after another lawyer.
I don’t think people realize how long this massively corrupt and errror-ridden mortgage system has been in place. It started long before the housing collapse.
It’s sad to read stories of a continuous parade of desperate people with the same sad ideas (like class action, and thinking that government agencies give a crap about what is happening to you).
If you manage to file a lawsuit, a lot of what happens to you while fighting this will depend on your state. If you are from a more consumer-oriented state, your chances are better. If you’re from a redneck state where the gov’ment and corporations are the same pocket…not good.
I have a foreclosure trail coming up and my stand is lack of standing. The original note and mortgage is attached to the complaint and listed as Option One and NOT the Plaintiff Wells Fargo Trust. I was told that the Plaintiff will bring in a Wells Fargo employee who will say they had the Note prior to filling the complaint. QUESTION: How do I disprove their claim or what else can I use to win this case?
There are are lots of questions coming up about “indorsements” as the note is passed from one holder to the next and whether there is standing in the context of these Trusts violating the PSA agreements that govern them. Take a look at this thread, and try your best to get some legal assistance.
One sure way to help this economy is to force this industry to mark to market all properties. Think of all the capital that will unleash from homeowners who are now able to focus on their lives and work. Still looking into class actions, more later.
Pull this case up on your computer. IT IS WRITTEN BY A PRO SE LITAGENT BUT MAY GIVE YOU SOME CASES AND INFO THATCOULDBEHELPFUL TO YOU.
PDF]
MEMORANDUM ON PRO SE – Freedom Schoolwww.freedom-school.com/699540/memo-on-pro-se.pdfYou +1’d this publicly. Undo
File Format: PDF/Adobe Acrobat
Attorneys do not exist under the Constitution for the united States of America and … presumed license from the state legislators and [an alleged] Bar association on the … The term “pro se [litigant]” is SUBTERFUGE [something designed to deceive] used by … substance of a pro se motion’s claim and its underlying legal basis.
Is anyone here familiar with the law that states “Substnce not form” is what matters when dealing with pro se litigants? If so, would you please post it here? Thank you.
I completely understand what you’ve been through and are still going through, my fight started in October of 2006. I’m afraid that every time the bank convinced you guys to make a few payments to put off the foreclosure process they also got you to reset the clock on the statute of limitation in their favor by doing so. I say don’t give up but it’s obvious from your story that quitting is the last thing on your mind.
Good luck and I really hope something goes your way, this is wrong on so many levels that I wake up some days wondering what country I’m in.
Angela, What state do you live in, I find it hard to believe that after 8 years the statute of limitations has not run out on your lenders ability to enforce the note. Foreclosure does not qualify as enforcement of lemnders rights in the note unless it is done judicially. In order to render a SOL moot the qualified party must enforce its interest judicially within the time allowed by law. I’m curious if your attorney has discussed this angle with you.
I own my home because the statute of limitations ran out on my pretender lender last year: Note is unenforceable and the Deed of Trust is extinguished, end of story…..
The problem is they have foreclosed on us 3 different times..we have been fighting this when nobody else was fighting. Every time they convinced us to pay them a little money & they would stop foreclosure. Every time we would go to lawyers & try to make someone listen, every time we were basically called deadbeats and we should suck it up and pay the 1800-2400 a month payments, because after all we signed on the dotted line. I guess you could say third time is the charm because we were able to get a lawyer to fight for us finally. Even though the judge ruled in their favor it took him awhile to do that and he let them win on some technicality, (our lawyer was late!) I think judge was just tired of me bringing in stacks of papers and laying them on his desk! No judge wants to take the time to read all that….sad but true!
thegrey55 so let me ask you something. I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008? In Florida it is a five year statue of limitation. Can I then file a claim for Quiet title?
There is also the fact that these cases are still ongoing and the so called “harm” is changing daily. Facing a sheriff sale date of May 6th, what is a 300$ ck going to do? Rust and the OCC don’t want to hear any current information, they suggest calling the servicer. Plz, you think the servicer is willing to help after all this time, fight and forgery?
We need to make copies of those measly checks and send them to the OCC’s Curry, to our Senators and to Warren, Brown, Menendez, Johnson, and to two-faced Obama, with the following Title: Insufficient Compensation. Re-review and re-compensate.
There is absolutely no way the government can justify how the determinations of harm were performed in regards to the X-IFR payments that people began receiving this week. Not unless they admit that they used darts and a board with our names on it.
The IFR involved hundreds and hundreds of people spread out at different locations and in a years time they were only capable of reviewing something like 127,000 of the half million requested reviews before the OCC and the FED shut the operation down. After that, the Regulators would have us believe that they then gathered close to 4 million homeowners mortgage records (records that even the banks couldn’t produce under court orders in most cases)and then conducted a review for harm of each and ever one of those 4 million before issuing checks at the end of last week.
That means that a government regulatory agency performed all these tasks in 95 days with less than 1% of the work force available the year before and came to an equitable determination of harm for 4 million homeowner in a situation that they have not been capable of bringing under control since it began almost seven years ago. My ass………….. So don’t expect any explanations, believable explanations from anyone in government.
Even if you receive a check, you retain all your right to pursue an action against the Lender. No party, including the government, can interfere with a private contract unless it is done through the courts.
Rich, according to the payment matrix put out by the OCC there are only 5 catagories that pay out $3,000 and all of them are in the matrix for those who did not apply for the IFR before it was cancelled. I know that 99.99% of all the payments being issued don’t even fit in with the type and cost of the harm committed by the banks upon all of us but you can go to the OCC’s website and get a copy of the matrix and from there get some idea of what they thought they were paying you for. You’ll know better than anyone else which of the five catagories you fell in or how many of the catagories. Thought this might help a bit. Personally, my check was about $34K short using the governments matrix, I guess the Banks can commit the same crime numerous times and still only have to pay us once because the act I was payed for was committed 3 times by the same bank.
Your right Hammer, I said six years. The statute here in Colorado is in regards to promissory notes and it is not exclusive to just home loans. Most states have these type of SOL statutes. The one advantage to this type of affirmative defense to foreclosure is that the law is pretty much cut and dried. If “A” took place on a certain date the SOL begins to run and after the time allowed by law “B” expires the Note is no longer enforceable “C”. And, as much as alot of these judges seem willing to look the other way where the TBTF Banks are concerned, they can’t ignore the dictates of a staute of limitations where A + B= C. The courts are without jurisdiction over the controversy because it no longer exists by law.
This morning I called the judge that finally ruled in favor of HSBC.
I informed him that we had received a $2000 check & in light of that
Would he review our case? Our house is due to be sold next wed at sherrif sale
He said to have my lawyer request to vacate the sell & he would take
A second look. I’m not ready to give up hope yet! Been fighting for 8 years!
Can anyone advise the proper channel to go through to request an explanation for WHY I received a $3000 check due to Foreclosure Review, i.e,. who did what wrong? Where can I go to demand an answer? Thanks for any help.
I am wondering the same thing…. I only got 800 bucks. I was a deployed soldier and covered by the SCRA which means I should have got 125K like their little chart said. What ticked me off the most was that I wasn’t even notified that I was being foreclosed on and then when I tried to ask Wells Fargo about the settlement they told me to get a lawyer and sue them
Dee Dee
April 20, 2013 at 11:42 AM
Did you happen to sign up for 2 settlements? I understand that there were 2 going on. That may be it? I hope so in your case, I have WF too 🙁
If people are getting bounced around Consumer Financial Protection Bureau can be an option and copy not only federal but local officials as well is my thinking.
Vic Mask
April 20, 2013 at 7:53 PM
No, I didn’t sign up for 2 settlements but I did get myself a lawyer and hopefully when we get done theywill be naming a big ole building after me….. we can party there… LOL
Be advised, CFPB has summarily been dismissing complaints without ever investigating the complaint, or even following up with the complainant.
hammertime
April 23, 2013 at 5:02 PM
I’ve had that feeling about CFPB. Still, it’s a basis for setting a paper trail and making complaints for whoever’s in charge of agency and making our tax dollars accountable which is the language our “representatives” understand..
In judicial states this seems to be the case though it depends on the court. In CA where homeowner Bill of Rights has come into play there have been less foreclosures and there are some very signicant cases recently challenging the lender assumptions.
My concern is that my lawyer does not want to put too much effort into the case because he has told me he “had to do business” with the courts. Which means he is putting me on back burner. I am meeting with him today to put him in the hot seat and want him to either back out or start actively pursing my case. I am reading stuff on this message board about statues of limitations and just curious what that means.
Generally, not a lawyer, laws have different requirements as to when a claim can be made and damages or action such as foreclosure can be taken. Grey said it’s 6 yrs in CO from time of acceleration I recall. Creditors have a certain amoutn of time to collect as well.
After severaal years of hell, I did get a lawyer. I advocated for myself by putting in an incredible amount of work. My case was pretty clear, I had every receipt, so I thought it was a slam-dunk.
My attorney seemed to be getting very friendly with the other side, talking about a settlement. Well, he made friends allrighty!
The outcome:
1. He purposely missed an important discovery date and lost most of my claims. He lied about it to me and to the court.
2. We went to court. The judge scolded me for “starting a lawsuit I couldn’t finish”. The lawyer had told the court that the reason the discovery date was missed is because I ran out of money! A total LIE. It was on contingency from day one.
3. I had a few small claims that weren’t already lost. The mortgage company lawyers said that the COPIES of my receipts that the attorney showed the jury were forgeries. My originals were sitting on the table. He didn’t show them to my jury, and there was not one thing I could do about it. It was completely obvious he had already settled for HIMSELF ALONE.
Afterwards I told my attorney that I was going to sue him. He said I didn’t have enough money, that as an attorney he would keep me in court forever. He also told me if I tarnished his name he would “fix me”.
So don’t get too excited about a lawyer. The lady that just got her money was very lucky.
I do hope at the very least, that you filed a complaint with the Bar Association, the Supreme Court in your state concerning this ‘lawyer’. Wouldn’t hold my breathe on him being disciplined or disbarred…but at least there will be a record of your complaint filed on this person.
You “may” be able to get the judgement vacated based upon “inadequate representation”. If you have the retainer letter showing you were on a contingency, then you may have a leg to stand on. Unfortunately, you should consult an attorney (again).
My mother had her home ripped out from under her during a lengthy battle with cancer. It has been two plus years since she has died, and since she had nothing left there was no estate. Unbelievably a check for $3,000 arrived Monday made out in her name. My brother was the executor of her will, is there anything the family can do with this check or is this yet another way for the banks to get out of paying their settlement.
I am absolutely, heartbroken over my home. Bank of America stole my house. I cried for years, I still drive by once a month to look at it, and all we get for our pain/suffering is a few hundred dollars. I worked so hard for my house….. This is a JOKE! What most people don’t realize, is that , there is a statue of limitation on filing a lawsuit against the banks. I spoke with an attorney, this is exactly what the banks are banking on. The statue of limitation will run out for millions of homeowners, to file a lawsuit against the banks. Most homeowners, aren’t aware of this. So we are stuck with those lousy pitiful checks; for all our heartache, pain, suffering, and they still made billions of dollars. The attorneys are only after your retainer fees, and will do little else to help you. I will do the following, when I receive my check……
1. take a picture of my house and check
2. write a letter to my local senator
3. send copies of all documentation with letter to Senator
4. make a video and post it on You Tube — showing how Bank of America stole my house, and our credit files are still screwed. While the banks, just walk away with billions in profit
5. I can not purchase another house, because of the banks actions, and we still lose…..
A few class action suits could loosen up the purse strings. We can find attorneys that will take a smaller cut so that the bulk of the money will go to home owners. If there is interest post a reply expressing your interest and we can figure out how to collaborate.
Yes, I am interested. Haven’t gotten a check yet and filed a review last April. I don’t expect to get much, but BoA sold my house in a sheriff’s sale while we were in the process of a short sale, and I had not missed a single payment. I am sure I will be in the 300-500 range, given what others have posted.
I want to know what happens to the money that does not make it to people that were foreclosed on and have moved after the 90 days is up. Rust is only taking information if you need to change or update you contact information. What if people do not know about the so called review?
I almost threw up when I received a check for $500.00,for compensation, as a result of the federal governments investigation involving my unlawful and unethical foreclosure.In my opinion, BofA (Countrywide Realty) defrauded me out of my beautiful home of some 22 years. I hope they didn’t go broke giving me such an alarming amount of money. I can’t really say that it compensated me for the memories of raising my children in that home, and my memories of my beautiful mother and father, and other friends and family that would often come to visit, that have now passed on, or the memories of my dog Willis who would swim in the pool with me everyday and stand in the same special spot, so that I could hug him and dry him, or of my time with my wonderful wife, of 40 years, when she was not a paraplegic stricken with MS and now with a metal valve in her heart. Here’s the best part of it; Why are they allowed to further harm my credit and life by posting the unlawful foreclosure with the major credit bureaus? By doing that, it has kept me for the past five years, from buying a new home? If this continues to be allowed the housing market will never recover. My wife and I are both 100% handicapped senior citizens, we don’t have much time left. Give us a break. I’d like to pass away in my own house, rather than in some unkept rental junk house, wouldn’t you. Who do we contact to get our credit cleared of the foreclosure, or are they allowed to continue doing it to us and to you?My life is more stressful over this, than it ever has been, since I served this great countryof ours, in 1967, when I fought in the jungles of the Mekong Delta of South Vietnam.At least when my time comes, I will go knowing that Jesus Christ has prepared a home for me in Heaven, praise God.
Ok, this is so ridicules about the IDR. I suggest that when we all get out money we should put it into a pot and fight these bantereds one bank at a time. Every time a homeowner wins take 25% and put it back for another homeowner to fight. We can do this !! But if most of American’s are as greedy as the corporations this will not work. I for one would give back the money to use it to fight !! There are good lawyers out there! What the hell are we suppose to do with a thousand dollors………..my house is gone, and they stole it with fraud on the court…shame on us for excepting their token $$$$$$$.
I agree with you 100%…. I am absolutely, heartbroken over the theft of my house. I cried for years, I still drive by my house, once a month – with a heavy heart. The banks, made billions off of us, and we still have this on our credit files. They still have their mansions…..
Hey, wait a minute! I think that Rust Consuting has to tell us if we were financially injured or harmed, other wise the IRS could take this as Taxable income! The letter from Rust Consulting that came with the check states, “This payment does not mean that you necessariy suffered financial injury or harm”. I think this needs further clarification. I know they said they sent a check to everyone with foreclosures in 2009, 2010, (even if they may not have been financially injured or harmed). But, I was financialy injured and harmed and I woud like a statement from the issuer to that effect! I will not cash this check until I get further answers and I wil tell them that the IRS wants to know!
Good call. We have to remember this does not prevent us from taking legal action even though that’s been another brick wall. My idea was to go ahead and cash but add “under protest” memo. I was told that when employer added a confidentiality note to a severance check. Not legal advice but any lawyers or accountants out there can verify?
Jacqueline W.
April 19, 2013 at 9:52 AM
We hired a lawyer in 2010 the day after Wells Fargo foreclosed on us (unbeknownst to us). He got us a stay and we are still in our home, however, the case has seemed to just stall. I have a meeting with the lawyer again today — he just seems not to care. He told us in 2010 that it should take about 6 months for the case to be heard and when I contacted him back then he told me not to “poke the bear” (meaning the courts) because we were still in our house. We are ready to poke the bear. Can anyone recommend what questions I should be asking?
I think we all should begin to take ads out in the paper, on the radio, social media…and post the letters we get back with a copy of the $.02 checks right next to a picture of your stolen homes, your old invoice, and the MLS listing of you stolen property. Make sure the names of the liars and the law makers are shown. After seeing these names repeatedly, people will know there names and faces. It becomes hard being a thief in the spot light.
Checks arrived regular standard mail. No Discovery paperwork. There is a letter included with the check from “Rust Consuting, Inc.”. One sentence in the letter that I find confusing is “Regulators determined your payment amount based on the stage of your foreclosure process and other considerations related to your foreclosure. and “This payment does not mean that you necessarily suffered financial injury or harm”. I think this is called admit nothing and cover the bank’s A_ _ !
The catagory for the $2,000 checks is a “Denied Modification” for those who filed a request for review and didn’t lose their house to foreclosure.
7 years, 5 foreclosures, 3 denied modifications and I got my check today for $2,000. Not to mention that the party trying to take my house all these years was not the holder of the note and had committed fraud on at least 5 different occasions. I think I’m going to burn this check on YOUTUBE after I disclose all of the fraudulent paper work in my possession which includes approx. 35 fraudulent assignments of deed of trust and mortgages all submitted by one Bank. I’m over all this BS and the OCC and the FED can kiss me where the sun don’t often shine.
Hello,still fighting this nightmare,so my question is..is my lawyer not taking this as serious as me or does it just take yrs to see justice?I’ve proved no default due to us,100%lender,supplied all bankstatements showing,received & cashed but credit report shows 100%different,wrong loan paperwork,fraudulent EVERYTHING but still no court date?a few motions sent out & lenders answers further bury them,what am i NOT doing right?or am i just at my witts end with all this?i feel as if im tettering on the edge & dont know what step to take next without falling.
As seems to be the theme with audit it may be time to make your case public and involve local officials. As disappointing as this is as Gray is thinking of doing it may be the way to expose what is going on to the general public beyond us on the internet. I read a statistic that only 4% of distressed homeowners take the legal route.
Here is the way it plays out in Colorado. Once the lender or whoever it is invokes the right to accelerate the note and demands payment in full to satisfy the obligation this triggers the running of the clock. Lender then has 6 years to take action based on the obligation, at the end of that time if action has not been taken the note is no longer enforceable and the Deed of Trust or Mortgage is exstinguished. This leaves the homeowner with strongest title interest. Of course, this is not meant to be legal advise and you should check your states statutes for interpretation and application of the SOL.
I’m not through with these people yet, now it’s my turn to make their lives miserable and in order to do that I have to beat out a couple SOL that apply to the law suit I’m preparing. Gotta run this morning but I’ll be back on here later.
I just recieved a check today for $2000.00. I did file for the IFR. There are no details as to what infractions were violated, but I assume it was for denial of modification. (There are really only three catagories(Service Member Civil Relief Act “Federal Law Violation), (Bankruptcy “Federal Law Violation), and Mortgage Modification Denial, ( no federal law violation here). They chose to keep it neat and elete and politically correct by giving the few large payouts to only the very small percentage of foreclosures that already had legal presidence in the bankruptcy courts and the military who have proof of undeniable status. My outrageous frauduent mortgage stems from origination and the violation of numerous state laws and (federal laws other then the two listed). When I realized there was a serious problem with my mortgage (before a default had even taken place), I notified the FBI, my State Attorney General, my State Senator, (as all of the websites tell you to do when you suspect fraud or a preditory mortgage) and guess what, they all directed me to voice my concerns to the Office of the Comptroller of the Currency, because mine is a National Bank ! I thought that the OCC was to notify the DOJ when an obvious fraud was involved. I thought my mortgage was going to be audited for violations of state and federal laws, but instead I got a check for $2000.00 to help me with the expenses of hiring a moving van.
P.S. I called Rusk Consutants about the lack of information in the letter that came with the check (specificaly, the infractions by the bank and how and why they arrived at the amt. of $2000.00 and as usual, Rusk Consultants “knows nothing” and referred me to the OCC website, which informs me of nothing)!
Were you able to cash your check without a problem? Some people on the blogs are saying that they can’t cash their checks. I just wanted to know how true this was or is someone just trying to put a scare out there.
I contacted Rust as well when we received our $3,000 check with no explanation. They directed me to OCC who directed me to The Federal Reserve & my bank (of all people). When I protested, they told me to file a complaint. Then I called the FR who directed me to OCC & Rust than they also told me to file a complaint. Its nothing but finger pointing. I sat down and decided to write a letter to our local Senator, but I will be sending to all local news outlets too. We just do not know what to do!!!
Jillian M.
April 18, 2013 at 8:26 PM
Jacqueline,
Great idea, I will write my local Senator. I will send a copy of my check and documents, showing how Bank of America stole my house.
Shelly T
April 19, 2013 at 12:22 AM
And this is what they do! They could care less about your phone calls. That is why they have Rust Consulting directing you to the OCC and the Federal Reserve and then the Federal Reserve and the OCC directs you back to RUST Consulting. It’s to keep the Peons at bay! Unless they give you a written explanation that a financial harm was commited against you, (which they will not do) your $3000.00 is a taxabe income. Don’t be fooled by the 1099 that they said they will send in 2014 if needed. 1099 are used for many things, and when you get a 1099 from them, they still wil not admit harm done, so you will be charged with a taxable income. Demand to know from your Senator as to whether this IFR check is compensation of financial harm and if so, you want a confirmation letter from the IFR stating that it is, so that you can send it to the IRS.
I woud also ask them to state exactly what the harm was and how they arrived at the $3000.00 amount to justly compensate you for your financial injury when they never audited your paperwork.
If they don’t give you a statement of financial harm, then you haven’t been financialy compensated.
Thanks for the info Rebecca, first check received I’ve heard about so far. I started to say that I’m one of the fortunate ones in all of this foreclosure crap because after 7 years and 5 foreclosures I still have my house and the property it sits on but fortunate isn’t the right word for what I’ve been through at the hands of thieves. Anyhow, good luck with your fight, that’s just how mine went year after year until the statute of limitations ran out on BAC and MERS….
We should compare responses. I just got through 5 years and still in property. I had BAC on MERS records from previous loans that weren’t closed out until 2 years after my current loan closed. New “original lender” now claims to be the investor. MERS official signed on Substitution of Trustee and 4 years later lender/servicer finally admitted it was a mistake since MERS is not on the current loan but say it’s no big deal since non-judicial. May be true IF title is clean etc. Still trying to get straight answers. What is the SOL, I can’t seem to get straight answers, in CA.
Are you saying if they let the foreclosure sit in the court long enough that it will be past the statue of limitation to pursue it? My strategy in this whole thing has been to do nothing. I get registered letters once a month but never sign for them. I want them to have no record of anything. I only answer things from the court. I also check the courts website almost daily to make sure they haven’t asked for a hearing and failed to tell me.
They are actually still trying to “I am sure” do illegal things. Recently they sent me paperwork on lender placed insurance and said it cost $8,000. a year. Never in all the insurance I have bought or lender placed has it been more than $2,500. a year. A weird thing happened with that last month. We had a sewer back up from a heavy rain and it ruined my wood floor. I called the insurance to see what they covered and they said I had to ask my lender. Why, they tacked the $8,000. onto my mortgage? Why would the lender know what was covered and not the insurance company?
To explain further. I never filed for a review or sent any correspondence to anyone. My foreclosure has been on the books since 6/2010. In June 2012 their lawyer “Watson” filed for a summary judgement and I replied. Day of court they took it off the docket and I haven’t heard anything since then. It will be a year in June. Since then MERS is not my servicer anymore, SPS is and they threaten me with foreclosure all the time. I have to wonder what will happen if they do file for foreclosure whileI am still in a case with MERS.
hammertime
April 15, 2013 at 10:28 PM
On the email alerts it looked like you were a bank robo-posting!
What the banks are doing? They are betting that the majority of the 4.2 million home owners will Not file a lawsuit. Period!! And those that do file, who has the will, know how, and evidence to prove the ILLEGAL ACTIONS COMMITTED? They are betting not many! Even if a borrower goes at it alone they are at the mercy of a legal system that is slanted against them. I say, in order to beat them, those that do file charges/suit against them should go for as much as possible, be as audacious as they were when they file suit for forclosure against you, and ARM YOURYELF WITH KNOWLEDGE…EVERYTHING YOU NEED TO KNOW IS ONLINE. DON’T TRUST YOUR LAWYER TO FIGHT YOUR FIGHT. JUST A THOUGHT!! OH, I HAVE ALREADY FILED SUIT!!
P.S. KEEP READING SITES LIKE THIS ONE. THEY PROVIDE ALOT OF INFORMATION. THANKS 4CLOSUREFRAUD.COM FOR ALL YOU DO!!
Can you forward me a copy of your lawsuit…I will modify and amend and FILE!
Fighting In Ohio
April 15, 2013 at 2:59 PM
First of all, EVERY HOME OWNER’S SITUATION IS DIFFERENT. YOUR CHARGES/SUIT MIGHT BE COMPLETELY DIFFERENT FROM MINE. Secondly, YOU SOUND LIKE A BANK EMPLOYEE, NEVER SEEN YOUR POST ON THIS SIGHT… OR OTHERS. Third, I AM NOT A LAWYER AND WAS NOT GIVING LEGAL ADVICE. HOWEVER, I SUGGEST YOU GET A LAWYER TO REVIEW YOUR CASE, IF YOU GOT A GOOD CASE HE SHOULD TAKE IT. WHAT LAWYER YOU KNOW DON’T WANT TO MAKE SOME MONEY?
One of the many things that boggles my mind is why would they take certain stances and be so stubborn as to challenge existing laws? Especially if you’re going to open yourself up to litigation. Is there really that much profit if running everyone over and worrying about lawsuits later? I mean seriously, how long does it take to ck and confirm if someone is a service member and exempt from foreclosure? 5 mins? How long does it take to draw up a legal Mortgage Assignment? 5 Mins? How long does it take a real someone to legally sign it from the bank? 2 secs? Why you would outsource these tasks is beyond me. It can’t be to control cost.
Your exactly right, Mark. Only the TBTF Banks and their partners in crime, the OCC, the FED and all the other government regulatory agencies could try and spin $20K spent on review for harm with $250-$500 paid out to homeowners as a good thing……… Basic math skills are not a prerequisite for employment with the government regulatory agencies while a masters in BS is highly recommended and sought after. I only wish Mother Warren could wash these guys mouths out with soap every time they open them up to speak…… There’d be so many bubbles floating around D.C. you’d swear that they brought back the Lawrence Welk Show. (for those of us that go back that far)
It’s obvious a majority of the ck’s will be for 250$. After all, if you’ve done no real investigation into individual cases there is no reason to give anyone (other then your friends and family) more then that amount. Did we see once the initial reviews averaged 21K in cost? I’m sure $21,250 would have appeased a lot of folks. Guess now is the time to file suit if our statute of limitations has not expired? Just endorse your 250 to your counsel.
Hey everybody, wake up and wait for the mailman. If the X-IFR checks started going out on Friday some people might actually get theirs today. But we all have to realize that there was a $25 billion settlement announced just last year with 49 of the 50 states and not one homeowner ever got a dime of that money. That was billion with a B.
I’m anxious to here from people as to the amount of their X-IFR checks and I wish we had a way of comparing the numbers with those on the matrix released on Monday of last week. Just call me crazy but I don’t think the numbers will match or the totals and the responsibility for that falls squarely into Promontory’s lap. NO checks and balances, crap in and crap out………
As usual the talking heads in D.C. are telling stories that don’t make any sense. Since all those people who generated a $2 billion tab for Promontory only managed to review approx. 127,000 consumer files over a period of 10 or 11 months how is it that the OCC can make a determination of harm involving almost 4 million consumer files in less than 5 months. The answer is, they can’t. So this means the entire program for the payouts has to based on where the dart hits the board.
The independent (snicker, snicker) reviewers were in the process of reporting a rate of illegal activities found in the files of just 2 years at somewhere close to 100% and the banks involved would have required another bail-out just to compenste those actually harmed. This is the reason that the IFR was shut down, the TBTF Banks told the OCC and the FED what to do and they did it.
Now we’ll see how much it will be covered up. The only way you get to 4 million and trillions of dollars of bailouts is if the fraud was systemic and the TBTFs were involved. Any system worth a pile of beans would have had bells going off at the first “bad loan”. It’s a dog and pony show to have us looking for intent and protecting the country supposedly from evil homeowners that shouldn’t benefit so we have the revolving doors of settlements and investor cases.
I believe so. Robosigning “errors” can’t be a catch all for any kind of fraud and broken chain of title or invalid mortgages.
That’s why people had a problem with the framework in the first place. It tried to set compensation for title problems even predatory lending I believe. Now they’re changing the emphasis to getting people relief and whether we actually lost our home or not besides the fact they got caught with their hand in the cookie jar.
There will be very little help coming from the OCC and even if the investigative files are released (which they should be) there were less than 127,000 files reviewed at the time the IFR was called off. On top of which, the reviews were broken up into alphabetical catagories so that no one person or group would be allowed to see all of the evils committed. Given this fact it is hard to believe that any of those 127,000 or so case reviews were ever completed beginning to end.
It will require the filing of FOIA requests to get the information now being buried within the offices of the OCC and the FED and by the time anyone gets anything the Sharpie Marker Company will have made a fortune supplying those offices with black markers for redaction of those reports.
No, people, nothing good will come of this and just like all the other consumer based investigations only those connected with the insiders will profit from all of this as evidenced by the $20k per file charges paid out so each of harmed can receive a $500 check for which Promontory has not yet been paid for distibuting and processing.
I’d personally prefer to shove these checks up the arse of everyone involved one by one and with over 4 million checks be distributed a lot of those people will have to step back in line for a second and third and fourth insertion. Don’t worry Obama, there are plenty of them to go around and you should be at least one of the first few in line. Crap in and Crap out……………….
Exactly. Why was there the need to reinvent the wheel if we have all these “investigations”? There was a post somewhere that there is going to be some variation but mostly tied to losing your home or not it looked like. Very narrow definition of foreclosed and ignoring the ongoing misrepresentation and bad faith dealing.
wondering if Warren’s point is for us to follow thru w atty generals what were their findings on our case and if it is to be found not an error but indeed fraud, we have evidence from the ag ‘investigation’??? God Bless Elizabeth Warren!! and thank her for all she does..
From all reports on the subject: Checks were suppose to start going out on Friday the 12 of April, 2013, yesterday, so I don’t know if anyone actual received a check in todays mail but I’d venture a guess that they will start showing up the first of the week.
CYI I just finished faxing Senator Warrens D.C. Office 30 pages of documents, most of them copies of fraudulent assignment of deed of trust and mortgages that I made the OCC aware of in March of last year.
I don’t know if any of this stuff will get put to use in tomorrow mornings hearing with the OCC and the Fed but I’d sure like to watch them squirm if she threw down the 9 fraudulent assignments from BAC that I sent her.
I would like to see all those who get their checks this month post the category that they were paid from. I have this feeling that a lot of $500 dollar checks are going out even though every one of the Servicements Act violations should not have been in the review payments but rather should have been payed out of the Billions that the Banks have already agreed to pay for these violations and then Felony charges should have brought against the servicers-it is a felony to violate the Servicemen Act. Just another OCC scam to help out the Bankster boys.
if you have no option to file bankruptcy 7 can you file a 13 then turn it into 7 later new laws 8 years coincidence after pushing buy a house we are just so naive all my husband keeps saying we signed the paper but they changed it but we signed stupid us we tried every avenue for all paperwork went into black whole and lost , resend on and on .. then you do no qualify for government hamp and on and on .. please if anyone knows this just tell me we have a lawyer not a bankruptcy lawyer .. never new I would need so many lawyers cant afford all of them or I might not be in this situation.
This link will answer most of your questions. People are hesitant to answer because they are afraid of giving legal advice. You never know who lurks on these sites just waiting to nail someone. This link was very helpful to me when I had questions. Hope this helps!
WHY HAVE WE BEEN FORSAKEN? TALK ABOUT A LOSS OF TRUST IN YOUR OWN GOVERNMENT AND BANKS, SO MANY PEOPLE TALKING ABOUT THIS AND IS ANYONE LISTENING? IT SEEMS NOT……
We’ve spoken to attorneys about filing Chapter 13 Bankruptcy to block the sheriff sale as well as filing a wrongful foreclosure lawsuit asap. Time on the sale date is the major concern, so yes, we are attempting every possibility. After years of bs we’re not about to give up fighting and wasn’t trying to put our situation in any light other then the obvious seriousness it is in.
@ Mark
File a motion in court to stay the sale of your house and use the Russ Consulting notice as evidence and see what happens. Worth a try!! I am not a lawyer and this is not legal advice but I have been fighting in Ohio for over two years. Don’t Stop Fighting!!
I called Rust and was given the Dept # handling Citi’s foreclosures. Our sheriff sale date is first wk of May. I was trying to see if a change in circumstances had any impact on the ck you were to receive or any help they could offer to block people heading for a pending sale. After repeating my concern 4 times, I was told there is going to be “NO REVIEW” of cases and there has been “NO REVIEW”. If you’re going to mail cks, I would think you would want to send someone who has already lost their house from a wrongful foreclosure a larger ck then someone who could be help by a last minute modification. Apparently that is not the case and I would not be surprised to see cks like 250$ being massed mailed. The kicker was this op got pretty snippy and wanted to stress “You should continue to work with your servicer”
, they are willing to assist” I couldn’t stop laughing for a few mins. Citi’s lawyers resigned long ago and Citi hides behind the comment we no longer reply to inquiries once the servicing change is a yr old.
You STILL have options…get your attorney to file a TRO temporary restraining order … and/or remove your case to federal…file a wrongful foreclosure lawsuit…or give up and start packing…the choice, as always, is yours. Whining or laughing isn’t much help.
Your right Mark, I forgot to mention the numerous insurance policies in place to hedge the Banks bets along the way. Most research reveals that the average $250K mortgage nets the Banks at least $1 million.
My post-card from Rust said I would receive a payment OR a request for more information in 4-8 weeks. Anyone want odds on which of the two will take place in 4-8 weeks, huh.. I’ll give 10 to 1 it won’t be a check…..
Most certainly. What is everyone going to do with their ck for 250$ in 6-8 wks from Rust Consulting? Put it towards their mortgage in arrears? Some can only hope.
How else could those fine fine gentlemen like brian moynihan (boa) and jaime diamond (jpm)
bring home all the millions and millions in bonuses each year. Oh silly me, of course, from theft of our homes. And what would our fine government folks say about this comment…..she’s singing the have vs. have nots song because she doesn’t like rich people. As long as the 99% continue to believe this bs….it just goes on and on. It’s a song stuck on the same track.
This is exactly what is happening. Along with the possibility that the Mortgage companies insurance has paid off your balance ONCE. The govt has paid off your mortgage TWICE thru the TARP or or other programs banks have filed in for relief with and then they’ve attempted to sell/transfer it for X amounts to these Trusts or other servicers who are then pressing to foreclose with fraudulent docs. So, for some who are 85 and WANT to pay their Mortgage, who is really getting shafted?
Take this from someone who has been in this fight since October 2006. Bank of America doesn’t own any of the notes previously held by Countrywide, hell, they can’t even find most of them.
The reason behind most of the modifications granted that are later terminated is to allow BAC to fabricate ownership documents for loans that were securitized. Since most of the investors in the MBS direvative market have no idea what mortgage notes comprise their investments in the market they have no way of knowing that BAC and others are stealing those investments by creating new documemnts naming themselves as the real party in interest. Grant a modification, get the homeowners signatures on the dotted line, create false reasons to terminate mod and then foreclose.
The government then gives tax payer dollars as incentives to the banks for modifiying the loan and then the bank takes your home in foreclosure and again profits from its sale. End of story……..
We are coming to the final battle , we have attorney but at this stage with wells fargo asset-back pass thru certificates and more then likely robo judge we will have to pay for a house that is not only underwater and tell our daughter who is autistic we can no longer live here. My husband was layed off, injured in auto accident and we will not be able to file bankruptcy. We will owe all our lives even beyond death. When they issue sale how long do we have to pack
Doesn’t seem like your lawyer is telling you much. Need to check your state’s foreclosure laws, policies.
WF has had investors suing, settling on predatory lending etc so you would think you should have some options. Doesn’t sound right. Was there an audit done?
You should look up your RMBS account # on Google, if the same as “asset-back pass thru certificates” and see if it was involved in any cases.
Recently – http://www.nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html#comment-1154611
“Over the last two and a half years, Wells Fargo, like most of the major mortgage servicers, claimed that it had a “rigorous system” to insure that mortgage documents were accurate and complete. The reason this mattered was that there was significant evidence to the contrary. Foreclosure defense attorneys found repeatedly that, for securitized mortgages, the servicer or foreclosure mill attorney would present documents to the court that failed to show the borrower’s note (a promissory note) had been transferred properly to the trust. This mattered not only on a borrower level, but indicated that originators of the mortgage securitizations hadn’t bothered transferring the notes properly to the trusts that were to hold them. This raised the ugly specter of what was called “securitization fail,” that investors had been sold securities that they had been told were mortgage backed when they might in practice not be.
The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
Hers’s a post from 2012 – hasn’t had the effect it was thought it seems but may be able to use info from cases and opinions http://dtc-systems.net/2012/01/investors-coming-out-of-the-shadows/
“Ultimately, the proof and the relief sought by homeowners will come from investors who demand answers to what happened to their money when they purchased mortgage backed securities and pooled their money to fund mortgages.
The result is a pincer action, to put it military terms, where the creditors and the debtors are making the same allegations against the intermediaries who stole from both sides, “borrowed” the loss to claim Federal bailout money, and left both sides holding the bag.
Lawyers for the investors are clearly smelling blood and are on the hunt. Unlike the foreclosure defense side where the arguments and theories are the same, these lawyers will represent institutional investors whose credibility in court will rival, if not exceed, the credibility normally allowed to anyone with the word “Bank” in their name. These lawyers are going to make a fortune, as will any foreclosure defense lawyer who realizes the true nature of what is going on.”
“The strange code associated with the callers mortgage on the Today Show was WFALT 2007 PA2. Woops! That’s a REMIC and a recent News Release names this trust. I’ll bet a lot more than 10% (estimate given to the Today Show by Wells Fargo) of the loans fit this category. How about 99% are in some sort of RMBS. Back to that 99% number. I guess if the shoe fits?!
The brighter the light shines, the more trouble we find!”
Jim – I think you misunderstood my word. I was asking if you were UNDER WATER…meaning that your house is worth less than what you owe. Property values decreased greatly after the real estate bubble burst and the financial catastrophe in 2007. If that is the case, you need a principal reduction otherwise you will be payinga lower mortgage payment (maybe) but you will be stuck with that home far beyond your lifetime and the likelihood that you will never be able to sell it if you should have to do so. Take it from experience, they will take your so-called trial payments and then come up with a oh, so sorry, you don’t qualify! You also need to know that BofA, as servicer, does not have the power to modify! Only the true owner of your mortgage has that power. Truly, find a reputable attorney that supports homeowner’s and seek advice.
i have 90k equity on our house.. yes, that was explained to us that boa does not have the power to modify on the workshop. okay, we will see ..hoping for the best.
Jim – are you curently underwater on your mortgage? If so, does your loan modification include a principal reduction? If not, then you are still paying on a mortgage (that is likely not even owned by BofA) that you will never be able to get out from under. Aside from the fact that BofA is doing loan mods that creates toxic titles as most generally the mortgage has been sold on the secondary market and is now owned by the Trustee for the bond holders. Only owners of mortgages can grant modifications. I would check with an attorney that represents BORROWERS before you sign on the dotted line. You may likely be setting yourself up for one heck of a big bang down the road!
yes i am late on 6 month payments. Underwriter called me and said boa is my bank sevicer and the investor (fannie mae or whoever) has guidelines if i will qualify for modification. And I qualified and will lower down my interest, basically i passed the phase 1 which is approval. I was told to expect a FEDEX package from BOA and will list my options and then go to a trial payment plan for 3 months. I will then chose my options or decline it. BOA Home specialist did say my monthly payment will go down because my case is simple. BUT we will see when my packet will come and I can explain further. Thank you for the info.
Hammertime – I read your petition. You are asking the national banks be under the control of the US Gov’t with express authority of the President? You also are asking that the Fed Reserve be dissolved; then turn around and ask that it become an agency of the gov’t? If you ask it to be dissolved how can it become an agency? To nationalize all the banks under the control of the President is simply inviting communism to the front door. This may be why so few have signed your petition. Just sayin….
Actually it’s from CREDO a pretty mainstream progressive group. Last I checked the President is the leader of OUR democracy. Seemed to work for GM. Don’t see anything wrong with dissolving an agency, removing the self interested big banks and having real policy makers and even real capitalists/entrepreneurs put in place. Hopefully it’s just starting to make the rounds. Unless it’s as an article I read said Americans are suffering from the “Freed from Facts” and they’re stuck in the fifties.
Please anyone facing foreclosure check with your bank if there is a Homeowner Event scheduled in your area. I just went a couple days ago at a bank of america homeowner event and they will help you avoid foreclosure and they will explain options for you. THEY are there to help. JUST MAKE SURE YOU HAVE ALL YOUR DOCUMENTS, I was there for 3-4 hours and met with bank of america home specialist and HUD and other gov’t agency plus the underwriter was there too! AT 5pm i got a call that my load mod got approved. PLEASE go!
Where is that laughing mouse when you need him????
Friendly advice….take Bobbi Swann’s advice before signing that is if you really ever get to that point.
@kb – I’m in CA. I’ve used the settlement verbiage from the documents on the web site and the Homeowner Bill of Rights (new 01/13 CA law) seems to have helped me at least to postpone sales. I’ve also contacted local officials and copy them on complaints to Comptroller etc.
Generally, not legal advice, it seems the banks are able to “repair” their documentation issues so the key is to establish title problems and where the money from investors other 3rd parties went with proper documentation, recording as well as predatory lending etc.
I’ve received a notice from independent audit that payment is on it’s way. They were sent out about 2-3 weeks ago. Takes 4 to 8 weeks.
If you want to leave a temporary email I can get in touch.
Thanks for your reply Hammertime. I contacted Rust Consulting today, and we may only qualify for the settlement $ by going directly through our servicer (as we weren’t in foreclosure between 2009-2010). So, fat chance on that one! Hah. Our situation is somewhat convoluted. To email… f i n s l i c e [at] yahoo (no spaces).
hammertime
April 5, 2013 at 2:43 PM
I know what you mean. They’ve tried to put us all in the same cookie cutter and we’ve gone along pretty much. Lots of confusion on settlements that we now have to track for fraud etc. Got some interesting info today and will be in touch.
Has anyone successfully had their case thrown out in which Linda Green signed a release of mortgage as VP of Wells Fargo Bank? Is there a statute of limitations in Florida that would deem this document ‘useless’ in the eyes of the court? (or is it already considered ‘no big deal’?). I found the signatures of Linda Green/Jessica Leete on a separate mortgage release for a property in another state, dated the exact same day and notarized by the same person, but with radically different Linda/Jessica signatures. Hoping that’s proof enough of forgery. Would the judge even care?
I am trying to avoid foreclosure (though we are 7 months delinquent) and grasping at straws. Have sent along a few QWRs over the years. Hoping to avoid lengthy litigation and losing my home.
The other state issue is a non-issue, unless the NOTARY stamp is from another state. They can notarize documents for different locations on the same day, but they probably could not be two places at once. Look at the County and State in which the documents were executed, not at where they were ultimately recorded.
There have been some dismissals based on Linda Green assignments of mortgage. There was also a spate of CORRECTIVE assignments of mortgage that alleged Linda Green did not have authority in the original AOM’s to sign for entities like MERS.
Without seeing the AOM’s in question I cannot offer more help.
Document everything, keep all the envelopes too. Have you been served with a foreclosure complaint or are you just in the limbo between default, attempted modification and foreclosure?
I am sometimes on ‘foreclosurehamlet’ or ‘foreclosurewarriors’. The locals there know how to contact me.
k.b.
April 5, 2013 at 1:50 AM
Thanks for your reply, JamesM – JamesX. This is not an assignment of mortgage I’m talking about, but a release of mortgage that was signed (forged?) when we refinanced. Refi took place two years after original purchase, and Linda signed the release of the original on behalf of WF. The notary stamp/signature on the out-of-state doc matches the one on our release. Regardless, today I contacted their county records office and I’m requesting a certified copy. I hope to prove beyond a reasonable doubt that the release of the original mortgage was forged. Whether this matters at all, I do not know.
We’re in that ‘limbo’ stage. We have not received a foreclosure complaint or any kind of court summons, only the occasional manilla (and once, photocopied) slips on the door asking us to please call the Boa Constrictor, courtesy of SafeGuard. They sent three mod packages then stopped. I’d been reading up on other people’s trials and tribulations for a few years prior to the point when we decided to stop paying, so I ignored them figuring a mod wouldn’t even be worth a try. I do plan on retaining an atty when it comes time.
I am so glad you suggested I keep the envelopes — I have a habit of doing that! If you’d like to get in touch (and by all means I would love any advice you have to offer) you can email me at f i n s l i c e [at] yahoo … Thanks very much again for your answer!
Regulators Let Big Banks Look Safer Than They Are
============================================================================
By SHEILA BAIR
The recent Senate report on the J.P. Morgan Chase JPM +0.78% “London Whale” trading debacle revealed emails, telephone conversations and other evidence of how Chase managers manipulated their internal risk models to boost the bank’s regulatory capital ratios. Risk models are common and certainly not illegal. Nevertheless, their use in bolstering a bank’s capital ratios can give the public a false sense of security about the stability of the nation’s largest financial institutions.
Capital ratios (also called capital adequacy ratios) reflect the percentage of a bank’s assets that are funded with equity and are a key barometer of the institution’s financial strength—they measure the bank’s ability to absorb losses and still remain solvent. This should be a simple measure, but it isn’t. That’s because regulators allow banks to use a process called “risk weighting,” which allows them to raise their capital ratios by characterizing the assets they hold as “low risk.”
For instance, as part of the Federal Reserve’s recent stress test, the Bank of America BAC -0.25% reported to the Federal Reserve that its capital ratio is 11.4%. But that was a measure of the bank’s common equity as a percentage of the assets it holds as weighted by their risk—which is much less than the value of these assets according to accounting rules. Take out the risk-weighting adjustment, and its capital ratio falls to 7.8%.
On average, the three big universal banking companies (J.P. Morgan Chase, Bank of America and Citigroup C -1.02% ) risk-weight their assets at only 55% of their total assets. For every trillion dollars in accounting assets, these megabanks calculate their capital ratio as if the assets represented only $550 billion of risk.
As we learned during the 2008 financial crisis, financial models can be unreliable. Their assumptions about the risk of steep declines in housing prices were fatally flawed, causing catastrophic drops in the value of mortgage-backed securities. And now the London Whale episode has shown how capital regulations create incentives for even legitimate models to be manipulated.
According to the evidence compiled by the Senate Permanent Subcommittee on Investigations, the Chase staff was able to magically cut the risks of the Whale’s trades in half. Of course, they also camouflaged the true dangers in those trades.
The ease with which models can be manipulated results in wildly divergent risk-weightings among banks with similar portfolios. Ironically, the government permits a bank to use its own internal models to help determine the riskiness of assets, such as securities and derivatives, which are held for trading—but not to determine the riskiness of good old-fashioned loans. The risk weights of loans are determined by regulation and generally subject to tougher capital treatment. As a result, financial institutions with large trading books can have less capital and still report higher capital ratios than traditional banks whose portfolios consist primarily of loans.
Compare, for instance, the risk-based ratios of Morgan Stanley, MS -1.46% an investment bank that has struggled since the crisis, and U.S. Bancorp, USB +0.18% a traditional commercial lender that has been one of the industry’s best performers. According to the Fed’s latest stress test, Morgan Stanley reported a risk-based capital ratio of nearly 14%; take out the risk weighting and its ratio drops to 7%. USB has a risk-based ratio of about 9%, virtually the same as its ratio on a non-risk weighted basis.
In the U.S. and most other countries, banks can also load up on their own country’s government-backed debt and treat it as having zero risk. Many banks in distressed European nations have aggressively purchased their country’s government debt to enhance their risk-based capital ratios.
In addition, if a bank buys the debt of another bank, it only needs to include 20% of the accounting value of those holdings for determining its capital requirements—but it must include 100% of the value of bonds of a commercial issuer. The rules governing capital ratios treat Citibank’s debt as having one-fifth the risk of IBM IBM -0.43% ‘s. In a financial system that is already far too interconnected, it defies reason that regulators give banks such strong capital incentives to invest in each other.
Regulators need to use a simple, effective ratio as the main determinant of a bank’s capital strength and go back to the drawing board on risk-weighting assets. It does make sense to look at the riskiness of banks’ assets in determining the adequacy of its capital. But the current rules are upside down, providing more generous treatment of derivatives trading than fully collateralized small-business lending.
The main argument megabanks advance against a tough capital ratio is that it would force them to raise more capital and hurt the economic recovery. But the megabanks aren’t doing much new lending. Since the crisis, they have piled up excess reserves and expanded their securities and derivatives positions—where they get a capital break—while loans, which are subject to tougher capital rules, have remained nearly flat.
Though all banks have struggled to lend in the current environment, midsize banks, with their higher capital levels, have the strongest loan growth, and community banks do the lion’s share of small-business lending. A strong capital ratio will reduce megabanks’ incentives to trade instead of making loans. Over the long term, it will make these banks a more stable source of credit for the real economy and give them greater capacity to absorb unexpected losses. Bet on it, there will be future London Whale surprises, and the next one might not be so easy to harpoon.
Ms. Bair, the chairman of the Federal Deposit Insurance Corporation from 2006 to 2011, is the author of “Bull by the Horns: Fighting to Save Main Street From Wall Street and Wall Street From Itself” (Free Press, 2012).
Does anyone know how to get proof that the bank, trust, REMIC and or servicer has been paid AIG Credit Default Swap funds? If we could find a way to prove they received these funds, (which we all know they did, the TARP bail-out included $183 billion dollars to AIG to cover these credit default swaps), we could prove unjust enrichment and get the foreclosure dismissed, most likely with prejudice.
they were mortgage bundles and we saw this way back when they destroyed the records so much for that plan we tried to relocate this information and it was gone
so our lawyer is aware of this , he said he would be there for this and we did not need to be. So this is done deal , we paid two attorneys and the banks were paid way back when and our disabled daughter suffers the consequences of us losing our home that we moved so we could make her feel more secure.. nice world thanks
Yes km…that is what the courts are doing, you will not get the justice you have been told since we were children…It’s all a big fat lie, know that before going in front of any judge…the bans lawyers lie so you should too!!it’s a travisty and there is no end in sight!
Question.. Judge has ordered case management hearing we do have attorney and case is on docket , they cancelled last hearing the servicer why is Judge doing this is he trying to escalate the process to remove it from docket or is this to speed up eviction ?
anybody have suggestions on mediation on a few slum propertys I am just a title researcher who can not believe my eyes.this is my first battle there are many more ahead.
I am in the middle of two abandoned forclosures I never signed the mortgage on however I hold the deeds I have tried the motion to dismiss for lack of promisory note and in Fl. they dismissed my motion. I asked the judge for mediation, it is now coming up in a few weeks.I doubt anything will be settled at mediation. forclosure mill Gladstone law in bocaraton Fl.will be sending a bank rep. from ist. bank N.A. or bank of america this is a mers transfer however its not on the complaint
any ideas? This is slum property
New York Fed Protects Bank of America From Big, Bad AIG
=============================================================================http://www.fool.com/investing/general/2013/02/19/new-york-fed-protects-bank-of-america-from-big-bad.aspx
Credit Suisse Put ‘Garbage’ Mortgages in Bonds, MBIA Says
=============================================================================http://www.bloomberg.com/news/2013-02-01/credit-suisse-put-garbage-mortgages-in-bonds-mbia-says.html
If these crook Bankers were doing what they are supposed to be doing with the public debt, there wouldn’t be a need for anyone to file for Bankruptcy.
All Homes and Utilities and anything else considered ‘public debt’ is already pre-paid in advance.
Are you ready to blow your top?
Remember HJR-192 aka Public Law 10 chapter 48, 48 Stat 112?
That’s right folks. When they took our Gold, they took away our ability to actually ‘pay off’ anything. So, they had to give us a remedy, and that remedy is Public Law 10.
Remember now, ***we are still in Bankruptcy (1933).
All public debts are pre-paid in advance. That means all utilities and homes as well. When you sign the note on your home at the Bank, you need to walk out with the Deed, because your signature just paid off that house.
But the crooks don’t tell you that. No, instead, they endorse the back of your promissory note and deposit it in a secret account in your name. Then 72 hrs. later, they call the Treasury Dept, and say “Hey, someone has abandoned this account, can we have it?”, and the Treasury says “Sure, it’s all yours!”.
Then the crook bankers pillage that account for about 10 times more than the actual money that was created with your signature (remember, fractional reserve banking?), and then have the ballz to Con You Into Making $1,200.00 Payments AGAIN on that house for the next 30 years. that you just paid off 3 days ago when you signed the Note.
How’s that for screwing you three ways to Sunday?
No Joke People: You paid off the home the day you signed the Note at the Bank. It should have been over, done, no more payments, free and clear. You walk out with the keys and the deed, and the Banker is supposed to take that promissory Note to the Treasury window and Discharge the debt.
Remember, it’s not HJR-192 you use in your argument, it’s “Public Law 10: Chapter 48, 48 Stat 112 ….. That’s the Key!
Remember also: The Bank did not loan you jack $hit. They had no money to loan you, until YOU signed the Note. Your signature created the money, it’s all a con; all of it, from day one.
Listen to Rod Class explain how your signature is what creates the money in Episode 598, May 25, 2012 in the Archived shows as you scroll down the page: http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=4…
Listen to his other shows; he’s driving home the Bankruptcy and how it’s effecting all of us. At some point in almost every show, he gets into the 1933 Bankruptcy.
And to add injury to insult, if you miss one of those ‘other payments’ that you are paying monthly (even though you already paid off the home), the greedy boogers will show up with the Sheriff and steal your home and repeat the process again.
Yes, I said they come and STEAL your home, because you already paid the home off with your signature; they are just double dipping on you.
The whole system is setup for confiscation. They are THIEVES and CRIMINALS, the whole lot of them!
Read it yourself: http://www.myprivateaudio.com/WHERE_DOES_THE_FRAUD_BEGIN.pdf
Source of above link: http://www.myprivateaudio.com/Bank-Fraud.html
NOTE: It’s not HJR-192 you want to argue, it’s: Public Law 10: Chapter 48, 48 Stat 112 . That is Law.
People are walking out of the bank without the deed. They are signing the deed over to the bank instead of putting it in their pocket when they leave. Did you think they were going to TELL YOU that you just paid off the home? And that THE BANK WAS STEALING YOUR HOME FROM YOU?
In Liberty and Beyond!
Note: READERS! ****PLEASE UNDERSTAND THAT ‘WE’ IS NOT YOU AND ME! THE REPUBLIC – our true government – IS NOT IN BANKRUPTCY! THE CABAL PRIVATE CORPORATION MAFIA, AKA THE UNITED STATES OF AMERICA CORPORATION, PRETENDING TO BE THE ‘GOVERNMENT’ OF THIS NATION SINCE 1933 IS IN BANKRUPTCY VIA THEIR GREED AND TRAITOROUS ACTIONS AGAINST THE PEOPLE OF THE united States of America and the Republic. IT IS THE CORPORATION POSING AS OUR GOVERNMENT THAT IS IN BANKRUPTCY. THIS PRIVATE CORPORATION’S DEBTS ARE NOT YOURS NOR MY RESPONSIBILITY. Apparently the author of this article is not aware of this fact.
My name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom had a terminal illness and was oxygen dependent. My mom studied diligently to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told it was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sued us in unlawful detainer court, they are trying to evict us. My mother was fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing arguments about how we were robbed of our home was irrelevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout that no one might help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff lockout, but to no avail. We were given an additional 24 hrs cos we still had a lot left to pack, the locks were changed but we were allowed to stay until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She cried and he told us that we had known for 2 weeks on what date we had to be out, that was time to have made arrangements. Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like dogs. It was a hot day, I loaded her machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I had no plan. My mom was in shock and had never asked me what we were going to do, she always had it figured out, everything had changed. I didn’t want her see me worry So we went into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere.. So we didn’t have any money for a room and had to sleep in our car, the oxygen concentrator was a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. It was a nightmare. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom was elderly, had a terminal illness and was oxygen dependent, yet was forced to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sues us in unlawful detainer court, they are trying to evict us. My mother is fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing nothing about how we were robbed of our home was relevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout so that there was no one there to help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff and the lockout, but to no avail. We were given an additional 24 hrs because we still had a lot left to pack, the locks were changed but we were allowed until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She was crying and he told us that we had known for 2 weeks on what date we had to be out, Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like we trash. It was a hot day, I loaded my moms machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I really didn’t have a plan. So we got into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and so sick and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere soon. W didn’t have any money for a room so we had to sleep in the car, the oxygen concentrator is a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting for the house, she called wells Fargo requesting relocation assistance, and was wanting to appeal the judgement but being displaced we couldn’t locate the documents we needed or come up with or the money within the 30 days we had to file by, so her hope was fading. She was hospitalized again for a few days and I asked the hospital to please keep her for the weekend and allow me to find a better place to stay, as being confined to a small room with 5 dogs is not going to be good for her. I was trying to make arrangements to go somewhere else or have the dogs stay with someone for a while, the hospital couldn’t hold her any longer and was going to give her a taxi voucher to get dropped off wherever. My mom didn’t understand what I was trying to do and thought I was just not wanting the responsibility so was trying to leave her at the hospital. So she called me on the phone and said “Brooke you can put me in a home if you want to.” I broke down crying she thought I would leave her right then just because it was hard? I had no choice to bring her back to the motel room. And her condition was getting worse and I wasn’t going to have her die in some dirty motel room, just as the manager was pressuring us to go because of the oxygen concentrator and energy costs they asked us to find somewhere else. So I found a house with a backyard that was recently bank owned with electricity on that happened to be in our old area and I got inside and we squatted there. We were only there less than a week when my mom needed to go to the hospital again. She was in ICU and her respiratory was failing. She went in October 9 2013, and my mom passed away October 16 2013, within 5 months of us being evicted. I sued Wells Fargo for the wrongful death of my mother, she worked hard her whole life, was in real estate herself and made principle payments on a property for 23 years only to have to walk away with ruined credit? My mom died a broken woman, she came from a different generation when the middle class was thriving, the American dream was obtainable, and there was protection for consumers against predatory loans like this. In the end there was no justice for us. So I believe that murder should be added to Wells Fargos list of the crimes they have gotten away with. I had representation this time but in the end they prevailed somehow, having their Summary Judgement GRANTED then – CASE CLOSED. I don’t see how the case could proceed while I had been incarcerated for the past 8 months (for stealing appliances out of a foreclosed home in Nov. 2014) I can’t stand the bank, always profiting from what the previous owner invested, it is sickening. So now I have nothing but a lot of pain, and anger. There was no justice for us. Not then when we spotted the fraud and filed our suit, not during the foreclosure when the stole our home and granted a judgement in order to evict us, and even today as I tried to avenge my moms death that was completely the fault of Wells Fargo and every dark hearted attorney that they hire. So now what can I do? I am at a loss and what other way can I fight this? I want to feel like I did what I could to avenge my moms death so that I can let it go someday. I feel very cheated and wronged.
I live in Florida and my house has been in various forms of foreclosure for 6-7 years. It was first held up by the Countrywide/BOA thing and then I hired a “hot shot” attorney that staved off going to court for a couple years then got case dismissed before it ever did. He was great. Bank reopened the case, same attorney staved off again until it finally went to court in August 2016 and we won case on statute of limitations foul-up by bank. Bank appealed in October, 2016. Bank dropped appeal in December, 2016. Is that because of the new Florida law? Am I out of options? Statute of limitations was my last defense. Should I hire said attorney again or is this the end of the road?
Am I right that most of the users of this Board go commando without using top-notch skilled lawyers to strategize and to present and argue the facts, legal points, law, regulations, and case law in educating your judge, and then bitch about when the judge doesn’t give you what you want ???
Are you nuts ?
I didn’t get half of my home for free with my ( now FORMER ) lender ordered to additionally pay my 25% income tax on the amount of my Court-Ordered forgiven mortgage debt BY ACCIDENT, and Ben Howard didn’t win HIS foreclosure case outright with the lender unable to collect a single penny from him AND having to pay all the real estate taxes and property insurance on his property for as long as he wants to stay in his gorgeous home near the ocean by Happenstance, it took FIVE sets of lawyers……including two former Florida Assistant Attorneys General to prepare and present and argue his winning case, and I actually had (free) assistance from the government !!!!
PEOPLE, the legal system is a MORASS stacked against you (you all KNOW that)…. I plead with you to seek out and use the brilliant legal minds who have gone before through the jungle cutting the path that wins.
I have lawyers all across the country available to me who charge me NOTHING and will even represent me for free through trial should anyone else try to sue me for ANY reason, and I dare say my out-of-pocket is less than $20 a month, I can pick up a phone and call a lawyer anytime and pick their brain and have them review things…even make calls and write things on my behalf.
I WILL BE GLAD TO SHOW YOU HOW TO DO THIS !!!
I love law, you all know this, but I dare say anyone who ventures before a judge MUST have an air-tight presentation ready, you must educate the judge and show them that they have no CHOICE but to grant you what you seek ??
If you want me to help you find attorneys to talk to, it will be my pleasure. Pick up your phone and call me !!! 954 781-9300
I am a true activist in groundbreaking Florida, land where I have a well worn path and forged untold landmines in the treacherous waters of uncertainty in this ever changing landscape of unpredictability, home to many, many skilled attorneys and properly educated judges, few as they may be.
I’d love to hear your stories in person. If I can point you in a more effective direction, I will be glad to share what I’ve learned in the hopes you’ll join Ben and I, relieved of significant debt and secure in our ownership – but not after a grueling fight the other guys lost.
I’m retired, anytime 9am to 9pm Eastern is fine to call 7 days a week.
Remember, I started in the mortgage industry back in 1965, and am still licensed. This is NOT a solicitation of professional services on my part… I WANT TO SEE YOU WIN !!!
Congratulations for ‘staying in the hunt’ for justice, not just-us….bankers club. Like they say, if it were easy, everyone would be doing it. When the criminalize us for being homeless….after stealing our homes…uhhh, ‘psss, hey God….this ‘anint right’. Please accept my prayers and best of luck….CHASE needs to be dropped like the criminal cartel they are…..go get ’em! trev
Kent yes post eviction but still in the fight. Here’s article in Vanity Fair Jamie Dimon’s $13 Billion Secret—Revealed
A draft complaint documenting JPMorgan Chase’s alleged role in the financial crisis has long been a mystery. Until now.
SEPTEMBER 6, 2017 2:54 PM
https://www.vanityfair.com/news/2017/09/jamie-dimon-billion-dollar-secret-jp-morgan
Back in April author sounding pro WS but makes some sense although he may be seeing the light! http://www.latimes.com/opinion/op-ed/la-oe-cohan-wall-street-regulations-20170402-story.html
Hammertime you and I have been speaking on her for several years. Insight to DOJ files ?
Hey Kent you can pile on with DOJ files just released
I’m now in my second battle with Chase after 8 years. In the new admissions they agreed they didn’t own the note when they filed for foreclosure. Huh I give you one guess how this will turn out
Thank you Dave….your advice today, is as genuine, straight-forward and worth a try…as it was years agao…when we first ‘met’….Idaho…is so rotten that finding ONE HONEST / FAIR JUDGE who is not brainwashed by the LDS Faith….is a hunt for something rare….but do-able….and I need something to do….something productive.
Perhaps I will be that John Doe….and after I put my rack to the dust…..after I join the Fall RUT of the Ages….I would be John Buck or John Bull. . of Johnny come lately….but better late than never. Christ turned the money changers’ tables…I would like to drop a couple banks to their knees…….like they di so many of their fellow Citizens….at the top…those CEO Slugs….are just people….they have to show up in Court….they have to put their pants on….one leg at a time…like the rest of us.
I just may you up on this, the challenge…..and invite 999 others to party with me.
Time waits for no one…even a traveller.
Thank you DangeroooooseDave…you make it fun….you make seeing just how possible is…fun….your gift.-Trev
The problems are pro se litigants cannot pursue class action suits.-
Instruction- Represent yourself as Class Member 0 and disclose to the judge that you know of other possible members. Make a motion that the judge assign a US Attorney as your litigation assistant to certify a CLASS and properly represent the interests of John Doe and Jane Roe #1-999. He has a Mortgage Fraud Task Force Working Group at his disposal.
The judge will either grant your motion or deny it.
If he denies it, this is an appealable error, probably one of many. You may appeal it immediately, or just save the item for your general appeal.
Hello Ms. Kellie:
First off….no, I know nothing about GMAC but i can bet you silver dollars to donuts that the head criminal at this outfit is connected to the pyramid…he/she has too….and therefore I can get to him/her….think of it like this…..I am the lightening/grounding rod ON TOP of the 7 star lifestyle they are living….thieving from good peole like yourself. So, if the outside antenae want to ‘smack’ the tenant living in the penthouse….well….we are like neighbors…think of it like that….imagine if your cable wires could come into your house and choke you if those wires thought you were a bad ‘tenant of the Word’…mockingbird…..wit me?
I am happy to hear you are in the mid/late stages of holding these bastards accountable….and if there is going to be a tidalshift, I would expect it to come from the Lone Star State…..y’all are independent….take no crap from illegal outfits….yet you still have chalenges with the bench-stench……I have the same issue here in Idaho…as my comments 2009-2017 will support.
Here is what I can do……I can inject myself into the process…..and as the way things stand…I just did….these walls have eyes and ears. I CAN/WILL give a heads up the Magistrate….him/her….in essance I can ‘write a letter to the Judge’ respecting due process….by lending (circumstantial evidence to the claim of FRAUD and misuse of power)…..I would write this letter if you could help me with a name/Judge and address…..I have Senator Warren on stanbye and I think somewhere in D.C. is an ET who could have that Judge make certain you case is heard FAIRLY….without out political influence….I think the Clinton and Obama monsters had a fear grip on all Judges….500+ murders have been atributed to those lushes……so now that the original (real) Hillary is dead…..she is…..I suspect the fear level is greatly diminished…..(think W. of Oz, house on witch scene)…..the Judges can come out now……
same for you…..email me….give me permission…soft…..and I will try to what I can without making anything worse………how could it get any worse…these FOOLS are making up the rules as they play the game……like calling a homerun a touchdown……giving themselves 6 points instead of 1……..yeah, email and I will try to head them off at the pass………old trick.
trevor.hitchin@gmail.com
no promises….but it could not hurt…and will likely wake them stars up……deep in the heart of teh-hAs.
peace….and good luck.
I guess maybe deep down, I want to see one person clean their clocks…or as they used to say in your parts…..’Hang em high at noon’…..’make an example of them’. I have pull, let me use it for the +.
Trev
Hello Mr. Trevor ,
Do you have the connection for GMAC and all the evil that comes with these crooks. ? We have a law suit going on in Texas right now as my mortgage is the poster child for fraud, theft , deceit you name it it’s there. So now we get to fight criminals in black robes. Really pathetic anyway you slice it.
Hello bollivar4…
I would like to help you….my way….but I guess I would like to know if I can? I have had luck getting into the heads of the CEOs who lead this theft…..and idk…i may have some clout as others around the world are getting the ‘little boy horus newshour update’…ww.
Could you please email me permission…your name…any perhaps an account or reference number….my Family has had a Banking relationship with BoA since the 1960s…..and well…I am not too many standard deviations from the top of their House……
I will be civil…I will be ‘nice’…but if I fight for you….their Ivory Tower will shake.
I help to take down/out Met Life Home Loans…..but only recv’d $6k for my $300,000 in losses….it cost me more in nickles, dimes and quarters…to fight the 6 yr battle.
I have a STRONG voice and presence on twitter….so if I can help…please let me know via email.
I am the mercury drummer you see on the ’76 quarter….and the Spirit of the $2 bill.
I would like nothing more than to see one person brought back to financial life….can you list in your email how much you think thier fraud cost you….not line items…just a ballpark round figure.
I make them nervous on Wall Street and am in POTUS’s ear every hour……so mine is:
trevor.hitchin@gmail.com
if I hear back from you cool….if it is water under your bridge…I can respect that too.
I am sorry for your pain….i have been thorugh the darkest too…..and it was not easy healing while your home was being stolen……..Boise has a lot of praying to do.
let me know….and Godbless you for sharing your story.
I am sorry America did this to you….to us all.
Not the way GOD had intended it…..but then again….mabe THIS communication will lead to a silver lining….another one.
pce / Trev
not trying to be a hero…I just want to punch BoA for you…so hard it hurts them in pocketbook….so they pay you….so you have closue. There are 1000s of stories like ours….and we need to be renumerated/compensated for their white collar crimes.
WE do have people on the inside…ready to help. WE do….10 yrs later…but WE do.
Therefore you do too.
I am with the underdog, always…the Good News Bears.
cpwbtdhk
Thanks a bunch, Trevor, getting old is not a lot of fun. I have not been sleeping much at all for some time. I know what to do as I have always said, it is the simple things in life that sits right in front of our eyes that evades us. I have an order vacating the judgment of foreclosure based on motion to vacate the judgment of foreclosure. Relief sought: Dismiss the foreclosure case; Void the mortgage. The plaintiff never filed: Motion for Rehearing or notice of appeal all of which must be filed (30) days after the court’s order which would have been January 16, 2017. The court’s order is now “Law of the Case” as the court no longer retains jurisdiction. Next thing: file for a warranty deed based on my motion and the court’s order. The next thing I will half to deal with is the plaintiff refusing to sign the release of the mortgage. Motion to Show Cause Why the Plaintiff Should not be Held in Contempt of the Court. I believe will be in order.
I have had a total of (five) break-ins to my house since March of 2011. All of which purpose was to steal my foreclosure defense documents. March 2011, May 1, 2014, March 23, 2015, May of 2016 and the last one December 3, 2017. I have witnesses. I know everything about the man who broke in except for his name. I can’t tell you the reason for the sheriff refusing to investigate on this site. My intel came from a DEA agent. I finally got enough money to pay for a good home security, well I should say, multiple home securities.
I will half to finish getting all my documents together as I am still sifting through rooms of documents thrown everywhere. They alway leave my house in a mess.
I did try to get in on a class action law suit against BoA, but my BoA mortgage number was not a valid mortgage number. Who would have think it? i will be in touch. Thanks a bunch.
Bolivar
I too reside in the screwed up Cook County. We lost a 5 year battle .Shell point wound up stealing our property last minute.
Any ideas on suing the servicer aka debt collector in this state?
My loan history shows the debt was paid off in 2011.
Hi Trevor,
Here is deceitful and fraudulent acts Bank of America did to me. In November, 2005 the same year I bought my home, BoA began embezzling money from my mortgage account as evidenced by my monthly payments were not applied to my account through December 30, 2010 for a total of 23 payments for close to $24,000 and charging me interest on this stolen money.
I was unaware of this until 2014 when I received my mortgage payment history from Green Tree Servicing, LLC, another crook. I received a letter from BoA thanking me for allowing them to purchase my home equity line of credit, of which BoA needed my expressed, written agreement. Of course BoA never had my consent stating I should receive an IRS 1099C form. Then, again through correspondence from BoA, I noticed that the home equity balance was added to the interest charged on my mortgage account. Of course I never received an IRS 1099C form. After BoA increased my mortgage payments from $1080 to $2374 a month, on a 30 year, fixed rate loan, and BoA had been charging me interest on all the money they stole from me. After 30 disconnected phone calls to BoA, the rep told me, “that if I could not make the increased payments, they would not accept any more payments from me, and could foreclose on my anytime they wanted”, end quote. I have an email confirmation dated January 13, 2011 from BoA.
BoA filed for foreclosure on me on June 7, 2011, the same day I fell ill to Lyme Disease. I was subsequently approved for disability from the Social Security Administration after starving for some time while the Lyme ravaged my body with arthritis and nerve damage. Before I became ill, I had been working two jobs supporting my daughter in medical school.
Silver lining: My daughter was able to get a large grant to pay for her entire medical school which was $250,000.
i will be back later. Be well.
Amen to that.
As they say, the Lord works in mysterious ways…and yes…the last ten years have been hell on earth…hell indeed. Your adivce is welcoming….and since those who stole from us…those who abused their power….they will have to answer to GOD…as we enter the 1,000 years of ‘cleansing’.
Now you that you mention it, losing my homes actually has brought closer to Spirit….and I have met the most beautiful people….in my stuggle…….and I would have never met them had I been comfortably home….a tripple edge sword. I literally found myself STANDING ON a blank note card….at the Boise City dump….seagulls over head…..being thrown out of my home….the card read “GOD will take care of you”.
I still like my idea of ONE courageous Lawyer….taking on a multi-defendant class action…..for $ Billions…..but then again…Christ Himself asked for one…..just one good man or woman to stand….and even for him…..no one jumped at the chance.
I see change coming…..lessons learned. I see fairness in our future…..the meek shall inherit the new earth…..the land we cannot see yet. The sea shelves rising…..
Thank you….and IF there is ONE brave attorney….ONE firm willing to fight for all the marbles….please reach out.
If Drug Cos. can do this……..if major Insurance Cos. can do this…SO.CAN.WE.
peace.
Trev
Hi Trev, you are so correct. The problems are pro se litigants cannot sue for class action suits. That is the law in most states and federal courts. I have been where you are now and it was so bad, I get very upset just thinking about it.
You must be a very good person. “Wherever good does, evil follows”, Master Ling Chi. Circa 1974. “The longest journey begins with the first step”.
Being good will not get you where you want to be. First, I am not a blind faith follower. I believe what I see and hear. Me and others that were present has seen and heard the voice of our Lord and Savior, Jesus Christ on sever occasions. For most of us, even me it takes time to imagine such an all powerful being and to quiet your mind through meditation or any means you can use to connect to Him. It takes time and effort to abide by His teachings. Praying for your enemies is the hardest thing I have had to overcome, but it does work. You will be tested so be prepared.
Good luck in finding a Christian minister that believes in God. They are few. The practice of Macrobiotics will help you rise to level you can’t imagine in your present state. Look for counselors in your area.
I have to leave this post for now. God bless and be in touch.
hi all….still here…and yes…plenty of Bankster Scars to show for the abuse….2 homes…both in ADA COUNTY, IDAHO….Mayor’s Brother, the Judge did not even show to my Summary Hearing….where I lost…..so yeah, well travelled on this road of sloth.
I have an idea….why can’t we just CLASS ACTION (People of United States v Met Life Bank, Wells Fargo…First American Home Mortgage….etc….et al) why can’t we just add our names to a list…..pull a MASSIVE number out of the air…say $10 Billion…and go to town….and make our way up the JUST-US tower…….I am not done fighting…..but I am done hitting my head against the wall…….
How far from reality am I?
I am at the top of the food chain….starving.
I am trevor.hitchin@gmail.com if anyone wants to ‘chat’ 1:1 about this.
Our Country looks pathetic after what was done to us all….writing from a Motel room…and I am lucky to have enough to be here……..lost $1m + to the Boise fraud…..I want my money…I want my slice of the Fairness Pie….I was tortured…I was left to die…they STOLE my homes and raped my finacee on Christmas…the Cops…the Boise Police did…gang raped her 2011….NOT one cop has been arrested yet. Boise = Hell on Earth…..and the ‘mormon morons’ at the helm say it is the #1 city in America. Maybe Amerikkka, but not America.
Not the Country we have called home….me for 46 years.
Cheers.
Never give up……ever.
Trev
You’re the 3rd or 4th World Savings case I’ve heard about in past couple of days. Seems like pattern I’ve been seeing where certain lenders are pushing through theft of homes at certain times. When a county or area is corrupt only option is to make corruption charges to higher ups. Other option were trying is making public and showing any loan is potentially fraud and anyone can be affected not just “deadbeats”. An apartment building, commercial properties, properties not in foreclosure would be powerful and hit them on public opinion side which is only thing politicians care about.
Bolivar4 nothing surprises me w this corruption abd fraud will b in touch
Broker Sharon we are at the next stage and most don’t realize it. With the Wells Fargo scandal and Chase investor revelations, recent cases in CA it’s more and more clear courts and judges are corrupted and our homes are stolen. We still must stay out of the court trap as long as possible but now is the time to come together and demand justice and due process.
How do you fight when the judicial system is broken ( one-sided) especially in Lee county Florida. The judges are not following the he rule of law. We had 7 attorneys followed with corruption or incompetence. When asked to counter sue for fraud they would say what fraud. Had pick a pay world savings predatory loan, improper late charges when all payments paid on time. Have proof with receipts from post overnighting from post office. Forced placed insurance when had insurance and never lapsed, during mod they did not reduce interest for 3 months out of 12 (7.1 to 4.75% on 2,000,000 loan equates to almost $12,500 total overcharge, late charges of $16,000, forced placed insurance $4,700. This was a n induced foreclosure creased by design. The used a realtor to do drive by bpo on a 43 unit apartment building and swore to court property value of $1.3 mil without viewing financials and viewing 30 units remodeled (tiled thru out and 37 occupied out out of 43 units,)
Bolivar4 that’s an amazing story. Whst state are u in? Same extreme case group of us planning to publicize take group action on.
I live in the broke state of Illinois. I know a man that is a semi-retired DEA agent. He told me that disbarred lawyer, Al Williams, the former state prosecutor was selling heroin and cocaine. Al Williams heard he was being investigated for drug dealing, he began stealing money from all his clients including $100,000 from a 97 y.o. nursing home patient and $25,000 from another nursing home patient who was 95 years old. He is now in foreclosure. Karma. I would like to publicize my case. bollivar4@gmail.com thanks.
Same here Bollivar. You know of any LAw firm in Crook County that are willing to Sue Non Licensed Debt Collectors that steal properties here ? New Penn DBA Shellpoint. What a crooked State.
http://www.realtormag.realtor.org/daily-news/2017/08/11/largest-institutional-landlord-merger-proposed Pottersville is upon us… with stolen homes.
Countrywide began embezzling money from my mortgage payments and escrow account in October of 2005 not long after I bought the house. This fraud was continued by Bank of America through December 30, 2010 when BoA increased my payments from $1080/month to $2374/month on a 30 year, fixed rate loan. BoA rep told me if could not make the increased payments, they would not accept any more payments from me and could foreclosure on me anytime they wanted. (coercion). After my lawyer was disbarred for taking bribes from BoA to derail any defense to foreclosure his clients had, I had to take over. The judge was extremely biased, prejudice and discriminated against me (I am disabled, violation of Americans With Disabilities Act). I was very ill from Lyme Disease, but I kept fighting this corrupt judge until I wore him out. I finally got an order vacating his judgment of foreclosure with a stipulation that I must hire a lawyer to keep his order. The criminal servicers bought every bloodsucker in my area. I will bring this up at the next status hearing. I have other tools under my sleeve. I have lost a lot of weight and several teeth in this battle. I am more than ready to lose more body parts whatever it takes. Being a homeowner is not easy.
Thanks for sharing this. All of us who are on the winning side should take our strongest arguments and share them (privately) with others who are still fighting. Time to tell the banks to stick to the original purpose for which we the people created them.
We have two issues…One, who owns the house, and Two, who owns the mortgage
Now, most people can’t take title to a house without obtaining a mortgage. and In order to GET a mortgage, you have to agree to 1) pay the mortgage off, and 2) keep the property repaired and in good shape PLUS pay the taxes and insurance to protect the owner of the mortgage, whoever that may be o you you fail to do any of those things.. YOU GIVE THE RIGHT TO FORCE A SALE OF THE PROPERTY TO PAY OFF THE MORTGAGE. If you keep your promises, you can sell or pretty much do whatever you want with it that isn’t illegal.
That concept isn’t that difficult.
But when someone DOESN’T keep their contractual promise, don’t think you can distract a judge with confusing them on who is entitled to force the sale…its pretty immaterial. Who is entitled to the proceeds really doesn’t involve you, that’s between others to fight over. If you or a court sells it, if it sells for more that what is owed will come to YOU, if it doesn’t cover what is owed, you could wind up no longer having title to the property…you MIGHT find yourself STILL OWING THE DIFFERENCE, hopefully that won’t happen.
There are only TWO PEOPLE I know personally who actually wound up doing really well.
One is a good friend of mine who WON his foreclosure case, and although the mortgage still is recorded against the property and ‘of record’, the company who tried to foreclose on them HAS TO PAY THEIR annual insurance AND real estate taxes, …..and he gets to stay in his gorgeous two story home right off the ocean without paying ANYTHING other than the utilities !!!.
The other person is myself . I had both a first and a second ( a Line of Credit ), both of which were approximately identical in amounts still owing. My first promised to roll my low initial “teaser-rate” three year ARM into a fixed rate for the remaining 27 years at no cost to me, and after telling me not to make the January 2008, February 2008 or March 2008 payments or they would cancel their offer, and promised they were setting my next payment to be April 1, 2008 – the filed a foreclosure against me just prior to April 1, 2008..
I sued everybody. The foreclosure case the first filed was ordered to be modified to a fixed rate, and the second, which then went to federal court, and with the help of the Justice Department, the bank was ordered to forego all interest and forgive the balance of $82,000 and pay $20,500 to cover the federal income tax on the canceled $82,000 debt, leaving me with about half of my property for free…half is better than none.
Both my friend and I did extensive investigation and legal work.
That’s what it is going to take YOU if you expect to defeat something and collect damages.
to read
Remember the law is CONSTANTLY changing and the whim of a judge can never be absolutely predicted….
In Florida, where we both are, the Bartram decision basically said the SOL stands, but ANY default that hasn’t been past the SOL, the right to foreclose stands. HOWEVER, you need to carefully read the recent 4DCA opinion in Sandefur v RC.
My friend used five different attorneys including two former deputy Florida Attorney General, to win his case, but because he won, his five figure attorneys fees were fully paid for by HEBC, who tried to foreclose on him.
I did all my own legal work, but I have been in the mortgage industry since 1965 and read Appellate decisions for a hobby, and I was going against Wells Fargo and BofA who both have done so much wrong they made it easy for me…. but it was painstaking ( you can pull up my case in the Broward Case Search)…pay attention to the Order signed by the head judge Jack Tutor !!!
(I was given the green light to separately sue Wells Fargo !!!)
If you have ANY scoop of misconduct by Wells Fargo or their alias American Servicing Company (ASC) now moved around to under their Wells Fargo Home Mortgage, or HSBC or “ACE SECURITIES”, please let me know…we could very well be of help to each other
Tom Heinrich
Tom:
Would you happen to know of any cases or individuals, including their attorneys, who have had any success against US Bank in attempted wrongful foreclosure actions. I am in a non judicial state in the 11th Circuit. I need any useful insight I can get at this critical juncture. I had/have a solid TILA rescission claim that the courts have conveniently bypassed.
Any ideas would be greatly appreciated!
MB on the Bubble
I am in NJ and motion of summary judgement was recently denied, first of all US Bank as trustee *(if that is your case) can not foreclose as they have no rights. I need more info on your exact situation like who originated your loan , who is named as plaintiff, is there a trust/trustee involved and was your loan “sold” at any point. If you’d like the details of my case feel free to email me at d.casey17@yahoo.com Best of luck, don’t give up the fight, we are making headway in this charade
you may find this interesting.
https://www.usbank.com/pdf/community/Role-of-Trustee-Sept2013.pdf
Payments could have been kept up easily for most people if the banks had not gambled away our economy. Read, “The Big Short” and “Fool’s Gold” and “All the Devils are Here” all available on audiobook to understand.
also, “House of Cards” and “Too Big to Fail” as well of course of ” Chain of Title” all available on audiobook. Listen to it in the car.
I wouldn’t hold my breath
Finally, the judge, sensing there are “material issues of fact” hahaha, has denied Plaintiff’s motion for Summary Judgement, and has asked counsels to contact the court to set up a trial date. The question for this group: Should we ask for a jury trial or go with the bench trial? Any info. is appreciated.
Here’s a chance to have an impact. Please sign petition to stop eviction of Purple Heart veteran and his wife. Wells Fargo claims they can’t do anything as Mr. Sexton tries to survive Leukemia and had $30,000 to $40,000 stolen from him by sham operation. Eviction scheduled for Tuesday.
A review of public documents shows the worst cast of characters MERS, AWL, Fidelity/LPS (Lorraine Brown). 12/16 Fidelity was in settlement talks for robosigning for $60 mill on top of LPS previous settlements.
Appears to be worse than usual broken chain of title.
The trustee doesn’t have many foreclosures in area of the property or even CA but very active relatively speaking in Midwest, South and East coast.
https://www.gopetition.com/petitions/urgent-stop-unfair-eviction-of-senior-purple-heart-recipient-and-his-wife.html
Signed and shared on the Facebook group: United Against Foreclosure Fraud. Thank you.
https://www.facebook.com/senatorelizabethwarren/?hc_ref=ARQ5EBJ_ujy3TAYzixicsowPXjkVgnGB7ULGEyXOkMorq9T0Lw7cDCHj6B2KR5fuCwU&fref=nf
Thanks for sharing waiting on AG response, will be following up. Lots of fires going!
So sorry to hear sharon. I surrendered my house in bankruptcy after chase reneged on 2 loan mods because they could not figure out ownership of the loan. How can they give loan mod if they do not have right lender on mortgage. I should have contested it more but after 6 years, i had enough I hate i had to file a bankruptcy just for the house but they kept adding on all these unexplainable fees and i has other assets that their criminal lawyers probably would have come after and could not risk it. I believe obuma wanted to break down the middle class and this was his way of pushing us down so he just insulted us by diverting monies that should have went to help homeowners. Never trust the banks, your realtor. They r only out for themselves prices for homes now are back to pre 2008 prices and buyers really need to beware
This is exactly what continues to upset me. How can the banks get away with this? In my opinion your home should be returned to you, regardless of what you were forced to do in bankruptcy court. You can look up on youtube, just type in “Bernanke questioned about trillions” and see that money was given to banks all over the place, even in foreign countries after the crisis yet people like us couldn’t get new loans, modifications, etc. Justice has still not been served to the American people at all in this. Many of these homes still sit unoccupied. I pray our government will finally realize these homes need to be returned to their rightful deeded owners, not the banks or investment groups, but the people who lived in them and bought them for their families. I pray our government will have the ability and desire to do this because it is the right thing to do.
Except Obama was left with fixing the financial crisis and the “war on terror” and people are still falling for it. Republicans wanted to let foreclosures go forward no matter what then both parties with the bribes of the banksters corrupted HAMP and the bailouts which every politician now needs to come clean on. We can’t just believe whatever we want, we need to challenge this crime on on our country wherever we are are and no matter what party we’re from.
Hammertime, I’m not sure about what politicians are complicit. I think it is individual. The people that wound up taking my house were the bank or group of investors, the judge and the sheriffs department. They are directly involved. So the problem seems to be a failing in our Judicial and Law Enforcement Departments.
This is how the banks operate thru fear, intimidation, trespassing, trampling homeowners property rights, fraud. They use whatever evil means they have available to them which are plenty because as we know the banks also stole the money that should have helped the homeowners. They f$$ked up and the taxpayer gets screwd and they keep sticking it to us. They just want to make it go away anyway they can and the only way they can do that is to keep on with their corruption they started. They have to bully u out of your house so they can start over abd if they get you out with fc judgement and dump deficiency debt on you, they will bully you until you stop fighting or they put fear in you until you go away. Why doesnt our current president mention anything about this. All u hear is about the 2008 crisis, but no one really talks about all the people who lost their homes. They want us to forget and go away, but anyone who fought to save their home and see how corrupt the banks truly are will never forget and we shouldn’t. In fact there should be a history book approved in public schools explaining how the banks brought the crisis on themselves and how they wrecked families and their lives by forcing us out of our homes. Most of us are forever scarred. We are casualties of the foreclosure civil war!
All so true. It comes in waves, just when I think I might be starting to heal, I become obsessed again. This tells me, it isn’t a scar, it is still an open wound. I attend to it by learning what I can, trying to go on with my life and writing letters to those who I believe may have authority to do something about this. We can’t be left behind destroyed and empty handed. There is no justice in this outcome and it will bother me until the wound is healed with justice. I don’t know where it will take me but I know I can’t let it go. I believe at this point that the banks could be declared an, “enemy of the state.” for the upheaval they have caused on American turf and the destruction and weakening of American families that has been the fallout.
Don’t give up but also do not worry yourself.
How do we know that spies, terrorists or organized crime, gangs etc. are not using these homes that good American citizens have been driven away from? How do we know that a foreign entity is not buying up huge lots of them for nefarious activity? How can the government be letting this happen? We are told that our country is so concerned with National Security. The banks have opened us up to the greatest security risk of our time, in my opinion, millions of homes in which good citizens of the United States have been driven away from that are sitting waiting to house invaders. Was it planned? That is a good question. How can I believe it was not planned when I tried again and again to get a modification, to pay them back and they refused. When I was threatened in front of a room full of witnesses and driven out of bankruptcy court by a government trustee? The only thing they wanted was my home. My little 800 square foot home. How does this make sense? The government must intervene to give these people back the control of their homes. Read the Reuters article I have placed here. http://www.reuters.com/article/regulations-zombie-idUSL2N0MA0Z520140313 I waited in my home. They had to remove me. What happens there now is the responsibility of the Sheriff’s Department, the local judge and ASC/Wells Fargo/US Bank until I receive notice that my home has been given back to me. We should all receive these notices. It is the only right thing to do for the future of our country and our people. The only safe thing to do for all of us..
…maybe someone didn’t like his neighbor so much because they had a low level job, was poor, didn’t mow the lawn enough, used foul language, whatever, but they were regular people. American fabric, neighbors. How is our government giving control of huge lots of houses to banks who have very little government oversight? Who were handed billions of dollars (Too Big to Fail) with no restrictions and simply “trusted” to fix things. Really?
Ims53. Are you going through a foreclosure or did you loose your home?
The Sheriffs came and removed me from my home last May – 2016. 4 Sheriffs came to my door. They proceeded to place all of my belongings into a container which remained on the street overnight then was brought to the local dump the next day. I called the town and begged them to hold on to it so I could bring a truck to retrieve my belongings. I spent a May Spring Day as an American Citizen retrieving my belongings from a local dump after a half a Trillion Dollars was given (lent?) to foreign banks by my own government as I begged for years to be granted a modification only to be told by the bank that they cannot give me a modification because they do not participate in government programs.
@ Sharon (RE Broker). I am truly sorry for what you had to go through! A police officer dies outside of the line of duty and people flock to donate monies for the family left behind. A long parade of a funeral session where the streets are closed down BUT no such help is provided in a situation such as yours. It is truly sick that the fate of the ‘living’ continue to suffer and no help is provided. Have you or did you try reaching out to your local TV stations on your story or the plight that you faced? Or place a Utube video on line as a means of ‘warning’ others? Jamie Dimon recently made a statement to his stockholders that more needed to be done to provide housing for the lower class…made me puke! He will live his life in luxury now, but the Almighty will be his final judge.
Bobbi, thank you for your support. It is truly a lonely place to be, still embattled in the 2008 Financial Crisis nearly 10 years later, picking your things out of a dumpster after doing everything you could to try to help a bank to give you a mod who was claiming to try to help you. So wrong. Kindness and kind words do help in the healing process while we wait and continue to speak up until justice is done and the homes returned to the people.
Mick. Fyi. I had to file bankruptcy after fc judgment and the interest adds up quick and by the time they sold my house, they claimed the deficiency to be over 180k. Liars and thieves and if i wouldnt have declared bankruptcy they would have taken my rental property which i now live in which is worth anout what they r claiming in deficiency, but unfortunately in bk. You have to disclose assets or they can not give you the discharge. What a racket. These banks knew that we could not win or would not have the money to keep fighting them and their crooked lawyers based out of tampa are so incompetent or stupid or both. I would have been living in my car because I know they would have come after me for deficiency because they knew about rental. It has been a nitemare and separated me from my one and only child. I have to believe we will get justice someday and I hope i am living to see it.
Are You prepared to LIVE in YOUR CAR? If not, FIND SOME MONEY! Have a list of attorneys (the best don’t stay cheap long, and like former posters, when You’re ultimately staring at a Deficiency Judgment (where they cay can take everything, including Your current SALARY with garnishment) because (at least in Florida) that Judgment hangs waiting for ANY Thing You OWN or EARN for the next TWENTY[20] YEARS. Costs those collection attorneys (who paid pennies on the dollar for the FC Judgment) are willing to invest now are increasing, for anyone STUPID Enough to remain here (in FL) AFTER a FC, IF You didn’t negotiate Deficiency Judgment WAIVER in the FC Judgment Process. These blood suckers are going to be after You whether YOU FIGHT or NOT….so why Not Fight? All You save Yourself(here) is a few more decades worth of GRIEF!
Just file for bankruptcy: In general, a mortgage deficiency judgment is treated like any other general unsecured debt (such as medical bills) in bankruptcy. This means that whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, once you receive your discharge your personal liability for a mortgage deficiency will be wiped out.
My daughter had me listed as the beneficiary for her life insurance. She has since had several “accidents” assaults and close calls. Sure they can say I’m crazy. That is how they fight. They call you crazy. Just like Lynn on the plane in “Chain of Title”, random threats, harassment and worse. You can’t prove anything unless someone talks who is involved in their evil dealings. I have since begged her to reassign her beneficiary and thankfully she has. I can only assume the FBI just watches them do this. They know all about you. All they care about is money.
I have already read “Chain of Title”, “The Big Short” and “Too Big to Fail”. I am just about to start “All the Devils are Here.” I am going to start to send more letters soon and these books help me to be better informed when I write to the Attorneys General offices, Congress, Senators, etc. As I said in a previous post, money has gone back and forth from the government to the banks but very little if anything truly helpful for the homeowners. This is terrible injustice and I will not be quiet about it. If anyone has another book to recommend please let me know. Thank you.
Some questions if anyone knows the answer, chime in! How do you find out what pool of mortgages your loan might have been grouped in? Also, were loans re-amortized, not sure if that is the word… When a HAMP modification is done? As in, did I go back to making mostly interest only payments? Sure seems like it. I’m fighting my foreclosure sale. I’m going to fight like hell but I don’t see much evidence that homeowners have been able to win.
did you get a complaint , who is the plaintiff, there is a lot of was to find the trust info ,
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
Sorry I put this on the wrong thread.
US Bank, originated through National City but from my research it looks like my loan was sold to US Bank before I even signed the papers. Dated September 7th, 2007. It was a first time homebuyers loan if that makes any difference.
Ashley, we all fought like hell due to uncovtthe fraud and forgery being accepted by the courts.. nothing matters! The banks sold our mortgages many times over and lost the NOTES so they have to remove you to sell it to another in order to create a new NOTE! Get a huge setttement and get out, if not, you’ll fight, spend money chasing your tail as well as sleeplessness! It’s a crime by the big boys and we never win
I have no money to fight yet I will not go quietly into the night.
We do win. I won. I’m working on a site to give people specific information on how to win…and a book detailing my experience through the five year wrongful foreclosure battle. You must stand firm. You must be organized. You must research and educate yourself. You can win. Many others have…and will.
I like the part about “get a huge settlement” JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did.
-News Flash- -News Flash-
FLORIDA FC Victims
I need each and every one of You to put out the word….Desperately NEED to hear from ALL or Any that You know who’ve received 1099’s after FC judgment & also rec’d notice of, had attempted, (or worst of all) actually executed Deficiency Judgment against them as well? Liens on other property? Even Better; Garnishment on their wages? Best. Have a mean thing working, need victims. Taking bull by the horns (& no prisoners when done).
Ask them to please email me: petemichaels1@comcast.net Ask them to CALL ME 352.246.7483 anytime between 0800-2100 EDT
My house was taken, NY, Sheriffs showed up. I waited them out. Then received tax document that I owed the balance of a sale that took place back in August from one banking entity to another. Received this doc after I was removed in May. Supposed sale happened the August prior. Never received tax doc until after I was removed, well after the April 15th filing date for 2016.
I wrote to Attorney General of Suffolk County, NY State and US, under last administration. Received letter back from office of Eric Schneiderman and off office of Loretta Lynch. Letter back from US Attorney General stated that my case was referred to FBI for investigation. I have not heard since. Letter back from US Attorney General was from Ian DeWaal, Senior Counsel, Fraud Section.
Faxed this letter from Attorney General’s Office to Mr. Anderson at ASC/Wells who had responded to my CFPB complaint where the NY State Attorney Gen had referred the case for me. Shortly thereafter the WELLS FARGO fake account scandal broke.
The letter I wrote to Attorney Gen. Loretta Lynch and cc’d the Atty Gens for NY and Suffolk outlined my story of pain and suffering and highlighted how my RE career was ruined by the posting of my name in public under foreclosure. How I had gone to 3 separate workout programs physically and applied for modification again and again producing every bit of paperwork they asked for. How each time there was a different reason given as to why I could not get a modification finally culminating in only, “the bank does not participate in government programs” I contested this in my letter to Atty General. I’m a American. I should be able to have access to American government programs to save my property.
Please feel free to contact me with comments or replies. I think I forgot to check the boxes on all of the replies I left. Thank you.
In the letter from Ian DeWaal, US Attorney General’s office, he acknowledged receipt of my letter stating that I was wrongfully denied a modification and that I was verbally abused in front of a courtroom full of people as a Pro Se Individual by a Trustee in bankruptcy court and that the matter was being referred to FBI for investigation. I have the letter. Interestingly, the letter was obviously ripped open and crudely taped back together. The local Post Office said it was delivered to them that way. I have pictures of how the envelope arrived. I am unafraid, probably to a fault.
Everything was taken from me. My home, My reputation and My Career! I have no fear at this point. I will stand up for this cause even if threatened with death, jail or whatever else they want to threaten me with. I am a Real Estate Broker and private property ownership is very important to me as a principal.
Additionally when I went down to the town in Babylon I was prevented from paying any taxes and having anything to do with the tax liability for my home. I was treated as if I were a non entity, a random non- interested party and blocked.
I wish I could attach the letter from the US Attorney General’s Office here but I don’t know about the legality of publishing this official doc from DOJ or if it would harm a pending lawsuit if I could ever find an attorney to take my case. Here is the piece of the letter that is most important, I think, and I quote, “This is in response to your June 6, 2016 to the Department of Justice regarding your complaint, that your home was foreclosed, in part, because your application for a loan modification were wrongfully denied, and that you were subject to verbal abuse, by a bankruptcy trustee in public.” It goes on to give me resources to help me with the case citing that the DOJ takes very seriously how Court Bankruptcy Trustee’s behave toward the public. It goes on to refer me to the Albany Legal Aid Society and the Suffolk County Legal Aid Society. i had contacted several of these types of entities in the past, never a returned phone call or response. I contacted Albany Legal Aid and referenced the letter. I was practically laughed off the phone, however, I did get the indication that they recognized my name. I contacted Suffolk Legal Aid via email to make it more official. No response at all.
I did everything the bank requested of me. I gave them all the paperwork they requested over and over again. ASC never seemed to know that US Bank had brought me to court, when these court dates were, etc. I was working with ASC and US Bank was taking my house. while I was going along thanking them for their patience until I finally wised up. Like the people in “Chain of Title” I was not looking for a free house, I was looking to pay them back, but they blocked me, prevented me, strung me along, caused irreparable harm to my children from the constant strain and stress of becoming homeless at the drop of a hat, irreparable hard to my career and yet I still believed they were good, all their commercials said they were. I even referred them for a loan for my last Commercial RE Deal I brokered in 2014. No mercy, no consideration, no humanity.
Not only was I blocked from a modification, but I was also told I could not pay my mortgage, or contribute in any way financially to the mortgage until I had a modification in place. Completely unjust! I have the check they sent back to me to prove it.
I was still working with CFPB at the time. I received what seemed like hundreds of documents from Wells Fargo trying to defend their case. CFPB considered this adequate answer without even consulting me and just closed the case. When I tried to reopen I received word from CFPB that even if the party I am complaining about did something illegal, they may or may not inform me. Case Closed.
I see posts about CFPB and Attorney General. Know that whatever you send to them they WILL give the bank an exact photo copy of what you sent in. This can give the bank a “heads up” that you are coming after them. However, you can also use this to your advantage if you know what you are doing.
I have saved all of this paperwork.
I have printed emails. I have the letter they sent to me when I demanded in writing their answer that, “the investors of the loan do not participate in government programs.” which is the reason I was given for not receiving my modification. The letter is very vague, of course. They still claimed I owed them hundreds of thousands of dollars, after taking my house and I have the letter from US Bank in response to my letters that they refuse to forgive me the debt. I try to move on with my life but as the people in Chain of Title were unable to move past it, no matter how much time I pray, spend in the church pews, enjoy my family and new married life, I can’t let it go. It gnaws at me, particularly now that both my adult children are in need of the home for their residence. My daughter recently broke her leg and lost her apartment, my son was evicted when I was.
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
Does anyone have any suggestions for me? I have already gone to the Attorney General of the United States in 2016, can’t afford an attorney and have already had my house taken. Have already reached out to legal aid societies at the suggestion of Attorney General’s Office and there is no reply. Have already had a CFPB complaint closed simply because the bank answered me. And still I am told I owe several hundred thousand dollars.
Why doesn’t the government use the penalty money to fix MERS and give the people back their homes? It may be a naïve question. I am just getting into all of the information about it now. I was holding out that the banks were good for a long time. I needed this to be true in my heart as a Real Estate Broker. I was doing my best to work with them. I never took on a lawyer, until I wrote to DOJ after they took my home. To me, that was taking on a lawyer. I never fought the bank, only tried to work with them. Even gave them more business. They didn’t allow me to pay. Sent back two checks I sent them and told me I could not pay when I inquired. So I sat helpless in their jail for over 10 years all the while trying to modify my loan with them. They didn’t allow me to pay and yet now they say I owe several hundred thousand dollars. How does any of this make any sense at all? Where is there any goodness in this?
JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Ready for the nightmare to end. Bought the house in 2005, I have been fighting Ocwen since 2013. I know that there are major issues with my paperwork and though I have Not made a payment in over 30 months and I have stopped foreclosure over 10 times I need to be able to get this done soon. I have self taught all the defense and ways to stop them in Ga. But I now found that the trust my mortgage is so-called in hadnt had activities since Jan 2006 when it was suspended by the SEC. But on EDGAR I found my trustname . Ocwen claims to have the original note yet no assignment to my file. They have even sent me copies of the note but iddly from 2 different workers and each note has different endorsement names and a allong. Please contact me if you have any way to help. I’m not able to get a fancy lawyer, but I have a great cas
e.
Jennie.Elle23@gmail.com
I am looking for a non attorney to research a satisfaction filed by Indymac Bank. The signatures and more look bogus. This was done in Florida.
Please help.
John
bestpaj@gmail.com
“….if you cannot beeeeeeeeee….
with the one you love…………
then love the one you’re with……”
I am diggin’ DT…..not for how he was…
but how he is and will be….playing for
redemption value. I have seen changes…@ dawn.
trevor, yes at some point you have to weigh where u r at. The banks were and still are so messed up that you dont know really who u r paying and if the payments are being applied correctly. I filed BK because I didnt want the tax implications of short sale, but not sure what bk 13 does. I surrendered property so there should be none. the banks have raped us all. If you have to throw your money out the window so to speak, make sure it is worthwhile and in the hands of crooked lawyers and irresponsible banks would not be my first choice.
if I could ever go back in time….ten years…i would have played my cars differently….my win yesterday was not so much a win per se….but less of a loss….95% ‘less loss’ is to me a HUGE win……like staying at the beach long enough to see the next tidal shifts……together…we are all putting light on the dark……and perhaps our rewards for never giving up are still to come…you never can tell…..but I am glad i mouthed off like I did……I am fortunate to havei understood the entire wheel….so if I am ever in charge…I will know what not to do……scars add value…and are very expensive. when good people do nothing/say nothing…..this is the fear. . . this the pledge I took while standing on the ahes of my ancestors in Germany….
i am now thinking of this as the first year of my battle….not the last.
fight for every inch…..stay till the luck turns. pce. Y
aH….BOARD….my port of sanctuary….again we meet….again on choppy waters we sail…but we are still above not below the horizon line… i have news to report…again. to recap i was early in this shell game of RICO and collusion….and bankrot…and greed…and boise judges who are brothers of Mayor who ruled in favor of the Banks even though 50 US Attys smelled rotten foreclosure fraud..2007..2008…2009….so today…literally after ten years of their daily bs ….Met Life Home Loans and others….making my life….my credit….my everything a living hell……including IRS Tax hassels…liens…garnishments….credit destroyed…..friends and family bailed…..TODAY…i received notice from the IRS that my $375,000 fraudulent tax bill from 2007 was adjusted back down to $8,000 and that I can refile for my refund if one is owed….i can also audit my Federal and State Returns for the past 10 years…..thus changing the tidal waters…….it was like winning the lottery……it set precedence……never let go…never give up…my next stop is Qui Tam Federal in the State of Idaho…..v. Met Life Bank….. Hell is freezing over. Idaho is about to be taught a valuable lesson.
Shame on Met LIfe…Cudos to the IRS for seeing through their lies…abuse…and fraud and making the credits in my favor…finally….been a tough ten years….today was a miracle. The Met Life bastards stopped at nothing…now the 2 x 4 in Court. Never Again. @cfpb was worthless to me… as good as in on it.
GBLS….keep fighting…..the truth is killing the matrix….the light is burning it up…veil lifting. Amen!
Yeah….Today I felt like Charlie and the CC….my last piece of IRS hatemail….a HUGE WIN for the light….Forward.
ten years…then / overnight….it all changes. peace on the earth. Trev
obviously it shoud have read: ‘Charlie and the Chocolate Factory….’ the bankrot shitshow is still playing……the chocolate factory still broken….but the good guys won a big game today…..one for the little guy….but for me to have paid that 10 year fake bill would have taken me my whole life….after losing my life savings in 20 min to a compromised Judge….poetic justice. … never let go.
p.s…. if you can’t join em…beat em.
I am currently in the foreclosure process and the lis pendens was filed 2/22/2016. At the time the lis pendens was filed, they filed a copy of the mortgage and the note. The attorney had one of their own employees filed a “certification of possession of original note” as an original document specialist with the complaint, which was signed on Feb 4 2016, but a certification by a person with a fictitious title is not an affidavit and the person has no knowledge of the original documents, as they were not a party to the transaction or agreements. On March 28, 2016 they filed what they claim to be the original note and mortgage and this filing post dates the date of the date the complaint was filed. I have been fighting this pro se. I know fraud was committed. Mortgage electronic registration systems inc. has been the sole assignee of the mortgage and the note since 2005 and they are not a beneficiary, nominee, trustee etc. The mortgage assignment that was recorded literally states that Mortgage electronic registration systems inc purchased both the mortgage and the note for the sum of 10$. February 8 2013, Nationstar Mortgage removed the mortgage info from the mortgage electronic registration system and we believe it was done to hide information. There have been multiple servicers since the original loan in 1994 and there are only 3 assignments of mortgage recorded in the county records. Aurora Loan services inc had it in 2005 and then it went through multiple servicers then in 2010, Aurora loan services inc got it back and I know they did not have a license in Florida. The MERS system look up tool states the investor was lehman/fnma (Fannie Mae). Nationstar denies this but we have the min #. The fannie mae look up tool states they do not own the mortgage or the note but we know the note was securitized because they admitted it was in a REMIC trust and now they are denying it. The mortgage remained assigned to mortgage electronic registration systems inc. from 2005 until 2016 when Nationstar mortgage had their own employee assign the mortgage from mortgage electronic registration systems inc to Nationstar mortgage. There is no corporate seal, no witnesses and no corporate resolution recorded for the assignment from Mortgage electronic registration systems inc. The plaintiff Nationstar mortgage is relying on the holder rule. They claim to have the original note and the original mortgage, which I have viewed and I know it is a fabricated copy which was made by a laser ink printer. The color of the ink does not match any of the original documents that were signed and there is a twist as well because I personally signed the mortgage in a different color ink than the rest of the people. I signed the mortgage but not the note. My husband signed both. The blank endorsement is a copy of a signature, not a wet ink signature and not a stamp. The endorser signed as “attorney in fact” and there is no power of attorney recorded to prove the person even had the authority to endorse the note. The company that allegedly endorsed the note has been out of business since 2002. I live in the home with my two adult children, my 5 year old son and my 3 year old grandchild. My husband does not live in the home. I feel I am entitled to monetary damages and attorney fees. I do not want the money. I want to keep what is rightfully mine, which is the real property, my homestead and residence.
I need help. We do not have adequate foreclosure defense in escambia county florida. Please help me
T. Plott,
Look at your original trust deed or mortgage deed. Does the wording on the deed state that the security instrument secures to the lender the repayment of the note? If so, who does the instrument state the “lender” is? Does the instrument make sole provision for the “lender” to be the loan origination company/ bank, or can the “lender” also be an assignee of the original lender?
What i am getting at, is that when you took out the so-called loan, you conveyed legal title to the property to a trustee to hold as security for payment of the loan. You created a trust- as the grantor/ trustor/ or settlor of the trust. The trust res or rez, (the property put into the trust) was legal title to the real property. If the trust indenture- the security instrument/ deed indicates that the instrument secures payment of the loan to [only] the ‘lender’, then if that original lender is not owed any more money, (which it is not since the loan was sold off), then the deed is no longer valid for any purpose- because the trust has terminated! Once the purpose the trust was created for became extinguished, then the trust itself became legally terminated.
HOWEVER, the alleged note holder will not wish to acknowledge that the mortgage deed- which implemented and governed the trust, has actually become an invalid instrument, and that the original trust has for all practical purposes terminated. Nationstar wishes to enforce the deed as if the deed protects Nationstar as the “lender”, but in reality Nationstar is not the lender, and the trust terminated when the original “lender” sold the loan years ago.
Anyway, write back to me privately, and let me know what the scoop is.
Paul peggli@cox.net
I did what you said and looked at the original note/deed. JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Not sure how far you’ve gotten at this point. You have to put that information on record in court. Put it on record with affidavits and do it correctly. If you are owed money or damages then get it and don’t feel bad about it… feel great about. That’s money for you and your family. I have no sympathy for the bank. Stick to the facts in court. Be straight to the point…leave your emotions out of it. Hope this helps.
Is anybody here looking into the role being played by 501C3’s in foreclosures? We are being sued for foreclosure by a 501C3. The loan originator got merged with a Big Bank (BB), then the loan was “sold” to a 501C3. (Loan was non-performing (NPL).) We have a “pool” designation from 2015 that appears to designate both the 501C3 and the BB. HUD started auctioning non-performing loans in pools in 2010, FreddieMac followed suit in 2014 and Fannie Mae joined the fun in 2015, all auctioning off NPL pools and SAYING (hah!) that they really, really hoped that not-for-profits and minority/women-owned businesses would be the winning bidders. (Disgusting!) In reality most of these pools have been bought by various BB’s or investment houses, and the not-for-profits are complaining that they can’t get into the game because the BB’s outbid them. Goldman Sachs buys NFNMA NPL pools through a “subsidiary” (as partial fulfillment of their obligations under the mortgage settlement agreement). My question here: what if a BB creates a “subsidiary” that is a 501C3 and sells loans that the BB is already servicing into the 501C3? Do they get additional credit on their settlement obligations? Do they get additional tax write-off’s from foreclosures that are brought by the 501C3?
Need some help!!! In Texas they don’t recognize robo signing unless you have exact proof. I have docs that were signed by Judy Fabre. How do you find out if your loan was in the groups that she was caught and admired tadmitted where robo signed. Those should be fraudulent and null and void. I do I get this info for court ?
Thanks !!
dual tracking again after these banks and mortgage servicers ( which are generally the same) this is not going to end anytime soon. I dont understand why trump does not speak out on this. no wonder home ownership is down and prices are too high anyway. should go down with the rise of interest rates. sorry to hear this happen to you. the courts just issue a deed of their own fabrication, called certificate of deed or some fake name like that. they are just walking all over hard working americans, stealing our homes, part of the NWO. Wake up or they will rob you of everything you THINK you own. B******s
LMS,
1-Dual Tracking! Excellent! There’s grounds alone for their Complaint!
2-While I love where we are vs. where we could have been (LOTS Closer to full blown socialism, w/HRC clearing out the shelves of the already exhausted FED like Russian wives in the ‘grocery’ on Americans depicting ‘shopping’ under Communism in the former USSR), Trump is keeping his word, on the issues addressed prior the election. His Sec. of Commerce is bad news and Sec.of Treasury is an absolute nightmare, who RAN a Mtg.Mod. Company and LIED about his company & all the mega-banks when giving testimony B4 Congressional Committees.
3-He (Muninchyn or however You spell it) said “Banks DIDN’T WANT TO FORECLOSE, and modifications were far more cost effective to their bottom line” (I call BS, because they reigned down the FC’s in Florida INSTEAD of mods, and worse WHILE DOING THOSE MODS! They got their CAKE, ATE IT TOO, then turned around and re-sold the CRUMBS! I can only speak to FLORIDA, however I’ve read where it happened (and more importantly STILL IS HAPPENING) nationwide.They’re not only too big to fail, their too corrupt to jail (for fear they’ll educate all the small timers in adjacent cells!). & Now we get to use printed money with this LIAR’S name signed on it for the next 4-8 yrs.
Not saying Geithner was a BIT Better, but we were voting to DRAIN the SWAMP, not stock it with LARGER gators.
Trump coulda done a lot better, & then again, his sister’s a lifelong Goldman-Sacks Higher Up (yep, the same folks that underwrote & UNDERWRITE the Insurance, on the derivatives, for the Trusts, for their Trustees, for the Holders and Servicers of the Trusts Assets, all those MBS, which are founded on a failed concept from the outset….A:Real Estate always goes up, B:the stock market always goes up, C:people always pay their mortgages, and D: people NEVER, EVER REfinance those mortgages….any recent history contradicting those philosophies of biz? Ultimately, like before we’ll lose & they’ll win, even on the most STUPID WRONG Bets, because they Are…’the system’).
jmho,
-Michael
I have a question I am hoping to find an answer to. After the death of my mother the mortgage servicer refused to recognize me as successor in interest and basically demanded the due on transfer clause on an exempt transfer. The property was underwater but after a long struggle we managed to get refinancing. The loan was in foreclosure and scheduled for trustee sale. A month and a half after the new loan closed we were notified that the trustee had auctioned the property anyway, four weeks after the new deed had been recorded. My question is, how could the trustee have auctioned a property without a deed? The property was sold to the mortgage company. It all got straightened out, as far as I know, but does anyone know if this is legally possible? I’d appreciate any information.
Hi Terry,
No it is not ‘legally possible’. It IS Highly ILLEGAL. It’s another in the millions of clouds on titles that has been caused by bank corruption and judicial collusion throughout the country. You have a case, depending on Your state there are laws against this, as well as Federal Laws covering every state. It really doesn’t MATTER whether the Mortgage “SERVICER” ‘chooses’ to do, it matters what the Mortgage SAYS, and whether even that section (or the entire mortgage document) was legal, in Your state? IF (and that’s a really big word) the OBLIGATION inures (passes on to) upon all heirs and/or assignees (which is usually the case for all debt instruments, on ALL Parties thereto), normally spelled out in the FIRST and Second and LAST Paragraphs of All Mortgage/Deed of Trust Instruments (& elsewhere therein as well), You were automatically ‘successor in interest’, unless either a state probate, or federal bankruptcy court determined OTHERWISE? The “Due on Sale” (You called it ‘transfer’ & it can be titled that way) Clause usually EXEMPTS Death, Mental or other Incapacitation, because 1 of the fundamental freedoms our country was FOUNDED ON, was the right to OWN Private Property/aka REAL Estate, and the ‘estate’ part of that term meant ‘in perpetuity’ which means For-Ever, which means it ‘inures’ NATURALLY to the Family, Decedents, Estate Administrators, HEIRS of the estate. To State otherwise IN A CONTRACT would violate every tenet of the fundamental foundation of the concept of OWNERSHIP, of REAL ESTATE, <-making same an 'oxymoron'?
They Clouded Your title. Their TITLE SEARCHERS, 'didn't'. You can SUE THEM, You can SUE their Attorney/Title Company/Title Insurer. You will WIN, and every dollar and cent that You spent defending and refinancing is claimable as a damage, plus the full value of the property, ESPECIALLY if You wound up with a "Special Warranty Deed" from the former Lender? Here's the best part, and nearly all R/E & Litigation Atty's already know, ALL Costs and Atty FEES When (not if) You Prevail. Start shopping attorneys. Any who says "You have no damages" just doesn't want to take on the 'system'. Find a Good Litigator, they'll know better.
Be glad You aren't in Florida. Nearly Our entire Judicial Branch all the way to our Supreme Court has been bought and paid for with either former bank lawyer Justices, or their pension plans are so heavily weighted with BANK Stocks, they don't DARE overturn the stone covering the corruption You have documented IN THE PUBLIC RECORDS, in Your complaint.
HTH,
(& I Am NOT a Lawyer, I'm NOT giving You legal advice, I'm recommending You Seek OUT a lawyer, because even Bill Handel of 'Handel on the Law' would tell You, "YOU HAVE A CASE!".
-Michael
The trustee did not know that the loan was paid off prior to it “selling” the property. You better be certain that the title to the property is clear of the old lien now.
Oh and my friends have called around. So far no attorney is available to take on the case. At least in its current status. Post judgment. But I so agree, what attorney wouldn’t want the free publicity that this case would give? They would get rich or more rich on just this case alone. The amount of clients they’d get would be unbelievable. So many people out there are using owner financing and they are getting screwed and probably don’t know about it.
I think about those folks that lost their homes and couldn’t get a bank loan with a gun. They are all possible victims of fraud. The sellers inflate prices of homes to hide interest a lot. That is pretty obvious just from searching Craigslist for owner or seller financing. The house price is outrageous. Reminds me of those buy here pay here lots. Some say they offer 0% interest but the price of the car is 80% higher than it should be. Crazy!
I think my friends have a call into Mr Sawyer. It would be nice if they could take it on a contingency basis. The seller is not poor and owns a lot of real estate. The case could be huge.
But where are the law firms to take this to federal court? I guess they must be rich enough.
If anyone thinks of another firm, please let me know. I am passing information onto my friends who are so down and out about all of this. How the judge could not listen to a word that was said. How it could have gotten this far is what blows me away.
Has anyone ever threatened bankruptcy or a lawsuit to the opposing counsel? This is not something they have mentioned to me, but I am a bit more ruthless than they are.
Hello, Can you give more details about this case?
Soltis, You’ll need to check further back in the thread, grab her gmail acct. & email her directly? I tried (3x) & she said It was going to spam, but still never replied offline. I’m hoping whoever her friends are didn’t get hooked up with a shylock, because they’ll spend thousands and likely still lose (since they’d already ‘lost’) & get an immediately scheduled sale date. I know folks both in the area & across the state, that, IF their Equity was sufficient (& it MUST have been for Seller who’d given them loan in the 1st place, to go to IMMEDIATE FC Proceedings), would LOAN them the funds, regardless of credit, as long as they had ability to pay back and again, that ‘sufficient equity’. That’d get them breathing room, & the dirtbag seller (& their dirtbag collections attorney) out of the picture, for-ever.
she was a ‘1-hit-wonder’ who came, got her answer(s) & likely will never return (although I hope I’m wrong).
HTH,
-Michael
Hi Carmen. Thank you for the update. I know the lawyers mick mentioned are fairly decent. I actually spoke to bruce jacobs and ice legal Ice legal has alot of green attorneys. I really dont recommend them unless you get tom. And bj is going to be very expensive. He is in the high rent district of downtown miami. I really wish your friends the best and hope they kick their a$$.
Randy ackley west palm. He used to work for Ice Legal
Has anyone used Full Disclosure LLC and Jay Patterson for inexpensive PSA search?
So, say I get really lucky and get a Summary Judgement with attorney fees paid. With a CRAZY GOOD case, is there a Florida attorney who would then file a Wrongful Foreclosure Personal Injury type case on a contingency basis? All the big banksters, servicing companies who have paid heavy fines in other cases, and law firms who have been caught, are all involved in my case.
I appreciate your thoughts!
God bless all of you!!!
ALL of the ONE’s I named for Carmen, PLUS Morgan & Morgan & dozens of other ambulance chasing, class action filing big named types would SALIVATE at the opportunity to SUE YOUR FORMER LENDER for wrongful FC. We have a guy named Sawyer Smith here in Ft.Myers, who SUED BoA and WON over a fraudclosure filed by them against folks who’d PAID CASH! Not only did he get Summary Judgment, he Got a LIEN on BoA’s PROPERTY and pulled up with DEPUTIES and a MOVING TRUCK to remove and SEIZE their Assets at a BRANCH in Ft.Myers! When, after locking the doors, the branch manager realized the jig was up and the movers were going to be taking EVERYTHING out of the branch, because corporate still hadn’t paid settlement costs (including, of course ATTY FEES), he CUT a CHECK….point IS that it MADE the NEWS here and is STILL on YOUTUBE. Just Search it. And tell me what attorney DOESN’T Want to be FAMOUS?! ON Prime TIme Local Nightly News W/O having to PAY for the Commercial for same?
Sooooo, stillfighting, HellYes! Like I said they’d be KNOCKING YOUR DOOR DOWN to represent You (and a bunch more, maybe like us?) and others wrongfully FC’ed by the Same Megabank(s).
Point is, can You GET summary judgment? Can You PROVE Wrongful FC to these atty’s? If so, What in the Heck are You waiting for, old age? Jeez, Louise, I’d just love to read the filed complaint!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Happy Valentine’s Day & Here’s hoping You get motivated soon, because busting the FRAUD is about a DECADE past due?
Most Respectfully,
-Michael
LOL! Living here in Pinellas county I remember the news and the truck pulling up to the BofA branch. You’re right….that went on national news. And I can bet that attorney got a lot of business that came in from ‘free’ advertising for his process serving…!!
HA! That put a big smile on my face, Mick. I agree with you guys. Pay off what the summary judgment is. Then sue the losers for fraud. I am going to call them right now.
Oh my email address is wintworthllc at gmail (dot)com I am sorry about not including it. These people are my friends and I am so glad I found this website.
I didn’t know Morgan & Morgan handled wrongful foreclosure cases. Just looked up Sawyer Smith. Giving them his number. I wonder if he would work on contingency?
This lender owns a lot of property…. so there is a lot to be had!
If any attorney is reading this and wants to jump on a money heavy case you got my email address now.
Carmen.
Hey Michael! I got your email and it has disappeared. Very strange, it is no where in my Gmail account. Must be gnomes! hahah Can you send it to me again. I am at work and I am interested in the lenders you know. My internet at home is crap and not working properly.
Cheers,
Carmen
Carmen,
Check Your inbox (then hit PRINT!, then have a pow-wow w/customer service 2gmail!)
Hey guys all is good! They found an attorney who is just itching for this case. I don’t know the name, but they are finally smiling! Thanks to everyone, for your help.
Carmen
Hi lms still rolling w the punches!
Hi Hammertime, so true, hope all is well.
Just pawns in a billionaire civil war. We keep fighting not only for our homes but for our democracy at this point.
imo, its all part of the globalist agenda, to further dumb us down and to control. all the TBTF bankers are globalists, along with apple, etc. I have a feeling that the housing crisis could be just the start. they want to control population, your money, everything……. they are a bunch of elite sickos that need to be removed from this earth.
After reading this post of disbelief that a bank can foreclose and steal your home and that our courts allow it is just so sad! You people who are not “getting it” really need to understand that this is exactly what is happening! It’s unbelievable but true and why?
1 word.
GREED
URGENT CALL FOR HELP!
I have some friends who are looking for one of the best foreclosure appeals defense attorneys for a case in southwest Florida. This is a wrongful and fraudulent foreclosure.The property is owner financed and violates the Dodd-Frank Law at the time of the closing, the usury Law and plenty more. Basically, the seller and her so-called debt collecting attorney have lied all the way through the case. The homeowners had attorney that was incompetent with foreclosures and cost them the summary judgement hearing. A sale date has been set and they need help now.
If you are an attorney please email me directly with your information and experience with this sort of case. Then I can pass it along.
The homeowners have been through hell already and still going through it. The facts of the case are insane. How can people get away with stealing people’s homes?!
They need an angel to help them. Not someone who wants their next born so they can buy a new Mercedes and a $2,000 suit. That wont work here. These people are amazing, genuine, full of compassion, and would drop everything to help someone in need. Now they need that help returned to them. Time is ticking away FAST please hurry before they lose everything.
how can a bank steal a property that is owner financed unless, the new owner took out some type of secondary loan with a bank or perhaps, the seller that financed to the new owner has debts they have not payed and whoever their bank is is coming after seller’s assets which would include the income stream from the seller financed mortgage, otherwise the property could not be touched by anyone except the seller to foreclose if the new owner is not paying them. sorry carmen, there is more to this than you know or or saying. we know the banks are complete aholes, but there has to be a paper trace somewhere for this to fly!!!!!!
Owner financing, for the most part, is exempt from Dodd Frank in that unless the seller has financed more than 1 property per year they are exempt. Violation of usury is very, very hard to prove let alone get any kind of relief. In south Florida, where judges are more or less indebted to the banks for their support in re-election campaigns, are still not abiding by the law. Talk about corruption!!! Mark Stopa and Legal Ice are probably going to be their best bet in representation but they will need to act fast. No amount of ‘angels’ (unfortunately) exist in this nation’s court system. Best way to stop corruption is to vote out the sitting Judges and vote in those that stand by the laws of the land and not by the $$$ in their campaign funds.
Hello! Sorry that I didn’t include more details,it was quite late when I posted it. There aren’t any banks involved. The property was free and clear without any liens. The owner financed it and they hand an official closing just like a bank. The home is in the buyers name legally. The Dodd-Frank law section on Residential Mortgage Loan Origination Standards covers owner financed properties. In a nutshell, property owners who sell less than three properties a year are exempted from becoming a licensed mortgage originator. Only IF they follow the the guidelines stated by the law. Here’s a link to the public law https://www.gpo.gov/fdsys/pkg/PLAW-111publ203/pdf/PLAW-111publ203.pdf
Page 763 & 764.
And here is a snippet:
A mortgage originator:
“(E) does not include, with respect to a residential
mortgage loan, a person, estate, or trust that provides
mortgage financing for the sale of 3 properties in any
12-month period to purchasers of such properties, each
of which is owned by such person, estate, or trust and
serves as security for the loan, provided that such loan—
‘‘(i) is not made by a person, estate, or trust that
has constructed, or acted as a contractor for the
construction of, a residence on the property in the
ordinary course of business of such person, estate, or
trust;
‘‘(ii) is fully amortizing;
‘‘(iii) is with respect to a sale for which the seller
determines in good faith and documents that the buyer
has a reasonable ability to repay the loan;
‘(iv) has a fixed rate or an adjustable rate that
is adjustable after 5 or more years, subject to reasonable
annual and lifetime limitations on interest rate
increases; and
‘‘(v) meets any other criteria the Board may prescribe;
The issue here is that the seller violated rule (ii) and (iii). They have spoken to several attorneys all of which state that the seller did violate the law after reviewing the case facts.
So need an attorney to file an emergency stay and an appeal.
Not related to this case. If someone seller finances a property and they still have a mortgage and fails to pay the mortgage, even if the buyer is paying. The bank can foreclose on the home. There have been a number of cases where this has been an issue. They see it as fraud because the seller is committing fraud by keeping the money. Here is a link to a story where this happened to http://homeequitytheft-cases-articles.blogspot.com/2011/10/builders-contract-for-deed-scheme-used.html
Carmen,
There’s Bruce Jacobs in Miami. There’s Ice Legal in Miami. There’s Kevin Jurisinski in Fort Myers, There’s Mark Stopa up around Tampa. There are plenty of great lawyers who will help them out IF THEY HAVE A CASE. I don’t know who their ‘incompetent’ atty was, or How “incompetent” he was, however in Fort Myers & Naples (aka “SW Fla.”) Your friends already have a HUGE UpHill Battle, as, shy of murdering the FC Defendants, FC Plaintiffs prevail about 99.999% of the time here, with both LOCAL and Appellate justices nearly UNANIMOUSLY being former ‘bank lawyers’ (just the way Florida BAR and Judiciary Appointment Committee Want It). That said, THEY aren’t going to acquire representation for ‘free’ because YOU THINK They’re “good people’. They sure as heck aren’t going to get GOOD representation for a CHEAP price. They may wind up in the hole, however IF They still have significant EQUITY in Said Property, I know folks who will refinance them RIGHT NOW….by like, NEXT WEEK, and they can deal with everything else, later, while simply paying off the ‘scumbag’ & scumbag’s lawyer/fees/court costs, and then PURSUING a Separate (or SERIES of Separate) Action(s) against the Plaintiff & Counsel for the purported frauds on the court, etc. IF Your friends have EQUITY, (aka their house is worth $350k & this FC is for $150k) I KNOW People who can help Them immediately (& Don’t CARE About the circumstances, as long as there’s sufficient EQUITY, and a reasonable expectation that the borrowers, Your Friends will PAY THEM BACK).
I’m guessing Your friends need an immediate motion for rehearing, or to file a notice of appeal. I can help them prepare either, if they need to start of pro se (initially representing themselves, while they secure counsel. I WOULD NOT Recommend, ESPECIALLY HERE, they attempt to ‘defend themselves’ in the appellate realm….that never ends well) however moving to the appellate realm only works IF their attorney wasn’t Completely incompetent?
There are also multiple FEDERAL AGENCIES who’d love to hear how their rights were violated (I’m concluding TILA violations, GFE Violations, and a fair # of D-F violations if this is their primary residence)? Is there a particular reason why they didn’t/haven’t COUNTER SUED for fraudulent FC and damages? IF They’ve really been ‘hoodwinked’, there are a SLEW of Attorneys who’d take BOTH the APPEAL and the Fraudulent Foreclosure Case on CONTINGENCY because if the attorney sees fraud having been committed, IN THE RECORD, he/she know they can prove it, expose it, and reverse Your “friends” existing summary judgment.
Usury in Florida is EITHER: Charging Interest exceeding the State Maximum allowed on Real Estate (read=18%, yes, You read that right, EIGHTEEN percent), or charging interest for periods of time either before the owners held title, or after they surrendered title? Usury is a pretty high threshold to meet/prove?
FYI, I am NOT an Attorney (or paralegal) and only do legal research for a few FC Defense firms. IF they have a case, any of the 3 named above will take it and save them their home. Sale Date is immediately suspended with the filing of a notice of appeal. Appeals take about a YEAR, average, and probably will cost them $10-$20k. Keep in mind that IF the “Owner” who did the “Owner-Financing” broke State or Federal Law, and that can be proven, as well as the “Owner’s Attorney” making false representations before the Court, they not only have 1heluva case, they GET THEIR LEGAL FEES and COSTS awarded (both at the district and circuit levels) if what You state can be PROVEN. nobody “can email You directly, unless You make Your email address available to us.
Please consider NOTHING I have TYPED above (or below) “Legal Advice”, as again, I am NOT licensed to practice law in Florida (or any other state). The Underlying SUGGESTION is that You have Your ‘Friends’ begin calling/emailing the above named suggested ATTY’s for some LEGAL advice. Let THEM tell YOU (or more aptly Your “Friends”) that YOU HAVE A CASE.
The FIRST bit of NON-LEGAL Advice I would give Your Friends is to REFINANCE RIGHT FREAKING NOW…close Next WEEK. Get the scumbag outta their lives and breathe easier (again IF THEY HAVE EQUITY, & I’m betting the probably do….usually landlord mindset mortgagee’s jumping the gun on FC’s are AFTER that EQUITY!)
The Second bit of NON-LEGAL Advice I would give Your friends is to GO to the COURTHOUSE, Clerk’s Office and shell out the $100-$500. to get a copy of the ENTIRE Complaint & Action, including the summary judgment ($1. per page, statewide cost). Take it to Kinko’s/Office Depot/Staples w/a THUMB Drive (or do this at home if they have a scanner) and create a chronology of “.pdf’s” keeping them to about 2-3mb ea. and number all files/including motions & orders by DATE, or other numerical procedure so the entire FILE makes Chronological Sense. HAVE it on a thumb drive when meeting with the atty’s. Let them READ the case. IF It’s winnable, the ATTORNEY will see that and tell them so. I can also share simple online format to transfer up to 2GB for free to those atty’s.
Carmen, I hope something in this helps both Them and You?
My 2 cents
Happy Valentine’s Day,
Most Respectfully,
-Michael
352.246.7483 anytime
PS:lms53…actually private lenders/owner financiers are now regularly SELLING their NOTES, so don’t assume that just because an agreement started out ‘1 way’ it couldn’t take a serious turn, ‘another way’ after a new servicer begins handling the note & pmts? Not saying that happened here, but it DOES Happen, all the time now.
Carmen,
Went trying to find You online (looks like You’ve been posting all over the place?), however WE can’t contact You via this discussion board, any more than any of the others You’ve posted at, unless YOU reach out to us?
I’m no scammer, and only aim to help Your Friends if it’s not already too late (which, by filing a notice of appeal, even up until midnight tonight may still be timely if the Summary Judgment was on the 30th, the day all Your other postings show?) Actually, Again, IF they Have significant Equity, a refinance, supplying the Clerk of Court with the Funds, EVEN THE DAY OF THE SALE, Prevents the sale. A MOTION for an extension of time to reschedule the sale would likely be acceptable and approved by the COURT, IF they have a LENDER who’s supplied an APPROVAL Letter and specific Date and Time their ReFinance can be CLOSED! I know folks who bail people out in circumstances such as theirs’, EXACTLY. It ain’t pretty, but it keeps them from losing their home and gives breathing room to consider options (like counter suit, funds for legal fees, etc.) Sitting on Your hands, Them Sitting on Theirs, only guarantees 1 outcome…a UHaul Truck in the driveway and soon (& ALL their equity going to their former seller)
CALL ME,
or better yet, have them call me.
-Michael
352.246.7483 up until 10pm.
Hey Mick, I am at work at the moment. My email is wintworthllc at gmail (dot) com Feel free to shoot me a message. That goes for anyone who knows of an attorney or are an attorney that wants to take this on.
This is a case that would set precedents across the nation. No doubt about that.
Happy Valentines Day!
Carmen
I just wanted to wish ALL YALL a GREAT turkeyday <3,,, I lost my battle,but DIDNT loose myself,,,CHASE is the devil,& I hope ALL affected by this virus of a so-called bank finds STRENGTH,PEACE,<3 OF A BETTER DAY <3
Back Atcha Angel!
Actually me thinks it’s BoA, Chase, Citi, Duesche, (<–misspelling INTENDED, TYVM!), AND Wells Fargo who make up the big 5 "SATANS", that desperately need to be broken up, forever. They aren't a virus; they ARE a plague. 7 TRILLION Now in clouded titles in the USofA ALONE! God help all the owners when they go to sell and find out the NEED for all the "Special" Warranty Deeds they Bought in to (While Goldman Sachs funded all the TItle Insurance for the worthless deeds millions snatched up thinking they were getting gr8 deals…..thank GOD we now own a Never been SOILED by the UNCLEAN HANDS of MERS property. It shall stay that way until we and our children DIE, to boot. Black Clouds of a BAD Time are coming folks, hunker down, prepare for the worst and hope for the best….we're going to need a SERIES of miracles to make it through unscathed in the next 18 months as a Country. & Like Angel, I WISH EVERY READER A HAPPY THANKSGIVING, don't forget to give those thanks Yourself, to Your God, because it could always be worse. my 2cents (& no, You didn't have to overpay to get it!) -mick
You’re so right! Thank you for sharing such kindness especially after fighting so hard for what you know was criminal. It’s tough to pick ourselves back up and move forward, I know. My battle was for 7-years, trust in our judicial system spending every last dime of our savings. Extremely naive thinking our courts would no doubt find the lender guilty of illegal foreclosure and fraud, I was made a fool.
However, the wealth of knowledge I’ve gained through this battle shockingly has taught me a huge life lesson that many people go their lifetime never having to experience.
Many Blessings to you and your family! Happy Thanksgiving 🙂
Hey Mick can you email me. I would like to rack your brain some.
Kelly,
IF You filed Your Lis Pendens at the same time You Filed a Lawsuit (Complaint)against Your former lender/servicer (or ‘pretender-lender’) rather than a motion for rehearing (or even With a Motion to the Previous Judgment) that has not yet been ruled on, for a Fraudclosure rather than Foreclosure, You’d better be prepared to fight it until You win. You haven’t ‘slandered’ title if the party that obtained it didn’t have lawful RIGHT TO IT.
IF the buyer at that foreclosure sale didn’t bother to check the court records, inside of those ‘courthouse steps’, prior their winning bid, it’s ‘caveat emptor’ (let the Buyer Beware) with ANY and EVERY FC Sale & Purchase. In addition, IF You can PROVE that You notified the ‘pretender lender’s Attorneys BEFORE that sale, You have zero things to worry about. THEY Clouded (read=Slandered) the title long in advance of You if for some reason they (can be proved after the fact to have) Foreclosed without standing or with other flaws in Their purported chain of title/ownership. I’m sure no lawyer, and this isn’t legal advice, but I can tell You we’re in nearly EXACTLY the same scenario, where we also filed an LP with a followup motion to vacate a void judgment, and we went 1 further….we served a copy of that motion, the 84 pages of attached addendum evidence, AND THE LIS PENDENS, On The Buyer. They, after committing 2 counts of Mortgage Fraud Before Service, Committed ANOTHER TWO Quickly “re-fi’ing” AFTER Service….and their Lender apparently didn’t do a Title Search? Oh Well, as Sophocles said nearly 2300 years ago: “Time Reveals Everything”. Good Luck on You and here’s Praying You & all family members old enough to do so are both registered and Voting for Trump today. A Criminal, for Thousands of Counts of violations for the Espionage Act, not to mention treating our military personnel like disposable diapers (both active duty AND Retired), and Knowing where she stands on the Whole Bill of Rights(starting w/Amendment 2) and the Next President getting a power play not seen since FDR(& he had 15+ YEARS as POTUS to get the ability) of APPOINTING 4(FOUR) SCOTUS JUDGES, possibly even 5(FIVE). It’s a staggering responsibility, and IF HRC’s granted that effort through election today, we, the fighters against fraud, are done. <-Period behind that for a reason. & If anyone out there thinks She'd do anything to Goldman-Sach's, & the rest of the plethora of Mega-Banks after Obama FUNDED their Buying out of all their competition (when both They And Their Former Competition Were Supposed to be Helping US in SOme FOrm or Fashion With that Financial Assistance) That WE the Taxpayers, provided…..well readers, not in Your grandchildren's lifetimes do we recover from a 9 Judge Liberal "Living Document" Left Wing SCOTUS deciding anything, much less Everything. Voting for HRC, is kissing the American Dream goodbye (Communists and Socialists don't approve of 'private property ownership' in case You didn't know?).
Well the Florida Supreme Court made their decision and of course not in our favor.
Which one?
Vote for a criminal not a chance
You only vote for him because you LIKE him,
and you only LIKE him, because you are…. LIKE HIM!
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Even Hitler had massive supporters. Didn’t make him right !
By That line of THinking, Hillary Felon in Waiting Rodham & Shaftem Clinton Supporters are ONLY VOting for HRC because they’re Fellow FELONS in Waiting? Your Quote works exceptionally well when reversed, because WHO we vote for Speaks VOLUMES for WHO WE ARE. Criminals (Either Sexual Predator Husbands who Raped, and Sexually Assaulted all those around him EXCEPT his Wife, OR the Enabling, obviously Chiild and Woman/Victim Hating Attorney Wife of our Former POTUS, who’s running for POTUS, who made a Career of Destroying the Reputations of those victims OF HER HUSBAND), then hid and deleted 10’s of thousands of emails each in violation of FOIA (AFTER receiving Subpoena for preservation of same….imagine if YOU or Me did that? Hmmm?) Are You an Elite Millionaire, who’s given a pass with EVERY Lie You tell, Including those to cover the former, former, former (add 30+ yrs worth) LIE? Do YOU believe the US Constitution and BIll of RIghts should be Shredded? Do You HATE ‘common people’? IF SO? Well, then You DEFINITELY Need to be voting for HRC. No question about it. If not, well, then You still have some time and some choices. You get to determine what kind of Country Your grandchildren inherit, today.
We fought the eviction but had some corrupt county judges in Fort Worth. Judge Don Pierson. Also got a judge who is leaving office and not running again so she could careless about justice. I totally get what your saying about all your complaints to other departments. I have a 15 yr paper trail of mortgage fraud. You name it I got it!!
Working with some extreme cases to do group complaint and/or collaborate, share info. This site is first stab. Very basic, will probably do basic complaint for my own case and/or a couple of other CA cases. Goal to make it public and ongoing. A TX homeowner has been in touch and tells similar story. If want to participate or contact can leave info here http://www.getyourhomeback.bravesites.com/homeowner-status
You do know who Jamie Dimon is right? Established insider deep into fraudulent foreclosures??? http://www.pymnts.com/politics/2016/trump-advisers-want-jamie-dimon-named-treasurer/
That is my thoughts. After we got the very first evic notice I called him and let him know there was a Lis Pendens filed the morning of the sale. He said I’m getting my check back! 21st Mortgage aka GMAC. Mortgage would not return his money. Not new buyer has possession of property and put it in the market and is u set contract. He found out that he could not get financing wanted me to sign off. LOL!!! He said if I didn’t he would sue me for Slander of Title. I told him talk to me lawyer and my lawyer said I don’t think so buddy. We lost the TRO but hopefully we will this since he purchased property as is.
Interesting,so far no one is touching MY property, though unlawfully evicted. Still purportedly NON bank owned after 1 yr+. barely will be getting to file lis lendens. May be all my complaints with every agency, local offiicial had some effect
@Kelly if lawsuit filed legitimately a lis pendens is just a warning so can’t see how it’s slander.
Excuse me my FORECLOSURE SALE.
Hello,
What do all of you know about filing Lis Pendens before your fire closure sale. I filed one after I filed my law suit that morning. Let attorney know and the sale went through. Attorney did not inform new buyer. Filed another suit and a new Lis Pendens now buyer wants to sue me for slander of title since I won’t remove or cancel. What are your thoughts ? I’m in Texas.
ATTENTION READERS!!!! This site has been created for foreclosure fraud, which we are all aware of is the worst crime to ever be perpetrated in American History!!! However, we know there is enough corruption to go around but tThe ONLY way to rid it….
.VOTE OUT ALL THE CONGRESS AND SENATE…….JUDGES…..ATTORNEYS GENERALS…..GOVERNORS! It may take 4 years but this corruption is allowing the banks to steal our homes through fraudulent means!!!! Stop the insanity!!! Vote Clinton for these next 4 years cause Trumps now bought by the Pence corrupt backers, those pesty Koch Brothers!!! Don’t let them into more power, this is the closest they’ve been and all you’re hearing are lies to decieve! Give her 4 years, please, I know this will work!
Firstly, I am almost done reading ‘Chain of Title’, and wanted to say Kudos to Lisa E. and Mike R. for their life’s work here. Next a shout out to all the others here who are helping one another via this forum.
Now a few thoughts:
If you look back, most people voted for Trump in the primaries NOT because he had a flawless personality (far from it), but because he brought up issues that were (deliberately) suppressed for decades by the political establishment in DC. I still believe Obama and Hillary are good people at heart and want what is best for our country, but given their circumstances (receiving campaign contributions) they will not be able to go against Wall St which still controls much of our econo-political system. Recall Obama’s meeting with the 13 bankers at the White House where he caved in and let them keep the status quo? This is documented in Ron Suskind’s book – Confidence Men. And then you take a look at this public link about HRC’s top donors
https://www.opensecrets.org/politicians/contrib.php?cid=N00000019&cycle=Career
and you can see why she cannot ‘rock the boat’ even if she wanted to. It’s a shame because had Hillary not had this baggage, I would have happily voted to make her the first woman POTUS. And as significant as that is, I realized that reforming our political system takes precedence over everything else.
So, yes, I am a life long democrat who is voting for Trump this time. There is always the chance that he too will cave in like Obama, but given what we know about Trump’s independence and fearlessness that seems less probable.
I respect and admire everyone here who is sticking to their own reasons for voting for their favorite candidate, nothing wrong with that. And let that not stop us from working together to ensure that Wall St, K-Street, and Main Street all play their proper roles in our society.
Be well.
This site, the Livinglies site, and Chain of Title have helped me educationally and emotionally during my 9 year battle to same my home. I will continue to support all of them.
But…I’m checking out for a while now that you have all turned this message board into a rambling mess of opinions.
It doesn’t matter who gets elected. It only matters that we work together with the common goal that we have had for the past decade.
Thank you Michael Redman, Neil Garfield, and David Dayen, for all that you do! I’ll be back in a couple of weeks!
Yep, guess Obama was the Republican president in 2008 when the banks were given the bail out. I suggest you vote for the racist, homophobic, sexist, child molester, rapist, adulterer, voyeur, misogynistic, tax cheater, liar, xenophobic Donald yourself. Keep your suggestion to yourself. Shaking my head.over your comments as well as the other person who implied that Obama is dumb because he has not stopped the hacking. It appears that there is a lack of basic information technology knowledge on this board. I must unsubscribe from this website. Thanks to the creators of this website but I think some people have veered off course.
Mick! I believe it has been widely announced on all media formats that Benghazi was closed as it came to light during the investigation that the Republican Congress was responsible for further expenditures…. Mrs. Clinton was cleared, case closed! However, you mentioned it as if you believe she is responsible after a 3 year investigation? If so, it’s pretty difficult to have an intelligent conversation with someone like you who believes what he believes and screw facts!! wow!
Sorry, Tom you’re getting played by the greatest con man in history!
The Donald has made it VERY plain that Hillary and Bill do the Banksters bidding for them, and he is committed to putting the bank fraudsters behind bars, unlike Bill and Oback Barama who let the banks and courts get away with (financial) murder of we citizens which is what put the entire WORLD in financial chaos, where it remains.
MORE than THAT, Trump will straighten out the crooked judges that gift the Banksters YOUR properties even though they don’t have a penny invested in the mortgage…remember banks make THREE to FOUR times the profit of these stolen loans whose original investors were wiped out to conceal the evidence.
Any reader of this site who votes for Hillary is absolutely insane, and you’ll get what you deserve….TAKEN.
I say TRUMP THE ESTABLISHMENT…The Donald is running against the Establishment, folks, – he deserves ALL the support we can give him, starting with EACH OF OUR VOTES
Tom!!!!! Come on??? It’s shocking you have become under this guys con!!! wow!!
Unfortunately you opened up a conversation expecting most to accept your statement as you wrote, portraying as you have the last and final word.
Agree, to disagree. Although I do agree with one comment you made 🙂 most of us are in real need and desparate for advice and knowledge pertaining to foreclosure since our government has failed us all. We should be coming togather helping one another more so since our voice has no sound and have been forgotten by our government who hopes the more we are ignored we will go away.
Remember…..the DEVIL has many faces and is getting rewarded by putting a wedge between us when in fact we need to come togather and strongly fight to be heard and recognized of the losses we have experienced!
Take care,
Lisa
I agree. We went the whole election season without much political rhetoric until now. Someone opened the can of worms and now wants to close the lid. . LOL!
————————————————————————————–
IMO,
The “divide and control” tactic is in full effect by the oligarchy. They continue to pit black against white, both against Hispanics, while we all have one thing in common. All us are HAVE NOTS living from paycheck to paycheck. Fighting to keep our measly homes, while most of them own 3 or 4.
Lisa, unfortunately we are too ignorant to come together and they know it. They make the Blacks seem scary and violent, the Hispanics deadbeat illegals, and poor whites the victims of both. Ahhh, what a brilliant plan, keep us fighting among ourselves while they continue to screw us. This scheme has worked for generations and still works today. They get richer while we fight over their leftover crumbs. Begging them for their predatory mortgages, car and student loans. All while hoping, believing that one day we will be them. The American dream! Just sad.
If we had any brains we would have stopped complaining and started raising money years ago to hire a lobbying firm to represent our interest in Washington. 8 million foreclosures/ donors! But nah, we are too consumed with building walls to keep out those who were here long before us, and reading hacked emails given to us by our enemy.
We can blame all the banks, judges and politicians we want, but when it really comes down to it, there is one main party responsible for our situation. US ! and this election proves it.
We the people… get the leadership we deserve.
Ok, I’m done…have a foreclosure to fight. Enjoy.
You nailed it Walter. We could still be the front lines. We are all united in getting screwed from “inner city” to the “heartland” to all four corners of our country.
No matter who’s elected we need to demand justice. Some of us are going down the road of forming an association that’s going to take a common sense approach and not have anyone speak for us.
It’s just a handful of us and we’re fighting our own cases with whatever we have but we’re gonna give it a shot without any going back and forth or blame game distractions.
VOTE ALL….ALL of the current Congress and Senate and Judges OUT!!!!
We know it’s a web of deceit with the government working with the banks so VOTE THEM OUT!!!!! It could take 4 years as elections are staggered but some of us have been fighting much longer than 4 years!!! Every State!!! It’s a direction of hope cause “they’re winning!”
Enough is enough on this site for airing political views. There are desperate people out there who are looking at this site as a means of HOPE. Please don’t discourage them with all this political raging and ragging. Show some respect. And for God’s sake let’s all try to remember that the one thing that is still precious is the Freedom of Speech but you don’t need to bash another citizen just because they don’t have the same opinion as yours. Just please, you’ve all made your opinions public ~ now just leave it at that. On Nov. 8th you get to share that opinion and that’s a right that a vast majority of the world does not share.
Hey guys, going to vote here in Fla this week.
I will make an offer to anyone willing to accept.
I don’t really care for either candidate, but I’m leaning Hillary. So if any of you can tell me, SPECIFICALLY in detail, what Donald Trump plans to do to address the big banks, that will help us facing foreclosure I will vote for him. Will he help me save my home?
I don’t want to hear anything about Hillary. I know her plan. I just want to know how Trump will address the Banks and help me. If he has a good plan I will consider voting for him. Have no clue what he thinks about the banks since his plans are all secret. Maybe he’s already told one of you guys at a rally.
And how is that going to help you fight your foreclosure? Every administration was and is corrupt to some extent. Its the way a REPUBLIC / so called democracy is. You crying bout emails given to you by Russians? When the Candidate’s former campaign manager is a KGB affiliate? Wow…You don’t care about this country…you care about politics.
Just in-case you forgot…
Prescott Bush was an Opium exporter that almost ruined china. Criminal !
Reagan admin. illegally imported drugs, sold them in the US inner cities (causing the crack epidemic) then used the proceeds to buy military weapons for our enemy IRAN. That was called the IRAN CONTRA scandal which got 3 top ranking Reagan administration officials convicted and imprisoned ( OLIVER NORTH) and almost got Reagan impeached. HUMMMM? Did you forget this when you call Hillary a criminal ?
Yep, then he and Bush Sr. conveniently pardoned them for those crimes. WOW! So, do think Obama shouldn’t do the same for Hillary? Even if they somehow found something incriminating, the DOJ would still have to bring charges, which they won’t.
FACT: Donald J Trump is on Trial for RAPING a 13yr old girl, to which there is an EYEWITNESS! Yet, you are more concerned with Russian emails about Donna Brazil ? HUH?
Moreover, are emails about someone giving answers to debate questions and gossiping about who’s stupid and who’s smart, equivalent to the President selling arms to our enemies, or a candidate Raping a 13yr old?
Oh, and lets not forget Bill Clinton, or Nixion (Criminals) for which they were PUNISHED. Unless you have HILLARY on video with a hammer smashing verified court ordered documents you only have allegations. And what is it’s all dis-proven in the end? Then what? Convict first, trial later, that the American way!
Not that any of this matters anyway. Demographics, Demographics, Demographics !
My friend, this whole government is one big sham, and dumb-bo Trump wouldn’t know where to began to fix it. It will take a VIOLENT revolution to change this country (for good or maybe bad). Last one was the civil rights movement that almost ripped the country apart.
This time, China or Russia wouldn’t sit by and let it happen without their influence. Just like we try to influence Russian politics, they are trying to influence ours. Unfortunately we have a president to dumb to know how to stop it, and citizens to dump to recognize it.
There are CENTURIES of fixed legislation in place to keep those in power, in power. The oligarchy that runs this country has and always will be in control. They have the money, which now (thanks to the SC) controls our politics! We are the peasants my friend. When you understand the basics of capitalism you will see why is believe this.
Our politics are predicated on our ” capitalistic=Greedy” economic system. Economy first….politics second. Money makes this country great. Not politics, now that money also controls the politics so we are really screwed. This is why no one cares bout your foreclosed home. As long as it’s not hurting their money that pays your politician to keep letting them make more money, they could care less. Hurt their money and you get their attention. https://en.wikipedia.org/wiki/Bilderberg_Group
I’m not saying Hillary is perfect. She’s a crook too! I just chose not to support a 7 time bankrupt, con-man, rapist and sexual predator, who’s posing as a brilliant businessman ! You make your own choice. But you can’t piss on my leg and tell me it’s raining! I may have been born at night….but it wasn’t last night.
No SUCKER here! Again…Neither gives a rats=azz bout us.
You can’t connect the dots by skipping over 8 years of not only a catastrophic war but privatizing our military and everything else to Wall St. And Trump has no problems starting a war or siding with Russia. How many widows will we have then? It’s rigged because we have no good choice but the truth is coming out and w Sanders and Warren we have a chance to make things right not depending on Clinton or Trump.
RACISM ALIVE AND WELL IN AMERICA.
Trevor,
I wish I had a nickel for every time I’d heard statements such as Yours above over the course of the last 10 years? While lame duck administrations don’t have much to lose,they DO have further employment opportunities and those are invariably either as lobbyists or ‘consultants”. Further invariably those Lobbyists and Consultants WORK FOR THE MEGABANKS. The game is Rigged when from the top down (including the AG herself) our system has become SO CORRUPT that the Chief Law Enforcement Officer of the United States Casts Appearances of Impropriety Over HER OFFICE (Loretta Lynch) by meeting for 39 minutes, secretively with the spouse (Bill Clinton) of a Party (Hillary Clinton) under US DOJ Investigation. Our system of “Justice” provides us with Judges (by Design) Who have pensions heavily vested in Bank Stocks, who are former attorneys, who worked for firms, that represented BANKS, or were attorneys, employed directly FOR the BANKS, and yet we are prohibited from finding out that information, and are Told, They Are Unbiased. We have the Best MegaBank JUSTICE, MegaBank Money Can Buy. Trevor, I can only speak for Florida, Yet Here, Res Judicata has been “Suspended” with Bartram flopping about on the dock like a mullet out of water for well over a YEAR now pending their decision. Bartram argues that words, in statutes actually MEAN WHAT THEY SAY (ergo, res judicata). Our SCOTUS can’t make up their minds if a Letter of Acceleration actually means what it says, and whether a statute of limitations (specifically FOR Mortgages) also means what it says.Their (Lack of an) Opinion has been upheld by the US 11th DCA so it’s FEDERAL Law for the time being as well. I hope You’re right; I believe based on the actions of our COURTS that You aren’t.
Thanks Mick but you are wasting your time in responses here. Far too many have eluded themselves and drank far too much of the koolaid doled out by the present and past administrations. Basically, you’re talking to a brick wall. When you look at the total corruption of our justice system who favors the bankstas and then tie the bankstas directly to those in the political arena there are those who just cannot connect the dots. You and I have the same thought process but unlikely that we share that amongst the greater population.
After loosing 2 homes to forged and fraudulent foreclosures in both California and Florida, after 7 long years of fighting, I came to understand that there are only 6 Banks in America and all others are connected to those 6 ! They are all part of the 6! Those 6 banks own your State senators and congress and attorneys generals and judges! It is the largest crime in American history and it will only change by voting every sitting officials out of office as well as the Judges!!! It’s as corrupt as could ever be! No jury for a foreclosure trial???? No court reporters during a foreclosure trial unless you bring one on your own…. and good luck finding one as the Banks millions of law firms have them stopped!! It’s unbelievable that I still read that millions of homeowners are still fighting the same way and that nothing has changed??? My heart bleeds for you all cause the rigged system is rapid and your only help is to believe me when I beg you to vote all of them out! It will take 4 years but that’s where we can help the millions that are behind us that haven’t a clue!
Let’s not forget Trump’s mortgage ventures. At BEST a BAD businessman and a liar. And made brokers look good when he stiffed them.
https://www.washingtonpost.com/politics/trump-mortgage-failed-heres-what-that-says-about-the-gop-front-runner/2016/02/28/f8701880-d00f-11e5-88cd-753e80cd29ad_story.html
First let me say that neither of these Candidates will do anything to assist us! Neither give a rats azz bout our situations, but since you guys want to go there… here we go!
It’s astonishing how many women want to be ” Grabbed by their puzzy” and even more astonishing is how many mothers and fathers approve of their daughters, mothers, nieces, sisters and aunts being grabbed by their puzzy. When you approve of this RAPE CULTURE that Trump represents you will get more RAPES. So go buy your daughter a gun and tell her to be prepared. Cause Trump says it’s COOL.
Birds of a feather? His advisory team…. Newt, on his 3rd marriage, cheated on first two wives, and left his cancer stricken 2nd wife while she was in the hospital getting cancer treatments. Rudy, cheated on his first two wives and now cheating on his 3rd. Rodger Ailes, fired by Fox and pays 10 million to setting sexual harassment chargers. Oh, and Ole Don Juan Donald himself. Cheated, abused and raped first wife, then cheated on second wife, with now third wife, and admitted to sexually assaulting numerous women who have come forward accusing him of doing what he bragged about. Oh, but now they all are liars and he’s going to sue them. HOW STUPID CAN YOU BE!
Yes, Hillary is just an opportunistic politician who will do and say whatever to win an election. But she’s not a CRIMINAL and has never intentionally hurt people like Trump. Trump is a PROVEN vindictive, dangerous, bully that picks on the weak!
He is a racist, he can’t help it, it’s just the era he grew up in. He learned if from this father. I think his discrete racism is what “sub-consciously” appeals to white men. We are afraid of anything different from us. Afraid of losing our privileged to automatically earn more than a woman, or get a job before more qualified minorities. Why we mostly hire people that look like us. That’s who we grew up with and feel most comfortable around. Nothing intentional, just an inherent bias we we have and Trump represents.
Trump is a 70 yrs old, rich white guy, who’s father was a racist arrested at a KKK rally in NY. He taught his son everything he knew including racism and housing discrimination. Is he tolerant of others? Yea, maybe? But does he see them as equal humans! HELL NO! And that’s a problem for a president. Just to prove how “sub-consciously” racist we are….answer this. If Obama had did any of the things that Trump has done, would you support him as you do Trump. Answer honestly ! NO YOU WOULD NOT! WHY? Think hard ! SEE WHAT I MEAN?
IMO….Trump is a
Rapist
Racist
Sexist
THREE STRIKES!
Moreover he’s a dumb idiot that will get us all killed or have us speaking Russian because he thinks he already knows everything. If Hillary was running against anyone but Trump, I would vote for them. Just can’t support a Rapist, especially when they have no coherent policy solutions to offset their obvious character flaws.
Yet, I’m an American, and unlike Trump and his supporters, I WILL accept any decision my fellow Americans make. Even if its to destroy this Great nation and elect a greedy, serial sexual predator, and narcissist !
God Bless America
Semper Fidelis
Still on my Soap box!
Tony,
650,000 emails.
650,000 Felony Violations of the Espionage Act.
Hillary Clinton is Guilty.
She’s going to be the 1st President in History who’s allowed to PARDON Herself!
We’re heading to Banana Republic territory.
Our Legal System has been Corrupted by Clintons since the 1990’s.
Allegations of guilt are simple.
Subpoena for preservation of records is received.
Deleting 33,000 emails begins THE FOLLOWING DAY.
Private Server, Illegal and DANGEROUS to protection of National Secrets
Lying to Congress, Each is a FELONY.
LYING TO THE FBI…Remember Martha Stewart?
& that was over a measly stock transfer.
God Help Us with an OPEN SOUTHERN BORDER and BRIDGE over the Rio Grande, Unconvicted Felon(s) in the White House, who’s primary agenda is to stack the Nations’ highest court and dismantle the Bill or Rights, STARTING w/the 2nd amendment, however if they get the 2nd, they’ll take all 10.Never thought I’d see this in my lifetime. I was wrong. Trump does stink; But he’s head & shoulders above a Corrupt Career Criminal who’s already guilty of at least 33,000 Felonies, more than likely 600,000+. That boggles the mind, and yet there they are, on Anthony (the Sexter to minors in front of his own baby) Weiner’s computer. He’s creepier than creepy, yet Huma & Hillary had no problem w/Even HIS Conduct until Caught Red Handed? You’d advocate for our own Female Caligula? Your argument terrifies every sane Constitution Clenching American Patriot.
Semper Fi,
-Mick
Did someone say CRIMINAL ?
What gets lost amidst all the outrageous things Donald Trump says is his record of criminal activity and alleged criminal activity. It is as if the media and public assume that Trump cannot be both an outrageous buffoon and a criminal. Here is a summary of the most notable allegations against Donald Trump, conveniently all in one place.
-Trump and his father were sued by the federal government for housing discrimination in the 1970’s for refusing to rent to blacks after an uncover investigation. They lost, signed a consent decree, and were forced to desegregate their properties, which they later violated.
-He is being charged with fraud in connection with Trump University. Eric Schneiderman, the Attorney General of New York, who is prosecuting Trump, told CNN, “If you look at the facts of this case, this shows someone who was absolutely shameless in his willingness to lie to people, to say whatever it took to induce them into his phony seminars. Telling people who are in hard economic times — we’re talking about 2008, 2009 — people desperate to hold onto their homes, to make some money, convincing them that he will teach them his entrepreneurial secrets.”
– Trump Tower was built using undocumented Polish laborers to demolish the building that previously stood on the site. At trial, the workers testified they worked without basic safety equipment like hardhats and gloves and they were supposed to earn $5 an hour from Trump’s low-bid contractor. But court documents show that for weeks, they were paid nothing. An NBC News story in which numerous witnesses were interviewed showed that Trump knew about the undocumented, unpaid workers. Yet under oath, Trump testified that he knew nothing, thus adding perjury allegations to the labor law violations.
-Trump is alleged to have violated immigration laws in hiring foreign models for Trump Model Management. These models worked illegally, and he failed to pay them fairly. Two of the former Trump models said Trump’s agency encouraged them to deceive customs officials about why they were visiting the United States and told them to lie on customs forms about where they intended to live. “It’s like modern-day slavery,” one model told Mother Jones. Senator Barbara Boxer has called for the Department of Homeland Security to investigate Trump for human trafficking in relation to Trump Model Management.
– Trump’s charitable foundation appears to have repeatedly broken IRS rules, according to the Washington Post. In five cases, the Trump Foundation told the IRS that it had given a gift to a charity whose leaders told The Post that they had never received it. In two other cases, companies listed as donors to the Trump Foundation told The Post that those listings were incorrect.
-His charitable foundation violated tax laws by giving a $25,000 political contribution to a campaign group connected to Florida’s attorney general, Pam Bondi, in 2013. As a registered nonprofit, the Trump Foundation was not allowed to make political donations. He paid a $2,500 fine.
-Trump is accused of bribing the Attorney General of Florida, Pam Bondi to drop her investigation of Trump University. She successfully solicited a donation from him before the fraud case, and afterward, he held a fundraiser for her at his Mar-a-Lago resort in Palm Beach.
-In 2007 and in 2012, Trump and his wife bought two gifts for themselves at charity events for his foundation, totaling $32,000, breaking IRS rules. One gift was a $20,000 painting of himself.
-A deposition describes him raping his first wife Ivana, pulling out fistfuls of her hair in a fit of rage, stripping off her clothes, then penetrating her forcefully without her consent, after which she hid in a locked room and cried all night, as revealed in the 1993 book Lost Tycoon: The Many Lives of Donald J. Trump, and described in a Daily Beast article. The divorce was granted on grounds of Donald’s “cruel and inhuman treatment” of Ivana.
-He is currently being charged with child rape in a case for which there is an eyewitness and credible information to support the claim. The woman filing suit in April 2016 claims that as a 13-year-old in 1994, she was enticed to attend parties with the promise of money and modeling jobs at the home of Jeffrey Epstein, a Level 3 registered sex offender (the most dangerous kind), after Epstein was convicted of misconduct with another underage girl.
The woman alleges Trump initiated sexual contact with her on four separate occasions, with the fourth being a “savage sexual attack” in which he tied her to a bed and forcibly raped her while she pleaded with him to stop. He threatened that she and her family would be “physically harmed if not killed” if she ever revealed what was done. The eyewitness, Epstein’s party planner wrote, “I am coming forward to swear to the truthfulness of the physical and sexual abuse that I personally witnessed of minor females at the hands of Mr. Trump and Mr. Epstein . . . I swear to these facts under the penalty for perjury even though I fully understand that the life of myself and my family is now in grave danger.” Trump told a reporter a few years ago: “I’ve known Jeff for 15 years. Terrific guy. He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side . . .”
In sum, this history and these allegations alone would disqualify someone from a job as a camp counselor, bank teller, or any position of trust. Imagine what Human Resources would say to this record. Perhaps Trump could get a job pumping gas. But President of the United States? I don’t think so. Many have served prison time for doing a lot less.
Follow Melissa Bartick on Twitter:
it’s ironic that all of these allegations start off with ‘allegedly’? Wouldn’t that mean….NOT A SYLLABLE of it’s been proven yet? Unlike Hillary’s dead bodies of evidence that seem to be pooping up everywhere like a flooded graveyard. I, myself have for many years….actually my whole adult life, paid as LITTLE Federal Income (or any other) TAXES as I could legally get away with. I have not filed Corporate BK, but if it fit the situation, and was recommended by financial advisors and attorneys, certainly would have to protect my personal and family wealth and name. Women? Men? Those drawn to wealth and power are like moths to a flame….like groupies to rock stars; when rejected (often, not always) re-frame history in their own minds and after reciting same enough, actually believe the lie (on Both Sides of that interpersonal relationship). Nobody’s perfect, yet corrupt to the cells in one’s marrow, a radical socialist who wants to (continue to) transform America from a Representative Republic, with Democratic Principles, Governed by the Rule of Law scares the sane of us out here, to death. We supported Bernie, We may have even supported Cruz, Jindel or Other Conservatives who planned on breaking the system in their own ways (Cruz advocated dissolution of the IRS, DOE EPA and ripping apart of the regulatory state, Bernie would have broken up our nemesis, the MegaBanks), however Hillary’s in their Pockets, and seeks only to enrich herself, family and supporters while the rest of us are relieved of whatever wealth we have left, and utterly destroyed under the boot of tyrannical gov.org, run by our first criminally corrupt POTUS who even Al Capone could have taken lessons from. From Donna Brazille to Debbie Wassermann Schultz, to now even Bernie….the game has been rigged from the outset, for at least 1 party. God Help us All, and Trump’s no savior; I’m the 1st to say it. YET he has a glow behind his head like an ANGEL compared to HRC.
You seem to have forgotten that Donald J. Trump is headed to “criminal court” for his “criminal fraud case” on his Trump University scam which is far, FAR, worse than anything Mrs. Clinton has been falsely accused of!!!!
Plus, let’s not forget how he boasts he’ll make America Great Again yet fails to bring his thousands of outsourced jobs back to America, continues to buy all his hotel sheets, pillows and furnishings from China as well as Chinese steel for his buildings rather American!!!!!
Only blind American would vote for a real criminal as opposed to Mrs. Clinton who has been under attack for 30 years but all proved to be false allegations!!!!! Don’t be fooled, Vote Blue across the board, that’s where the corruption is located!!!!!
I haven’t forgotten. Really you think what Donald has done is far more worse than that of the security of this country with her personal server and classified information? My opinion is what it is and I have the right to have one. You have yours. Whatever is the outcome on Nov. 8th we all have to live with the results.
Pure deception like the banks have done to make us out to be deadbeats. How can people be focused on emails where nothing in terms of a national security threat or crime has been tied to Hillary while the Russians are hacking US to help Trump? How is working with an enemy government not a security threat? It’s treason!
Your NUTS
How many American Warriors did Trump ALLOW TO DIE in Benghazi?
How many American Warriors FAMILY MEMBERS did Trump LIE to about a VIDEO Causing that Assault on the Benghazi CIA Compound?
How many Pakistani’s did Trump LIE TO in Commercials that Aired All Over Pakistan for Weeks After that Benghazi Slaughter of our American Warriors?
Did Trump have Susan Rice go on FIVE (Count ’em FIVE) Sunday Morning News Shows and Recite that it was a “VIDEO” that caused the Death of our Wariors (while they SAVED 39 others through their efforts, while at least in the backs of their minds, knowing there might be a chance they didn’t survive the rescue mission their Secretary of State had ordered them to stand down from executing)?
Is only BLIND America seeing what REALLY HAPPENED there?
Is only BLIND America smart enough to see that it was HER Policies that now have millions of refugees wandering the middle east, europe and even here, along with the entire region a total ‘cluster’?
If so, color me blind, as re-writing history is left to the victors, and Hillary Clinton is a murderer sure as I type this.
Semper Fi,
-Mick
I’m going to try not to be too political on this thread, but for Hammertime, I’d rather have a shrewd businessman on my team than a down right criminal! And remember, this businessman is NOT the one under a FBI investigation, which BTW if you’ve not heard, is now re-opened. Criminal VS Businessman……? Not much of a choice there. And on the flip side, with all of her power she’s had why have we not moved any closer to an accountability for these banks, CEO’s, crooked Judges that has destroyed the whole theory of The American Dream? I can tell you why. They are all in the pocket of Hillary, tied to her foundation and she’s not going to rock her boat not for you, not for me, not for any American citizen.
Exiting soapbox.
Unfortunately, I only see 2 recent comments regarding politics and seemed light hearted from a reader’s perspective. Although your comment is somewhat aggressive, degrading and disappointing that you could make a judgment call from hearsay from what’s reported on a News station. Especially to folks such as ourselves that have experienced such criminal actions by fictitious entities claiming to own many of our homes. Such as Trump who publically admitted to taking advantage of our unfortunate situations buying up Real Estate. Last I heard Clinton is NOT a proven criminal yet and the FBI agent that requested the investigation to be re-opened is a known republican who supports Trump. The way I see it Trump is for Trump and been able to dishonestly utilize every tax loophole possible including filing bankruptcy several times, having a significant impact on those of us that are barely able to support a family and he again refers to this as smart business. Trump has NO integrity and the only boat he is going to rock is that little button to set off a nuclear war. I do agree we don’t have much of a choice however, I still have some life to live.
Please don’t take this wrong cause we live in America that’s the great thing. It’s okay, really, to have a conversation and agree to disagree. But commenting as if you have the last word in whos right and whos wrong, especially from someone such as yourself with a large presence on this board was somewhat disturbing. Ms. Swann you made the soapbox, we can’t all be like Trump and be set off by small triggers. Now I’m exiting the soapbox. and again please no I mean this in all good intent, just different perspective.
HRC will dismantle what’s left of our Bill of Rights, Constitution and Bill of Rights. She’s advocated for same since college. Why would she have a change of heart at 70? 650 THOUSAND Emails? Child Sexual Predators “Sexting” 15yo’s in front of their OWN child? A woman who made a CAREER out of destroying (further) the VICTIMS of Her Husbands’ Sexual Advances and Rapes? A Secretary of State who SOLD Favor and US Foreign Policy to the Highest (Foreign) Bidder? The Democratic Party Needs to LOOK in the MIRROR for Blame, as TWO of it’s Heads (both Debbie Wasserman-Schultz AND Donna Brazille) have been CAUGHT LYING and FIXING the party nominating process so that for the First Time in HISTORY, an UnIndicted CRIMINAL, under FBI CRIMINAL INVESTIGATION (THREE, not just 1….1 for Server and Emails, 1 for “Quid Pro Quo/Pay to Play, BUYING the favor of the SECRETARY OF STATE and US Department of State Favors for Foreign Policy, and Finally, Misappropriation of Funds via a “Charitable Foundation for Personal enrichment”….ALL AT THE SAME TIME?!?!?) Jeez; I step down from the soap box only pointing out that the Clintons have lived beyond the Rules since the Whitewater Land development Scandal in Arkansas, making $!115,000. on a $1000. investment in the cattle futures market (dozens of experts said that was ‘impossible’ for an ‘amateur’? ) to Vince Foster’s Death (former Clinton Attorney & WH Attorney who somehow levitated himself all the way across Fort Marcie Park getting not the first trace of DNA from the Park on his Shoes before Sticking a pistol in his mouth? YES, the LIST IS Long and could melt the servers for this website (just imagine, 650 THOUSAND emails that weren’t proffered when subpoenaed?) The stack of bodies and evidence around HRC has been piling up like cordwood all the way back to her self appointed position of bimbo-eruption suppression co-ordinator where she headed up the destruction of ANY person willing to even utter what had happened when her husband had assaulted another victim, going all the way back to being AG of Arkansas? Unproven Allegations? No, the coverup is always worse than the crime and we’re dealing with a serial socio-pathic egomaniacal, paranoid power freak. Everyone IGNORES the fact that a ‘private Server” was illegal and exceptional steps were followed to pursue ‘plausible deniability’. That plausible Deniability is founded on one hand, that mens rea (intent) was absent, and that HRC was IGNORANT of the technical aspects of violating the Espionage Act, classification and handling/preservation/protection of classified documents and ALL Government EMAILS. So HOW can the “Smartest, Most Qualified Person for the Office”….simultaneously be so STUPID/Ignorant of the LAW (as a LAWYER to boot?)? It’s simple….the plausible deniability goes out the window, the corruption is in FRONT OF YOUR FACE, and Debbie Wasserman-Schultz after having to step down from the DNC joins the HRC CAMPAIGN! Guessing that’s where Donna Brazille is headed next too? KEEPING a Den of CORRUPTION in the white house only guarantees more (and More and MORE) of the same. NO ONE has ANY FAITH in our JUSTICE System, right here, on THIS BOARD. DO You expect THAT to Improve by voting in MORE OF THE SAME?
If so, why?
I’m really trying to get my head around Your thought processes?
I would start by researching every name on your assignments from the time you bought your house. Make sure they have the original note and that they own it
Yes I am
Oh wow, I wish I had advice for you but I’m not that far. I have Little time left any advice? A lot of people giving me the run around.
Yeah the first one we fought for 8 years and now they picked a different default date different than the first suit. I have a sign in sheet that shows how many times they broke into my house The last time they left unsecured and my house was vandalized
Are you still in your home? I can’t afford a lawyer but Yeah there’s nothing left for them to take now. I’m out of here.
Wow a second foreclosure action on the same property? I am currently at the writ of possession phase however I had a robbery from the third party when my neighbors asked who they were they said we are from the bank.
I have to file a response to a second foreclosure action does anyone have any suggestions ?
Who are the banks, mortgage servicers, and attorneys?
Hillary Clinton’s relatives and friends.
Oh Bobby, you are so right. LOL!
With the Donald in the wings ready to do his shady business lol!
Anyone knows any case law that responds to non disclosure of a forged document to obtain a signed note. We were negotiating what it would take to get a new note signed in the negotiation they did not disclosed the forged notice of cancellation.
My case is in Orlando, Florida
What is the best and most cost efficient way to subpoena two robosigners for deposition, from another state? They work for same company, and should be in same office.
Thank you!
There is some serious fraud with how SLS (Specialized Loan Servicing) is handling my moms mortgage. Does anyone know of a lawyer in Southern California/LA County that has knowledge about the multiple law suits with this company SLS. If so please contact me at ocbeautygirl@gmail.com
https://www.facebook.com/AdventuresIntoSovereigntyDotOrg/?fref=nf&pnref=story
https://www.dropbox.com/s/2urp13mw612fgvp/Linda%20Alamonte%20mp3%20%28audio-cutter.com%29%20number%20two%20the%20call.mp3?dl=0
Linda Almonte Whistleblower – Blowing the Lid Off the SEC and CFPB and the Banks!
The black one. He seemed to understand the SOL rule
I just saw on the news last night that one of Floridas Supreme Court judge is retiring at the end of the year. That’s not good for us
Which Fl Supreme court judge is retiring?
Does anyone know if you can be forced to surrender rental property in a chapter 13.
Yes Angel. Chase is legalized mafia and they will nully u to the end. Stay tuff! Youve got the good people on your side.
There is no way to win until the due process allows jury trials!!
we are back on…..
w help from above and below.
sorry to have gone silent for months….plenty to update on….in time.
keep the faith and always appeal and/or go higher….
I am still fighting for me and for you…collectively.
Peace.
Angel,
We feel ya, been there, done that, going on 9 years now.
WF is Citi Is Deusche, Is JPMChase is BoA is….
they’re all scum and we’ll never do a dimes’ worth of biz w/ANY of them ever again.
We bank w/a credit union now, have a private mortgage (on a never MERS involved property),
and in our case WF sold away their standing (ADMITTING FRAUD in the Answer Brief to Appeal), almost 60 days b4 FSJ here in FL. The Court didn’t CARE. Who cares about ‘standing’? That’s a silly notion of the past that purported to give non-theives, an appropriate venue in the courts for recuperation of losses. Now our courts are a farcical semblance of their former selves, mere TOOLS of the greedy thieves who at no point will be satisfied until the LAST DROP of blood has been sicked from the former financial giant called the USofA, including both You and Me.
Good Luck with Your Appeal (and Plan on losing THERE too, because only will You enjoy the victory, IF You were Expecting the likely Kangaroo Court You’ll most likely wind up with).
Sincerely,
-Mick
CEO of Wells Fargo to be arrested in <60 days….. you were told.
Just the beginning….the very first drops of justice…. it is just us now.
777
I lost:(… they stepped up with a forged COPY of note only,,,,my evidence meant NOTHING,I have 30days & my home will be sold…..TRUTH,HONESTY,PROOF got me no-were…DEVESTATED:(
I’m filing an appeal…..this is BULLSHIT..NOT MY LENDER,NEVER HAS BEEN,JP MORGAN CHASE ARE CROOKS…,,WERE ARE THE GOV,OFFICIALS TO STOP THIS CRAP….I HATE,HATE,HATE CHASE……!!!!!!!!!!!!
@Jack that’s awesome! Did having secret service investigation put the fear of jail time in them?
As Defendants begin to win more of these fraudulent foreclosure cases, will Personal Injury Lawyers begin to sue for pain and suffering for Defendants? Contingency Fee represention would be affordable for us to pursue the banks for pain and suffering and for destroying our families.
I would like to hear more about defendants winning foreclosure cases, and the possibility of personal injury lawyers to begin to sue banks for pain and suffering?, on Contingency fee representation basis, and aggressively pursue the banks for fraudulent foreclosures
Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid. John 14:27, NIV
Dear Father in heaven, we thank you for holding open the way into our hearts and for bringing us the peace of Jesus Christ. Help us to keep this way open. Grant us peace in this tempest-torn world. Grant us peace when many struggles and uncertainties try to occupy our hearts. We have no strength in ourselves, only in him who is standing at our side and who will never forsake us, who lives and gives strength. His light will always break in anew among us. His light will shine on many people and lead them to the promised day, the day that will bring all our hopes to fulfillment. Amen.
STAY STRONG! He’s with us!
“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their Fathers conquered.” – Thomas Jefferson
“For the word of the LORD is right; and all his works are done in truth.” – Psalm 33:4
You are exactly right. I think we all should make a copy of a 100 dollar bill and say well I made this copy of it but now I’ve lost it but here’s a copy for me to spend. That’s exactly what they are doing. The layer for Chase kept reporting to the court that they could produce it at anytime but never did. Now at my deposition their attorney tried to introduce a copy of it and my attorney objected. Fun thing at the end he asked was I prepared to pay this in full today. So asked him how much was it He fumbled through his paperwork and said I don’t know. My response was then I can’t answer that question. He looke puzzled. I’m thinking to myself well if it’s a dollar yes Lol !
Wow this is so informative, I just received a 60 day extension to stay in my house with no further continuanc ES. I’ll leave but I am learning more and more here in PA
my name is Krys came up as Figh
If the “bank” can use copies of your promissory note and mortgage/deed of trust to steal your home, then the homeowner should be allowed to copy $100 FRNs and pay off the loan. We all know who would be arrested. In most foreclosure cases, the bank never submits the original loan instruments into court, because they do not possess them. There is a good chance that the bank has already been paid either by an insurance claim or the selling of the mortgage into the secondary market. If this is true, then it is the lawyer that has purchased your private information (illegal) and is trying to steal your home. About 5 years ago, we tried to get a Bill through the state legislature that would require the banks to produce the original instruments before proceeding with foreclosure. As you can imagine, the banks sent their lobbyists out in droves. At one of the hearings, I heard a lawyer/lobbyist tell the judiciary committee that the reason that the banks were against the Bill was because it would be too expensive for them to produce the original instruments, because most of the original instruments were held in a vault in New York. (I understood this to mean The Federal Reserve) Since a mortgage/deed of trust is a security, making a copy of a security (counterfeit security) and trying to exchange it for property of value is a Class B Felony. See Title 18 USC 474 I went to the court a few months ago and got certified copies of my promissory note and mortgage from the court file. (It is illegal to give a certified copy of a security) What I got proves beyond any doubt that the court used a counterfeit security to grant a foreclosure judgment. So who is guilty of counterfeiting? The credit union’s lawyer? The court clerk? The judge? Or all of the above? We have contacted several Secret Service offices around the country, so far all of the Agents spoken to agree that this is a major counterfeiting scam. So have some fun and call as many Secret Service offices as you can. See also Title 18 USC 472,473,474,474A,475,492,493,494 Another thing to consider is credit default swaps. Have you seen the movie “The Big Short”? My loan(s) coincide exactly with the movie. The person that started the action against me, has a classmate that is a VP of Goldman Sachs in San Francisco, right where the movie takes place. At 30 to 1 odds, he could have made $7 million. Do you think that is enough incentive to steal both my business and my home?
A foreclosure fraud group here in Santa Barbara created a way to make a tender offer to the bank. In my case, I thus forced them to produce for examination what the bank claimed was the original promissory note and DoT. The bank’s lawyers had no idea who I was bringing to examine the docs for authenticity. The docs were pretty good forgeries, but my expert took three hours for the exam with hi-tech equipment, and their docs were found to be obvious forgeries. The bank and their lawyers knew it and never asked for the tender. Interestingly the only law enforcement agency that would take on an investigation was the Secret Service.
Our politicians should have to read these blogs everyday as part of representing their constituents. I know how you feeling Angel. On any given day, i feel that way myself but please don’t give up. That’s what they’re counting on I never want to give the bansters anything else, ever again. We’ve already given to them, now it’s our turn.
I won’t ever give in to this 🙂 I get knocked down but always get back up,,,I would never harm myself but I sure do know the ”lost’, feeling ,frustration is an understatement,,,I have 100% disproved all chases claims,now they’ve created a new default date,,NOT the bogus default date that started this &landed me in foreclosure…would say how is this legal? But its the banks,NOTHING THEY’VE DONE IS LEGAL,so I fight on:-)
Then Jesus said to them again, “Most assuredly, I say to you, I am the door of the sheep. All who ever came before Me are thieves and robbers, but the sheep did not hear them. I am the door. If anyone enters by Me, he will be saved, and will go in and out and find pasture. The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly.”
John 10:7-10
I’m trying so hard to remain positive,I’m fighting the worst EVIL entity..scum bag lying law firms,& no matter the proof of all the deceptive actions,forgery,altered EVERYTHING…I’m coming out as loosing….I see why people blow their brains out….I wish all y’all peace..:(
I live in Broward County Florida, and I got my foreclosure case dismissed, and I was awarded all my attorneys fee’s
On what grounds. This my private email I would like to look up your case. Kenelad@aol.com
Thank you Ben! I am sure I will get attorney fees. I was excited years ago with BofA vs Nash, where she got done, but it appears that it was overturned on appeal.
I was hoping that when the case is dismissed with prejudice, I could get attorney fees and then go for damages for the pain and suffering of 8 years of hell for my family with the fraudulent foreclosure. Numerous of big banks and foreclosure mills involved in this crime.
Hello there. Just wandering who did you hire to represent you? I’m in Southwest Florida. Need a lawyer ASAP.
Bryan Bly was told by the court you could not initial that you had to sign by Florida law. I just found this
Imo as long as their seal is on the doc. I would think it would be fine but i would also think any doc that is notarized by same should be consistent in the way they sign
I have a question since Florida requires the notary to sign for the notarization if the initial it does that make the document null ?
Well good luck getting heard under 1.54 fl statute. I went back to broward county courts after all the fraudulent docs and errors albertelli made on my foreclosure. Watch out. I filed wellwithin my year to file and albertelli stalled me saying they did not have my file on court day and got it continued until after the 1.54 no longer applied. Scumbags. I figure all their incompetence is still in court file and i am praying for the day i can go back and sue the hell out of that crooked law firm.
If the court has been inveigled by a fraudulent document, there is no statute of limitations.
Dave,
Do You have a rule, or case law in support of fraudulent documents inveigling[sp?] the Court negating the SOL? Wouldn’t that also fall under Fl.R.Civ.P 1.540(b)1 thru 4?
hi kent many of us are fighting that long. we are going on 8 years. very sad to watch your house being stolen. i have some usefull info i just found please email me at sssssssister@yahoo.com. not sure why i didn’t think of it at first. about the SOL. a lawyer told me that the SOL starts when you make your last payment and they have 5 years from then to start a lawsuit the rest i am not sure who is right……….if they start a law suit and it is dismissed the sol goes back to the original date but if they start another lawsuit it starts the sol all over again????? that crazy.
I tried to email you and the address doesn’t work so here’s mine kenelad@aol.com. The argument in front of the Supreme Court is that every missed payment restarts the clock but it can’t. Once the loan is accelerated with no dea celebration clause in the mortgage the sol remains in place. Well that’s at least the argument
I had a foreclosure back in 2011. Does anyone know how to request a review to confirm it was processed legally? I would like to know if there is a way to remove the foreclosure from my credit.
I live in Pennsylvania and I have had several lawyers but no one actually helped also had a housing counselor in the beginning now have to leave in less than 21 days. I tried to stop from being put out but now nowhere to turn. Does anyone know any solutions or advice thanks.
its not that its void. i am not a lawyer and not giving advice but foreclosure defense lawyers and pro se use that fact as an affirmative defense to dismiss the case. most cases are dismissed wtihout prejidice which means they can refile (in florida they can refile for 35 years how nice) so it is not necessarily void but the assignment has to be filed prior to filing suit. please defend. if we do not defend and walk away they lose. if we fight the foreclosure machine we can win. great book http://www.fightingtheforeclosuremachine.com/ftfm-estore.php
Oh, I am defending! For the past 8 years… All the BIG BANKS are involved. A couple of Fraud closer Mills and infamous thieving Law Firms. It will be a joy to name names in the end, as they have ruined our lives ON PURPOSE!
Thank you to everyone at 4ClosureFraud, LivingLies, and Chain of Title, I have a PhD in foreclosure fraud!
I live in Pennsylvania and had two lawyers no one actually helped now have days to leave. Do you have any advice? Thanks
I also read the book My case was dismissed last year and we haven’t heard anything since. I guess everyone is waiting on the Supreme Court ruling on the 5 year statue of limitations I was just on an attorney blog with live chat and asked about damages and the response was they would need a 50,000.00 retainer. I just about fell over. So if uses when the time comes I will fight them myself since now my wife and I both are on disability. I forgot to mention a year ago in February she tried to commit suicide
If a foreclosure is filed, but the Assignment of Mortgage is dated 11 months after the foreclosure filing, is the Assignment void?
1-The Assignment isn’t ‘void’, merely void’able’.
2-When You say the assignment is DATED 11 mos. later, is that the DATE of the Transfer, noted IN the Assignment, or the date recorded, ON the assignment (as noted by clerk of court)?
3-As a dual FC Survivor (1 lasted 8 yrs, current entering 7th), I salute Your fortitude, and will tell You, HOW they look at Your AOM depends ENTIRELY on WHERE You are. in D.O.T. states, they tend to blow it off as the DEED trumps everything else. In Florida and most other mortgage/lien theory states, You MUST:
A-Challenge the Assignment during discovery/hearing/trial(& Have plenty of case law)
B-File Motion to Dismiss for lack of standing (whether the document transfers the mortgage to the Plaintiff on a date BEFORE or AFTER the initial Filing, based on the RECORDING Date) & just know…about 80% of the trial judges in Florida will STILL Rule against You, even when Your evidence of a ‘faulty’ assignment is overwhelming.
Remember, the system is RIGGED. You ARE going to lose, so the best to hope for is preservation of objections, issues and evidence for APPEAL.
See (at least in Florida), even in the Courts of Appeal, the odds are dramatically stacked against the pro se defendant/appellant. The RULES alone are entire semesters in law school for the JD’s. Also, MOST if not ALL of the Judges, in (Circuit/District/Supreme) All Courts, are nominated. The NOMINATING Committees are weighted (Dramatically) with BANK/Plaintiff Firm JD’s who are Picking their Future Judges. The Current (& Thereby Future) Judges keeping the benches warm in Fl. as an example are more than 78% FORMER BANK/Plaintiff FIRM Counselors….which means 78% of the time You Are DOOMED, before walking in the room. They absolutely WILL NOT rule against their former employer firms or their clients…ain’t gonna happen. When using an attorney (as a rule, $5-$10k) for Appellate work, Your odds double in Your favor for prevailing….up from less than 4% to just a hair under 8%. The other 92-96% get ‘PCA’ed” (per curium affirmed, where they tell You, You screwed Your own pooch, and we’re not even going to tell You how, or why…there IS No Opinion,and You have nothing left to challenge).
Govern Yourself Accordingly, and realize that 80% of the time, preservation of error, regarding that bogus assignment, Still won’t get overturned, even at the district courts of appeal. Like I said….the game is rigged. They can’t be happy winning 90% of the time….it Must be as close to 100% as possible, at any cost.
Good Luck and may the Force be with You.
-Mick
Ask anyone who knows about law and the court system in Miami Florida and they will tell you that our brand of judges and their judgment is unique. Far beyond that of any city or state in the union. Here is a minor overview:
1. Judges here are well known and involved in taking money for results. Some doing it for more than 30 years later.
2. To ascend you must be discrete in these dealings while willing to openly destroy anyone that dares stand against giant law firms like Carlton Fields and Greenberg Traurig.
3. Giant corporations are always able to get away with anything they want and demand.
4. Vindictive retaliatory plots here are at play at all times and the victims have the doors to justice shut in there face.
Let me give you an example, mine:
1. Grandson of a former judge and son of a former developer who also became a developer I was anti corruption. A novel idea for a boy raised in some level of comfort. Illusory comfort. When I grew up I realized our finances where like a deck of dominos about to collapse and my daddy had to pay everyone off even when he could not afford it, in order to survive while indebting himself.
2. I stood against bribing bankers, building inspectors, commissioners (one is now the clerk of the court and has been for about 25 years, wow the voters love him? or the ballot is rigged?), mayors and judges. Our State Attorney does not presecute these persons or even answer our calls to do it. Her father was my dad’s business partner and owned a key on the way to key largo. I had a lot of respect for this lady until I realize she wants nothing to do with my cases which call for prosecuting white collar crimes of politicians, lawyers and giant corporations. Funny, she continues to be reelected and has been in office for about 25 years. My reputation of anit corruption spread cutting my business life short.
3. As an example of two disputes I have fought:
a. My home was burned to the ground when I decided to ask for permission to occupy it with elderly residents in a non ambulatory environment. Just homes for the aged. Just like one neighbor rented rooms, another had 12 family members etc., I wanted to be allowed to have a nice environment for the elderly which I felt a passion to care for. All I wanted was to allow them to live there instead of just regular families which the city allowed 6 homes for. The young gay man standing up to the powers at be looking for votes was met with opposition that was unintelligent uneducated and for the most part did not know what I intended to do. I was even physically attacked by one lady and could not defend myself against her as she was a lady and that would not be tolerated in our Cuban neighborhood. I was defeated when the fire struck and the city actually connived and contrived with insurance investigators to scare me and shut this down thru delays. The insurance company was AIG division called Lexington Insurance. The most dishonest property insurance company I have ever heard of. Officer Lake of the police in charge of the investigation would not do anything inappropriate and so he had to retire. He was scandalized by what years later he confided in me he was told to do by the insurance company working with non police city officials. But when I called to report their misconduct he did not answer my calls. Eventually in court a great judge left the case without stating a reason. A insane judge who was later discovered to be on Lithium and Prozac took over the matter and dismissed the case. I was warned she was the one assigned to destroy the cases thru an order no one would dare put their signature on. Since she was crazy the judiciary would assign cases to her and she would be told what to do. On day one without an attorney there as no one wanted to stay on the case with her present, she warned me that she could not only dismiss and enter an attorneys fee sanction but she could do many other things if I did not accept the settlement offer made to “get rid of you”. Weeks later she dismissed the case. She was the perfect patsy. She was crazy. My former partner, a doctor told me she would not live long given the medications she admitted taking during a law suit by a lady involved in a divorce. She always sought to help the husbands and took it out on the ladies and earned a reputation for this that landed her in the news papers many times. This judge died years after dismissing my case while in her 60’s. Before she passed she did the perennial trick done in Miami, stopping you from going before the jury ever thru a motion to dismiss the judges grant. How was the perfect judge meant to help them put on the case? The clerk says we have a random system that randomly assigns judges. That is not true. I have witnessed first hand clerks in putting the case number again and again each time getting a different judge and stopping once they got the judge they wanted. I appealed but the court of appeals did nothing. Even after I discovered perjury and a bribe paid to a witness, they did nothing. Then they claimed I should have raised this during the prior hearing. How could I if I did not know of it and this is basic law. Fraud discovered later requires they restart everything. In Miami and in Florida in general you only have one appeal and that is it. I level. I was stuck. In defense of these judges, audio recording made by a PI I hired show that these judges are never at work. They drive in about 3 days a week for a few short hours yet get paid for 40 hours of work. Shortly after my case was over my career came to a close and I ended up in bankruptcy and lost everything. Once an honor student, with a masters in finance at 20 and 300 homes by 23 I ended up with heart disease and working as a sex worker. Something that I fear is to embarrassing to talk about.
b. While that case was going on my bank on my new home I was forced to get a loan to buy decided I had not paid my mortgage and filed for foreclosure. I was not in default. I had made my payments and they kept loosing them so finally I sent them via DHL, stuffed in by a Notary Public who attested to this and where made via bank cashier’s checks. An amount equal to 6 months worth of payments. But they still claimed they did not receive the payments. I was lucky to find one attorney who frustrated was retiring into being an ethics teacher and would help me. But he only appeared twice in court. He did yell and scream at the bank lawyers threatening to report them to the bar they admitted receiving the money but then said the checks where without funds. The bank which issued the checks responded that the money was set aside for these as they do with all cashiers checks and the checks can be deposited. The lawyer, a typical Miami lawyer except for his great service at two hearings, continued with his teaching career while dealing crystal meth to the gay community is South Beach. Trial came 5 years later and days before the checks where mailed to me which I cashed. Proving the checks where good. At trial the judge ignored this. In fact he started by asking who the lead attorney was, the famous well connected Marshal Watson, who has since lost his license and gotten into a lot of trouble for fraud that ran all over the new wave of foreclosures in 2008- . When Watson identified himself the judge told him on the record that had Watson not thought he was such a big man and had returned his calls he would have shown him how he could have taken this house in a few weeks instead of a few years. Not only is this one on one communication without me present illegal but it also signaled I would loose the case. I had to file bankruptcy to stop it during a lunch break. In the other court system, Federal Bankruptcy Court, still unjaded as they are now, I got a solution, made some payments and got my home paid thru a sale to another person. I had no choice and no longer wanted to be a target.
But now years later, after a hurricane and sale of the home to a bank insider at BankUnited FSB, the home was resold and I still am owed some money. The bank who agreed to a joint venture on the damaged home with my money as the only loan, fabricated a fake mortgage and claimed it had priority before mine. This was key when the market collapse came. Even after being restricted and shut down thru another case in federal court where they got some money, the FDIC restricted these same lawyers pretending to represent this bank from continuing to try to take the home away. This bank claimed that the damaged home was the subject of a conventional home loan and had no damage despite insurance payment of $200,000 for damage, photos and more. And despite a joint venture agreement and no signature but only a forgery on the note they presented. Worse of all they continue the foreclosure process despite the FDIC federal restriction. This fight has been going on now for 11 years worsening my heart disease. The title has been granted to the bank. This is so crazy that I sued the new bank that claimed to be the owner of the note and mortgage while the process was going on and they came back and said they where. While at the same time the other case continued on with the old bank claiming they where the owners and later they even signed an assignment over to the new bank, years after the new bank claim din my case to be the owners. Its a shell game and what the judges say to all this? Its to confusing and give the bank what they want. The main judge was counsel for infamous murderer drug dealer and my competitor in the building business (we he used with the judge to launder money), Leonel Martinez. Martinez was arrested and the judge ascended thru his clients contacts being nominated to judge before the arrest. Good security for his client. He sat in office for about 20 years. See Dirty Money article in the New Times archives. The judge lives off loans from this very bank and others.
c. In another case a broker for Meryl Lynch admitted to lying to me causing me losses of $250,000. A hearing was held without notice to me except notice to come in one afternoon when the hearing was held in the morning. When I came I had lost. Of course no court reporter was present and the judge did nothing even after I told him to help me. Without a record of what occurred at the hearing, even assuming the court of appeals was honest, the appeal was impossible.
This is just a small example of how you are buried alive in a system of corrupt judges not found anywhere even in Panama or the most corrupt places in Latin America but right here is the US. It is sad how so many come here from Latin America to look for justice only to find corruption. Beig honest here does not pay. I married a Norwegian and moved away. Now divorced and with aging parents who refuse to leave Cuba land, I am stuck like a dog in a tiny cage without food or water. For me it is probably too late. But if you want to investigate these players I can help you and maybe we can stop them once and for all. But please do not let some pretend federal investigators f…. things up like they did once before where most judges got away with no time in the one isolated instance they decided to pursue them. Operation Court Room Sweep.
Yes, it is a violation of securities laws. It’s also a common violation of securities laws. The commoditization of mortgages and removal of property records from county agent has led to extensive fraud in America, including most often fraudulent representation of PETE, the Person Entitled to Enforce. We have a case on appeal here in Cameron County TX (seven years in litigation) on exactly those grounds, where an admittedly sleazy attorney (BBDFTE, llc) is presenting himself as both the PETE (Plaintiff) and the Owner’s Trustee (Defendant). They stay up late at night negotiating with themselves, and earn some generous fees. It’s quite complex. Since the judges, bankruptcy trustees, SEC regulators are all part of the scam, the battle is uphill for the owner who cuts the grass, repels thieves, and pays school taxes, and generally some technicality results in a forced sale. Here in Texas the average is 28 days. The only advice I give people now (and I’m not an attorney so I only give advice, I don’t sell it) is GET A JURY. GET A JURY. GET A JURY. BURN DOWN THE TOWN…. 🙂
I am in florida it is just as bad. we have a new foreclosure law from 2013 that the note has to be certified by penalty and perjury before a foreclosure case can be filed. but te judges are looking the other way. then when you bring htis fact up they do not dismiss cases they blame it on procedure error???? what??? state statute is clear what the certification is suppose to say . there is no messing with it. feeling sick about now.
Dangeroos and everyone else out there,
I just read that in May, the BofA vs Nash decision was reversed, and no attorney fees or damages were awarded.
Does anyone know of Florida foreclosure cases, where damages were awarded for the Defendants of fraudulent foreclosure.
Thank you!
Keep Fighting!!!
and…read Chain of Title if you haven’t already. Amazing book that helped me and my attorney realize I am not crazy!!!
I can sign as an attorney in fact for you, if you are inconvenienced. Of course, I could go to jail if I use my attorney in fact masquerade to steal money or property. Fo banks, this leads to the odd situation occasionally of the same party appearing on the foreclosure as both plaintiff and defendant.
Inside a pooling and servicing agreement, or a collateralized debt obligation, there is no such status as a performing or unperforming mortgage. All individual collateral obligations are surrendered by the underwriter on formation, and all components must be in hand within a limited time period, such as 30 or 60 days. From that point on, either the entire asset is solvent, or it is not. Either the entire cash flow is being produced and paid to the investors, or it is in the hands of the bankruptcy trustee and no longer exists.
Thank you Dangeroosdave!
Here are the details: I have been battling a fraudulent foreclosure for almost a decade. Many of the big banks are involved, as are a couple of foreclosure mills. They have played all of the tricks of “recreating” a chain of title. The latest one is a new bank “ABC Bank” has stepped in as Trustee for “ABC Trust” and they assigned the Mortgage to themselves, as “Attorney in Fact” for a non-related party who was fraudulently pretending to own the Mortgage and Note. This was done to continue the smoke and mirrors of the chain of title.
My question was, can a Trust assume or purchase a mortgage that they know is in default and has been in default (non-performing asset) for almost a decade? I thought I read somewhere that that was a violation of securities laws. If so, it is just another fact that we would like to present to the court.
imo a bank can sign their rights over to themselves if there are multiple entities within their organization, but it is a disguise and they are hiding or covering up something but probably it is a stall tactic to get themselves together to better defend themselves. Everything these banks do is to cover their fraudulent tracks. dates are important, reconcile all your paperwork to the mortgage. sounds like you are being scammed as the rest of us are.
Do believe in Florida they only have one year to refile from the date of the voluntary dismissal
Two Questions:
1) Can a bank sign an Assignment of Mortgage to themselves (Assignee), and sign as Attorney-in-Fact for the Assignor, without the Assignor signing the Assignment?
2) Is it true that a Trust cannot take-on or purchase an asset (Mortgage or Note) that is not performing and is in “default”?
Thank you!!!
please check http://www.msfraud.com
that could easily be used as a defense i have seen some wins in florida because of an incorrect address it might work in NY. hope you have a lawyer or are going to fight pro se?
Updated …
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zip Code. I was also able to find my original signed mortgage documents.( they were almost impossible for me to get my hands on) I was also able to find out my loan originator used someone else’s financial information to approve my loan.
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zipcode
Happy Independence Day!!!
I have a JP Morgan Chase Loan #, internal Commitment #, and internal Reference #. Anyone know how i can find out if my loan was securitized and bundled, in a simpler manner than the secinfo.gov process? I will buy you a copy of “Chain of Title?” if your answer works!
Anyone heard of a Johnny Nguyen? Wells Fargo bank witness?
Sounds familiar. I’ll check some of my files.
Sorry on small phone Portland, Oregon.
I am fighting LNV MGC-Dovenmule for six years now some wins mostly losses I need a real lawyer in Pietland Oregon fast who understands fraud and I mean fast. Any body know whos real my last attorney took tons of money and did zero.
Hi I know some people in Washington state and I know someone in Oregon please post you email address and I will give it to them for you. Ps if you don’t want to use your regular email please create a new one with yahoo or Gmail ok . I understand I have been fighting since 2009
Anyone have a foreclosure case involving robo-signer Candace Gallardo of PHH Mortgage?
check out the website mortgage servicing fraud
Thank you! Candace wears many hats… Anyone have any dealings with William “Billy” Bellows of PHH Mortgage?
Candace might want to get a lawyer soon….
How does she look in orange. What about Billy?
I live in L.I. NEW YORK -I am in foreclosure since 2007 – are there any good pro-bono lawyers out there?? I have just defeated banks motion for summary judgement! I truly don’t know what happens next. please help if anyone can. thank you for reading
Not sure if this firm will do it pro-bono but they are one of the best in the state.
Call The Law Offices of Robert E. Brown, P.C. at (718) 979-9779
Down in Cameron County we had the bloomberg audit recorded by the property clerk (103 pp.), to offset the fraudulent document created by BBDFTE trying to be a PETE. The proper place for for property records is in the clerk’s files. Naturally, one document is fraudulent and someone needs to go to jail for five years but that is for the US Prosecutor to decide. For dividing up money that is for the jury to decide, which fact is truthful, and which fact is fraudulent. If you judge is making such decisions, without personal knowledge of the facts and issues, that is just another error. Appeal it. 🙂
Can anyone tell me if a Bloomberg audit is admissible in court?
I had the audit done in my California case and even brought the witness who conducted the audit and the Judge refused to allow his testimony or the audit to be entered!!!! The banks are being allowed to fraudulently steal our homes and the judges are permitting it to be done! You cannot demand a jury trial, you must bring in your own court reporter, which was nearly impossible to even find and my judge cleared the courtroom so people couldn’t witness the wrongdoings!! It’s the worst crime to ever be perpetrated in US history and the DOJ, CFPB, FBI and the OCC are doing nothing to stop it?? I lost 2 homes because the banks have convinced lawmakers that they really are Too Big To Fail…..
Are you kidding me? When did this happen? What was your final outcome? Thanks fir the input
I’m a real estate agent in SW Florida and have seen lots of very egregious stuff. Is anyone here familiar with the addition of LPMI by the bank, AFTER CLOSING. Like 1 year and 3 months later??? I discovered it last year and BOA admitted in writing to the CFPB they had done so, as if there was nothing wrong with that. To my knowledge, nothing was ever done. Because you would never know if this policy had been placed on your loan until you try to refi or sell (or in this case short sale), I suspect this will be the next big wave of fraud, in place since 2006+ with untold numbers of mortgages affected. My research has turned up very few cases like this but experience has taught me if the bank can make money on it, they’re doing it. All behind the scenes, telling no one and laughing all the way to the bank. Only in America can banksters break our laws and not go to jail! #WhoDoYouCallWhenTheBankRobsYou
PB
Does anyone know of any federal cases in which the TILA 1640(e) SOL was equitably tolled in favor of the homeowner? Appellant decisions denying the use of the the 1640(e) against the homeowner enabling the homeowner to survive Motion for Summary Judgment or Motion on The Pleadings would be most helpful. Thanks!
Here’s a case pf how NOT to plead it and report with possible references; I’m looking into this as well
https://casetext.com/case/strong-v-countrywide-home-loans-inc
“Finally, both TILA and RESPA are subject to equitable tolling, which suspends the limitations period until the point in which the borrower discovered or had a reasonable opportunity to discover the violations. See id; Merritt v. Countrywide Fin. Corp., 759 F.3d 1023, 1036 (9th Cir. 2014). Here, equitable tolling is not appropriate. A party seeking equitable tolling must establish: 1) a diligent pursuit of their rights; and 2) “some extraordinary circumstance that stood in [their] way.” See Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). While providing evidence of defendant’s general wrongdoing nationwide and correspondences between the parties relating to loan modification, Plaintiff has shown neither a diligent pursuit of her TILA and RESPA rights nor extraordinary circumstance. See Lien Huynh v. Chase Manhattan Bank, 465 F.3d 992, 1003-05 (9th Cir. 2006) (finding equitable tolling not applicable when the plaintiff held all information required to bring their claims earlier and the alleged actions of the defendant were not “unusual,” or “special”).”
http://www.burr.com/NewsResources/Resources/~/media/B5B613BA3EBC433FA9A330835798CCC0.ashx
Good overview of TILA, Dodd Frank related cases
No Bobbi, I’m an independent that leans conservative. (not democrat or republican). Unfortunately there isn’t a conservative left in the race so I’m looking at the Libertarian candidates now. Yes, you are correct, both candidates (and parties) are as crooked as they come. Bill Clinton let glass-steal get repealed, which allowed banks to start gambling with our savings. While republicans (directed by bank lobbyists) slipped the measure into the bill at the last second. Now, Dodd-Frank is slowly being eroded and banks are back to their financing tricks.
I have faith in none of them. Hillary is as dirty as mafia hit-man and you can trust her just the same. While Trump just says one stupid, reckless thing after another, and has shown absolutely no temperament to try to learn the things that he doesn’t know… and he doesn’t know anything. He has a chimpanzee-level understanding of Geo-political and national security policy, I’m convinced he’s a petulant man-child with Borderline Personally Disorder (BPD). IMO! You can’t piss on my leg and tell me it’s raining like he tries to do. Yet, that doesn’t mean he will be any better or worse than Bernie or Hillary. Just has to be held accountable.
I’ve learned that we, as voters, get the leadership we deserve. We are all on this blog crying, kicking, screaming about injustice, while steadily going broke trying to save our homes. Why? Because of the decisions we made when electing our leaders. We can’t fight this battle alone Bobbi. Banks WILL start buying our politicians (to change the laws) if they can’t win in court! So, who we elect is very important and should be discussed here, with RESPECT to everyone’s right to decide for themselves. Bernie says he can / will change the banking system, but offers no ideal exactly how he will.
This system was screwed up decades ago, by both parties. What’s demoralizing is that Obama did nothing to the banks (or Bankers) when he had the golden opportunity to revolutionize our banking system, and send a message. He chose to tow the line and just “get the bus out of the ditch”. So, again…we get the leadership we (vote for) deserve. We elected him, Bush, Clinton, Reagan, Newt, Schultz, Bondi, Scott. Basically what I’m saying is that it doesn’t matter who is elected if we don’t hold them accountable. Pam Bondi (Fla AG) got hundreds of millions of dollars from the banks for Florida homeowners in distress. Where is it? Has anyone seen a dime. Has she disclosed where the money is / went?
The Big money/ people/ families, behind this banking system will always try to control this country by controlling the politicians. It’s our job/ duty to fight them. Let’s not get caught up in Clinton, Bernie vs Trump, as that’s just a media driven distraction to keep us from focusing on the real problem. THE BANKS!
” I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
Thomas Jefferson, (Attributed)
3rd president of US (1743 – 1826)
Hello Bruce I am a 100 percent disabled veteran near Portland oregon. I came to same conclusion. Perhaps you k or about the veteran hsbc whistleblower in Damascus oregon. I talked to his attorney who might be able to help you. My sit rep is with Chase. Here is my email if you want to contact me David F Black. Blackvan@hotmail.com. the story about hsbc appeared in the Vancouver Wash
Columbian newspaper
About ten days ago. The case was filed in federal court. Not sure of which one.
Regards
David Black
It does not seem this blog does not print very many if non at all for followers to read and see commnts if ay on thier reports. I know I have sent several and not yet seen anythind. I am a 77 yr old disabled vet and direct OCWEN/HSBC?AHMSI to the rune of osing some $300k to teir fraud for failure to prove interest/standiing. The did not matter to the Fed Dist Ct Judge brown in Portland, OR. or apparently to this blog. Sorry to bitch but I am wounded with no recovery in site.
Not telling you who to vote for !
http://www.thefiscaltimes.com/Columns/2016/02/26/If-Voters-Keep-Digging-They-ll-Find-Trump-Buried-Some-Really-Bad-Deals
Tonyp – I read this article and for what’ it’s worth ~ this author isn’t even a reporter; he’s a blogger. No college graduate with a degree in journalism; just his own opinion and a Democrat at that! There’s enough ‘scandal’ on the Hillary side to fill a 900-page book! No one person is perfect and I don’t believe the citizens of this country are looking for such a person. Hillary has been ‘involved’ in similar financial disasters and she certainly does not have the greatest track record in her current position and even that is still an on-going investigation. Trump doesn’t ‘belong’ to the banks and as far as cheating people, both candidates are guilty. I can’t name one single ‘honest’ Congressperson or Senator in either the Federal or State level. It’s obvious that you are a Democrat as well, but this site is not the forum to debate the political arena for presidential candidates. We are looking for solutions here that will benefit us as a whole for fraud against the whole of the country. No running presidential candidate at this point can fix those wrongs now.
Do you take on guest blog articles?
yes
SOL may not be a solution here in Florida There are several of us waiting on the Supreme Court ruling
Con u file in federal court based on rule 60 which is similar to Florida statute 1.54? Can someone answer and if there are any Florida attorneys listening pls reply. I am interested in filing. Thks
that’s right palm palmer, no justice here in broward cty, florida. theft is legal imagine that!
That should be on the court record. Finding out anything after that I have yet to find or even have answered here. They keep open the door for deficiency judgements and if you have cash in savings they will garnish but many have at least so far or yet not been getting hit for deficiency unless you stripped the shit out of the house and pissed the good ole boys off which makes it hard for them to unload or do whatever they are actually up to with stealing all these homes maybe for the refugees or maybe its greed.
Monitor the MLS for your house to go up and hope some brain dead young slave millenials that does not have a parent with wisdom or a son of a good ole boy and his nice new wife become the next set of slaves to move in, poor kids.
Now cancellations of mortgage you will get a tax 1099 or like document or have to go in person to the hall of records usually to find out at least by me because your a loser now they had to sweep your stolen home under the rug to keep their pensions and the good ole boys fed and on the payroll. Online access is for the elites and too much data entry to make us losers life easy.
Its kinda like an airplane the lady calls boarding for the first class, priority, premium gets access to premium overhead space for luggage but your in group 5 now you board last (and get off last) wait get all the way to your shitty seat no leg room and the overheads are filled so you gotta go back out check your bags go back to your seat with the big fat stinking guy who farts your whole flight and your arms sore from holding it in all flight and continually adjusting the fan hole just right to blow the stink from your nose just right. You may hope the plane just crashes but I move my hope to the first class elite vampires to be exposed and brought to justice. Or wish I had went into CC debt upgrading to the varying scam seats near first class but 3400 for a first class ticket an hour trip is insane. We are slaves to the matrix of everything.
Ok well lol sorry but vented a lil.
Did anyone read Neil Garfield’s blog on Friday. Angel I hope you did. It shed a lot of light on Fannie Mae. I have tried to post on his blog today and it appears that the comment section is closed because I cant post. somebody really let the cat out of the bag perhaps. The truth is getting closer all the time. Lets keep the post coming everyone. The Truth needs to be heard!
Yes. I have the originals that I received at closing showing acct # on each page of note and mtg and recorded mtg showed acct # but the note and mtg produced at trial and in the court file are erased so somewhere down the line after it was recorded, it was altered to not show the acct #.
Angel it appears our govt is the the one defrauding us. Ur situation is the complete opposite of mine. U bought from Fannie and chase is trying to claim ownership and I bought from chase and Fannie is claiming
To be note holder. Raises a red flag with me. They hide behind each other to put us further in the deep dark of their shell game.
Agree:-) I have ORIGINAL note,mortgage,special warranty deed, & I’m the ONLY one with the ”originals” in my case,,chase created bogus default claim,Freedom Mortgage made claim to Fha for pymt,,Chase is trying to step up as owner/holder with forged sloppy copy’s of note,& their chain of custody is NOT same property I’m in foreclosure over,its to a home in different county,its a FARM on 42acres,& costs 50,000 more than what we purchased,we purchased residential home on 2 acres…
Angel – if you have in your possession the original “ink signed” note you should file for dismissal. An “owner” of a note is legally described as a ‘holder’ of the original note. If you have the original you would not be foreclosing on yourself….Basically the lender would then have an unsecured mortgage, at best!
Bobbi,I have…..they’ve came up with EVERY stall tactic known to man,my motions are being held in abeyance right now,had to go to mediation,,,,that’s were 1st settlement offer came in…now its a new offer every 3weeks,,,I’ve declined all…I WANT to get into court,I want sooooo bad to finally have my say,,,,I have raised in motions dismissal w/prejudice due to,No standing,false cause of action,fraud on the courts,un-clean hands.
0bviuosly judges need to go to refresher school. so please help me out here. Bank A is the original lender on the note we sign at closing. Bank A sells note to fannie mae (GSE), FMA secititizes note on the stock market and mortgage is placed in a MBS and placed on MERS. Bank A (original lender) is retained as servicer. During the height of hamp denials Bank A (and all other banks and servicers) sold you not to pay the mortgage. you were told you have to be 90 days late for a hamp applicaiton to be accepted. so the 90 day peried comes and the Hamp loan application is sent to Bank A by Fed ex, (because in 2009 while applying for a Hamp loan the faxes were lost. hamp loan denied but bank A gave you an “in house” modificaiton with NO statement to see where the money for payments went) fed ex mailer lost. hamp denied. Now fast forward 6 years you are in the middle of your 2nd foreclosure (Bank A never proved standing during 1st foreclosure case). I am not understanding how Bank A can prove standing if they sold the note to FNM and FNM placed it on MERS. Why are judges not seeing securitizations? why are the letting the original lender Bank A take homes in foreclosure they do not own any more they are merely just the servicer. how can we the people right this wrong. this ver over whelming to me and causing so mych sstress. PS SOL passed in sept. Case should be dismissed if SOL has come and gone? thanks for your help
Bobbi yes thank you. No assignment on record. However the mtg was recorded and that is all. No evidence of Mers involved chase was lender. However. I recently visited the court file and the note and mortgage in the file has been altered. They also erased the account # off of the note and mortgage. Why would they do that?
What do you mean they “erased” the account from the note and mortgage? Erased it from the face of the note? You cannot deface a note; it makes it null and void if you do so. They can cross out and add but cannot erase. You have proof that it was physically erased on the note?
That’s what I thought they were is an insurer
So I see they assign the bid for the sale but no evidence they ever had anything to do with note and mtg. Just got off phone with Fannie supvsr. Telling me that to get a loan mod when hamp first started They were sending out the loan mods. Prior to people qualifying for them. This is how the banks are trying to explain their reneging of all the hamps. What a maroon!
Angel, FYI, I just contacted Fannie Mae for them to send documentation on when they bought my loan and this guy AJ said he would have to ask his supervisor to provide me with that info. Apparently it is not a right for the borrower to know that information. What a bunch of bs! If Fannie owns the note or holds it or whatever you call it, would they not have to do an assignment thru the court record?
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Over the last couple of weeks I’ve seen all this garbage about Fannie “owning” the note and mortgage being or not being my lender. Fannie or Freddie, neither one, can originate mortgages or lend for mortgages. They BUY the mortgages already closed and funded by other lenders. That is what they are – GSE”s (Government Sponsored Enterprises). They are not lenders but by purchasing portfolios of mortgages from other lenders they bring liquidity back to those lenders over and over and over again. When a lender sells your mortgage to Fannie, Freddie or even Ginnie Mae it is SUPPOSED to be done via an assignment but that was part of why MERS was created – to bypass all those recordings in the Public Records and not pay all those fees. They got around this via MERS by forming the TRUSTS or pools of mortgages and setting up a ‘trustee’ which allowed MERS to be the tracking device for all these mortgage exchanges. The public records clerks had no idea of the evasion being committed by these lenders until the financial recession. That’s why so many of the County Recorders are suing those lenders for the loss income. As far as you, the customer, the only way to track is finding the Trust your mortgage was placed into and pulling down the proof. It’s really really digging deep and for most it’s never found. If your assignment is not on Public Record I would go to the County Recorder and ask why this lender was able to circumvent the public records? Getting them involved is like lighting a match to kindle….Oh and you can always go the sites for Fannie and Freddie online and find out if they own your mortgage. Google Does Fannie/Freddie own my loan?
I got the same run around until I told them there a DEFENDANT same as me on summons from chase…,then I got somewhere,,,had to send papers,& They responded to me/court.Fannie Mae was the ”seller’ we are buyers/borrowers.Freedom Mortgage was lender,Loan care was servicer,then CHASE became servicer,,flipped our lives upside down.
IMS 53,MY response above is to u,don’t know why it shifted downward,sorry:-)
Keep fighting. We all know how you feel.
https://livinglies.wordpress.com/2016/04/06/the-emergence-of-post-traumatic-foreclosure-disorder/
I’m at the end pretty much too. Trying to get judgment thrown out Most attonys don’t want to deal with u at end cause they can’t make money. I would say if u come this far on ur own, finish it Because my experience with lawyers has been u pay a lot of money and they go thru the std motions but don’t really dig into your individual case as they should. There are many issues of material fact that should have been in front of judge but never did so now it is left up to me. Going to court next week in fact. Will keep u posted.
I wish u all the luck in this world:-) &thank u for talking& yes keep us posted:-)
Angel, about your assignment being record in court.
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Al, NOTHING has been recorded in my county clerks office,We purchased this home from Fannie Mae,2008,,it was a foreclosure/repo…We aren’t listed/vested as ”Owners”‘,nothing has been recorded since Fannie Mae,Chase had counsel Lerner,Sampson,Rot fuss ”create” an assignment of mortgage dated 2-9-2012. I was in foreclosure proceedings 8-1-2010. That created assignment didn’t come from original LENDER,& it HAS NEVER been recorded.Chase has paid my taxes under the name of FANNIE MAE all 8 years..I proved in court with documentation from Fannie Mae it was SOLD to us in 2008,& that was in 2014…chase is claiming they have continued paying the taxes but my records show CHASE NO-WERE,,,why would someone with a legal claim to property pay under someone else’s name????? To me…..FRAUDULENT ACTIONS,,,what’s your thoughts???
that’s what they do to shut you up. I was in the chase multi district litigation class action in boston for breach of contract. of course chase and the attorneys settled for 10m and the homeowners got nothing. I have tried to contact the attorneys that represented us in the class action. they will not return phone calls and I found out Gary kleins firm has closed up and I think he is working for AGs office in Boston, so they get you to shut up one way or the other, know what I mean. you must have something on them.
Its crazy the levels they have taken us all built on lies,I’m at (I think) the end of this case,as lawyers put it,I have a Great court system here, but I do think I need a lawyer,ONLY because they do speak a different language,&my proof is great,my delivery isn’t..& finding,explaining case,timeframe its takeing they act as if I’m a loon,,,”oh no foreclosure cases only last a year in litigations”’ ummm no…I’m STILL fighting,& it began in 2010 to present…so I’m pro se,& they continue to hold my life in 2010…& battle rages on…& I have everything,every notice,flood policy attached,I have Original note/mortgage/special warranty deed/chain of custody.proof their ”copy’s” are copys,not originals & forged
Had a lawyer 2012-2014,he did NOTHING except change law firms,3x’s & was always playing catch up due to the move? So we released him,to put it nicely,& I’ve moved this further in a yr as pro se than he ever did,,,1st challenged motion came from me..so TRUSTING a new one causes me pause…….rock/hard place…have you heard of Jeff Barnes? Any input would be greatly appreciated:-) 🙂
unlike you Angel, I did my refi with Chase and they were the original lender, but have since tried to put it on Fannie, but there has never been any evidence to show that Fannie is owner except the fraudulent POA showing Fannie assigning certain rights to Chase. even my credit reports show chase is the owner. fannie mae said they have been owner since 2006, but there is no way.
keep on keeping on Angel , like me. Chase is made up of a lot of dishonest employees, combined with their foreclosure mill attorney, the fraud is rampant. they erased account # from my note and mortgage, not sure what their benefit to that is except to continue their fraudulent securitization scheme. also Chase is hiding behind Fannie mae saying Fannie owns the note so they done have to explain their illegal ways. I’m still fighting too after 7 years so I hear you. Stay on them!!
They did same thing to me,I contacted Fannie Mae,made them aware they were named as holder same as me,they released written statement to me/my courts they sold property to me in 2008 & don’t have ANY claim to my property, if I was you involve Fannie Mae,helps u by showing flat out deception…this has been a living nightmare,but also EYEopening….I wish u peace,resolution:-) 🙂 & Don’t give up:-)
Howdy y’all,,I’m STILL fighting chase/counsel….Latest activity,settlement offers have been coming in,500 to 10,000 now,I declined ALL amounts,&made counter offer,of course it was declined..also the ”threat” of summary judgement motion is on the way,that was last June,1st time I was informed of it to present date,,,still NO motion..weeks pass,new offer amount,,I have filed motions to dismiss w/prejudice that are held in abeyance,my question is….do I push to proceed,or cool my heals to see next offer????I have battled this since 8-1-2010!!& I’m still in my home,& I’m pro se:-) your input on this topic is priceless,,I feel I’m on the right track,but DONT want to mis-step.thank u so very much in advance:-)
Angel what are they making settlement offers on ?
My home,,,sorta like cash for keys,,,,they have no claim to my home,sloppy copy of note that is forged,false cause of action,the default claim is/was always paid,what I REF– USED to pay was forced placed flood ins,policy’s..so they made it into default claim,of missed home pymts…that I’ve proved PAID.chase was servicer ONLY,,,,never had ANY loan with them.didn’t close home loan with chase,but their claiming ownership to my note,with no valid chain of custody.no valid anything….I have the realtor who was Present a closing of my loan & written statement the signatures/initials chase is using ARENT what she witnessed us signing.false credit reporting,its a LONG list of illegal actions by them.
& part of ”settlement offer” I’m to withdrawal all complaints,I’m not to speak of chase/counsel in negative light,I’m to stop all legal actions….I declined:-)
Quicken loans, gave loan immediately to GMAC, 2008 crash, husband’s company bought out, wife’s job cut along with furlough days- leads to husband’s new company cutting everybody’s pay and. Cutting out benefits that were still needed to do job. These were vehicles and cell phones and gas expenses. So, trying to get a modification loan with a company, we are served foreclosure papers that had written that two lots of land that the wife inherited was included in the foreclosure. Immediate attorney gotten to respond to this fraudulent statement . GMAC going bankrupt and said did not need to help us. Quicken loans no response to clear this matter up. Ocwen has gotten loan and refuses to help. Have always paid taxes on this separate land. Property description always correct without lots on it. Six years of being told we would have to move and that court would be coming up has caused the husband to have heart attach and last year thyroid cancer. Anxiety and stress. Now, being told to not spend money on home, it leaks and insurance will not fix. We have had to move in with family because of the awful mold and mildew. Still no answers, still injustice. GMAC would not work with SC Help and no modifications could be done since we are in litigation.
Lenora, where are you? if in South Carolina email me at rwsi100@bellsouth.net
I have a case where a FBI agent with 30 fraud investigation experience has stated that my mortgage bank committed criminal mortgage servicing fraud. The put in place practices and procedures to enable the foreclosure of high equity properties. I stood in line myself every single month and made my payments in person and got a receipt yet the bank made my payments between 7 and 20 days late with all that additional interest and late fees. Then when called on it they corrected it, years later. They with American Modern added at least two copies of insurance for 1.8 MILLION dollars each on both my HELOC and my mortgage at the same time. Total coverage on property was over 4.5 MILLION dollars which of course they billed to me. They claimed my insurance which was always in effect was 300K insufficient so the added 3.6 MILLION in coverage! WTF??? Even send grade math tells you there is a bit of over insurance. OH yeah and when the complaint went to the federal reserve they claimed there was no insurance fraud. They INVESTIGATED IT!!! The bank created a situation where they sent to credit reporting bureaus that my HELOC payment was 3 months late, yet they talk in their own activity work sheets about how the bank officer who was supposed to be managing it hadn’t. They told their collections person not to call me when bank officer failed to transfer only the HELOC payment. Of course he continued to make the mortgage payments that were due the same day. Then the bank said they never transferred a dime.
IN 4 YEAR ONGOING FORECLOSURE BATTLE – SAME HO– USE/NOW ON 3RD LENDER.
FORECLOSURE COMPLAINT JUST DISMISSED BY COURT BASED ON MY MOTION TO DISMISS DUE TO PLAINTIFF NOT RESPONDING TO ANSWER TO COMPLAINT, ETC.
NOW, PLAINTIFF IS REQUESTING MOTION TO AMEND COMPLAINT INSTEAD OF REFILE. NOT HEARD OF THAT BEFORE AFTER SUCH A DISMISSAL BY THE COURT.
NOT ABLE TO FIND ANY AUTHORITY TO PROHIBIT THAT OR ALLOW THAT.
I AM LOCATED IN ILLINOIS, BUT ANY INFORMATION OR HELP WOULD BE APPRECIATED.
THANKS FOR ALL YOUR GREAT WORK.
WD HERRIN
mickwd1@gmail.com
We can’t ignore impact we have had and whistleblowers, significant wins and Supreme Court TILA decision by Scalia who was ni friend of homeowners but could not deny basic truth. We are at another level of evil in those places like CA manipulating settlements and ignoring law that was to address harm done and admitted to.
I’m in California. We are making progress with the TILA rescission. One member of our team had an acceptance from the Federal Reserve of a complaint submitted. The Fed forwarded to the CFPB. I will be doing with my two cases which are in the San Bernardino County courts currently. I can provide more information if you’d like to join us….Please call me at 310-427-1008 or email me at margdeselms@gmail.com. Thanks!
Interested. Will be in touch. Just lost stay of eviction but court left opening I believe.
Has anyone watched the video of the Bartram Supreme Court pleadings ?
Yes the cancer has spread everywhere were way beyond cause and blaming sub prime. In my case brokers definitely ignoring law and abusing the process. Used notice of sale and intimidation as well as bogus cash for keys to try to push me and tenants out. They tried to get contractors to tear off whole roof of unit to flip. I had to stop them and put sign up. They are even using rental income under MY OWNERSHIP! City refused to release funds to me when I still had a chance. Contractor actually refused and new ones told me they were fired. We need all brokers, bank, court employees to stand up.
My view and first hand is its way worse than we even can see I am afraid to say too much. The matrix is in full effect and I hate to say this from the bottom of my heart but I think its over already. All the puppets that think they will be taken care of will be shocked when their masters dump them too and they become just like us and realize they were used to do the dirty work. As I watched all these baby lawyers just jumping in making a name for themselves be used and brainwashed into thinking they are special stealing the homes of their own mothers brothers perpetuating this travesty.
There is No room for the good people the light in their darkness they have to marginalize you and isolate you. The struggle is if so much evil then where is Good? Where is God? Throw us a bone not one of the so called precedents we prayed for ever came through. Now what the next bubble game. Waiting for the next punch of destruction. Its obvious now a systematic destruction of the USA is in full effect, or global destruction.
Yes both! All on the take willingly or forced to comply to continue to have a business in the local municipality or face being targeted and destroyed and blacklisted harrassed. Hundreds have said brokers went out of their way to drive homeowners into short sale/foreclosure. Homeowners taking hit to unload property to avoid and they blow the deals out. Some done deals with deposits, mystery walk aways. You know a broker is shady when they dont force the deal legally, buyers obligated to go thru mysteriously brokers dont fight for % BS! I have heard tons of times weird broker stuff. As for mortgage all the sudden friends of friends are in the mortgage sales biz from street cleaners to truck drivers. These guys had such a pulse on the bubble they all the sudden are mortgage business pros.
@ PAL – Let me just set the record straight here. ALL mortgage brokers have to be licensed as of 2010, take the pay for educational required classes, pass the written test with 70% or better, pass the background check, pass the credit check,pay the annual fee and now be limited to a set amount of pay. I am a mortgage broker and have been one for 44 years. I don’t stay in this business because I do the wrong things, I stay because I do the RIGHT things. In 2010 when the NMLS (National Mortgage Licensing System) was put into place, nearly 85% of all registered brokers and loan officers dropped out. There were several reasons: couldn’t pass the tests or couldn’t pay the fees (they are hefty) OR didn’t like that our incomes would now be controlled by the US government. We can’t get raises, or bonuses. We don’t have overtime pay. None of that. We work strictly on commission and that commission is set now by the CFPB government office for EVERYONE. Every time I hear a consumer spout that it was the brokers that caused the financial disaster and subsequent foreclosures I want to puke. It started with the Greed of Wall Street and grew like a cancer. A mortgage is a product just like any other type of product and there were all kinds of versions just like there are versions of models of cars and each with a different set of rules and guidelines. Wall Street began to offer ‘incentives’ to sell as many of these products as possible. The brokers only followed the rules. How often do you perform a task in your job that you don’t like or agree with? Do you just say I’m not doing this and put your job on the line? Hell no. I did. I refused to sell the asinine products to prospective buyers and do you know what they did? They went to any other broker who would. People were desperate to own a home no matter what. Consequently I lost over 70% of my income. I resorted to taking on a second job while I watched my other cohorts rake in the hundreds of thousands of dollars. There are those of us who had consciences but there was also those buyers out there who knew that under normal circumstances they couldn’t own a home other than these ridiculous programs from Wall Street. These people now come crying and for those I have no sympathy. For those that suffered the loss of value because of the financial crisis who had owned homes for years, never refinanced, are the ones who suffered the most. They ended up with the short end of the stick after all was said and done. That is the truth of the matter.
And I say good is good. I know rotten apples spoil the bunch and its in everything. Those shining lights in any job I have no problem with. I CERTAINLY am not sayin all are bad I know how it is, theres evil and good. Wheat and tares. My only hope is in those lights and I hope they are in leadership that can save us and say enough is enough. If you made the noble choice to not sell those products than well I am not sure most of us wouldnt have gone along with the gold rush and stood up and said no so THAT IS ADMIRABLE.
Obviously we are under attack and our only knowledge is that the Courts are created to protect us!! The reality is hitting each of us, the many that have been on this thread for years, that we the people are being allowed to be under attack by the very courts that are created to protect us?? The system to protect us actually allows the banks, that took our homes with forged and fraudulent documents, to add another source of revenue for the IRS by sending 1099 showing you received the foreclosure as income and now the IRS wants money from you!!! Really? So the banks are paid for the insurance they took out for each loan, then they steal our homes to sell
to a new buyer so a NOTE can be created, then they send a 1099 as the final straw to then attach your social security, unemployment, income refunds even disability!! What the hell? There is something going on with “things” and our jobs, homes and way of life are disappearing before our very eyes?? This court battle is useless, it’s totally rigged to take your home!!! There has to be a plan that was agreed on with “the powers that be” whoever “they” really are, it’s a movement to change America and we better get out of the court battle’s because we can’t win and it’s got our total focus!! We need to figure out what is really going on and soon !! I am a victim so I know what each of us is going through, it’s something bad for sure don’t you think?
You nailed it! Its no doubt the boiling frog analogy. I shake that the frog is cooked and well done. I mean Its scary, whats next? All these years of end times chatter I would hear and I have chalked it off to fear porn. My common sense says I have seen for myself pure evil over and over worse and worse. I through this foreclosure process could see they can get away with anything they want. Kennedy, breitbart, scalia man this is getting freaky.
Exactly ldynps as we’ve talked about and has been my mantra to stay out of court trap. But was only option but it’s even worse than forgeries law is ignored and in my case completely wrong information on purported verification of debt. I also have issue of local government ignoring law and fraud ON THEM. So that’s going to be Main attack next couple of weeks and worst case will enforce TILA, sue for fraud after eviction if necessary.
The local municipality is in on it. They are the front lines. The local yokel brokers (these are all connected to the local brotherhood of men in cahoots) are all tending to the vultures in the coops and preparing their meals your sanity and your money is their food. I have heard the same story over and over brokers grinding clients into foreclosure. Not selling getting them desperate to short sell, not showing, blowing deals out. Then sweeping your house up to feed the dragons. For shits and giggles look up any one you suspect locally of being in on it. Look up their public record and you will see a bizarre flurry of mortgage activities that are abnormal, heloc, discharge, mortgage, mortgage cancelled over and over every 30 days. Then you will see no activity after certain dates on all of them.
Yes all the local municipalities are involved with the fraud. Blackstone wants to make everyone a renter and the need to steal homes in order to rent them. Blackstone and jp Morgan Chase alive and well in broward county Florida. D/b/a invitational homes where blackstone owns 100s of homes here and chase is holding the mortgage. Rents are outrageous.
@ PAL – what ‘brokers’ are you referring to in your post? Surely you don’t think that Real Estate Brokers or Mortgage Brokers have anything to do with this? Real Estate brokers only come in the picture once a lender has taken title and want to sell the property as a REO. Every lender out there utilizes a real estate firm to handle and dispose of REO properties. There are a multitude of real estate investors with cash who are purchasing these properties but that’s only AFTER the foreclosure sale and subsequent transfer of title. It is rare that an investor actually wins a bid on a foreclosure sale but more often will purchase them once the lender has title and put the property on the market. There’s only two evils to what happened in the financial crisis – Wall Street and the Banks, especially the ones labeled TBTF. Everybody else was at the tail of the snake and it’s the head (Wall Street/Banks) that needed to be chopped off. To this day, none of them have been held accountable and again, I say, we need a stronger presence in white house that will not be indebted to these SUPER PACs and go after them.
Can’t get into fear, end of world mode that’s what they want.
Look I have this 1099c I or even we really have no clue what the hell it is. No explanation just a form saying I owe. Google doesnt know, court info, threads. I have no idea what it is. Am I done with this disease? Did the house sell, no record saying it did. I can call my lawyer who ripped me off, he wont know or tell me. The feeling of how insignificant we the slaves are is achingly apparent.
In CA not even done w unlawful detainer and sent 1099 for amount it went back to the bank. Doesn’t seem to make sense as purported deficiency of foreclosure sale amount or if tgere was actual sale.
@ Hammertime – CA is a deed of trust state so you don’t have the same judicial proceedings like Florida or New Jersey so the process of a deficiency judgement is totally different. My own personal opinion, those states such as yours (CA) took away most of the rights of homeowners when they became Trust states wherein the appointed Trustee takes possession. You really have no say so in court in those states. The process of foreclosure is so open to fraud in states of Mortgage Trusts ( Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia). What you got you can’t compare to what someone else got in a mortgage state like NJ or Florida.
I agree. After going through UD court we also have seem to have own version of rocket docket. Fraudulent / illegal sale after fraudulent transfer and violation of TILA rescission. 1099 purported amount is equal to what they claim it went for back to them at auction. My understanding was deficiency was difference between total disputed debt, foreclosure lsale amount , minus sale amount. Could be different if goes back to bank, REO?
@ Hammertime – All I can say (for Florida) is that deficiency occurs when title is passed from the (defaulted) borrower to the new owner at the foreclosure sale. This could be the original lender (which would be a REO) or to an outside entity. Either way, once the court determines the Judgment of Foreclosure, which sets forth the final amount owned to the lender, and the sale amount, if the difference is negative, that amount is the deficiency balance. Pretty simple here in Florida. REO or outside sale, it makes no difference. Anybody can bid on a foreclosure sale but more often than not, the lender will outbid everybody, hold on to the property until the market moves upwards, and then sell it later to recoup a higher percentage against the loss.
Thanks for response. The bizarre thing not that anything shocks me with the scam of all this. Not one public record of a sale whatsoever. Not a cancellation nothing anywhere. If its sold it is completely hidden from public record. Even searching block and lot no new owner listed no real estate transfer. The layers of this fraud and process has been utterly frightening. We the people have been destroyed and I cannot even imagine whats coming next. I mean nuclear power has a massive leak in NY right now and its not even a major headline. God help us.
@ Pal – I found this time frame for NJ:
Deficiency judgments are allowed in New Jersey, but not in the foreclosure action itself. To obtain a deficiency judgment, the lender must file a separate lawsuit within three months after the foreclosure sale or, if confirmation of the sale is required, from the date of the confirmation of the sale (N.J. Stat. Ann. §§ 2A: 50-1 through 2A:50-2.1).
Is it fact if i get 1099c that means the house was sold. This would also mean they got big money for the house. I was asking 40k less than them if sold. Way over assessment they got. It just doesnt fit. Could the 1099c be for something else? If it is a deficiency its under 20k? So i guess i should celebrate I am only a lil crushed? I would be grateful to be done but saddened by the state of affairs going on.
@ PAL – if the house was slated for a foreclosure sale, it is usually open for the highest bid and not made upon the market value or even the assessed value of the property. Just because your may have sold it less than what they set up for auction does not mean they started the bidding at that price. If the house was underwater the couldn’t even start the bidding at the loan balance amount. Whatever the dollar amount of that 1099 is what the shortage would have been from the principal balance outstanding. And remember, that ALL costs associated with the foreclosure plus interest gets added back to the loan. In some cases, that could be upwards of $35K added. Attorneys fees representing the lender are added to that principal balance as wells inspection fees, taxes or insurances, preservation fees. It is very profitable for attorneys representing plaintiffs….Big bucks! And with the 1099’s it is usually YOU that pays that bill.
We are all slaves, does anybody have any common sense left. Are we doomed or what? Russia says one saudi troop sets foot in Syria WW3. What is happening the whole world is falling off the cliff.
I also received a 1099 and got it from Specialized Loan Servicing… For 45K.. I have no Idea what this is for…. what loan… could it be for taxes that they paid out of escrow?
If you received a 1099 from the lender it is due to two reasons: 1)you sold a home on a short sale and didn’t get the deficiency judgement provision deleted or 2) you had a foreclosure and this is the balance between what the home sold for and the outstanding balance due on the mortgage. Either way, it is the deficiency balance. If you sold the home on a short sale you should have negotiated with the lender to cancel the deficiency balance. In a foreclosure, you have no means to do so unless you signed a Deed in Lieu of Foreclosure. Now, that amount is reported as “income” to the IRS for which you will pay income taxes.
But I had no sale…. I am still in the house and was served the LP in November of 15. What else could this 199 be associated with.
@ Bob Toerner – if there has been no sale then was there a 2nd mortgage on the property? A lot of times if there is no equity position from the first mortgage the 2nd mortgage holder will just extinguish the 2nd mortgage, cancel it from the record and send you a 1099. The other possibility is if you had a credit card that went into default; they took you to court and got a judgment. After a period of time if they cannot collect on the judgment, they can issue you a 1099 and cancel the judgment on public record. Other than that, I have no other clues as to why you would receive it. Was it from your actual mortgage lender?
Yes… it was from the lender on my house..Specialized Loan servicer… . it seems that if it was a credit card or from a servicer of my second that it would not be from the same servicer as my main mortgage. Does that make sense. I tried to call them at SLS and I kept getting passed to other departments then disconnected.
Bob – Stop with the phone calls. They do absolutely no good and you have no proof of such communication. You need to write the lender a letter demanding an explanation for the 1099 and in fact, requesting a mortgage/forensic audit of your file. They are required to respond when put in writing, not a verbal request or inquiry on the phone. Send the letter with verification of delivery/receipt.
Also known as a ‘Qualified Written Request’. This has a time limit for response from a lender, I believe it is 20 days ( I am probably wrong – but there is a limit). Try it. Legally it will give you a better standing.
Tx for responses appreciate you guys so much. So since my last post I received a 1099c cancellation of debt from the bank. Under 20k. Can any one confirm what this is? Is this the deficiency from a sale?
….sounds like they wrote off your balance and aren’t holding you liable for the debt…the 1099 shows the IRS you received the equivalent of the balance shown as income to YOU in the form of debt relief or debt forgiveness.
You need a tax accountant to tell you if you have to pay income tax on the amount they ‘gave’ you, or if and how you can get out of paying taxes on the amount.
Nice going ! You won.
Hello members,
I am in very desperate need of an attorney. I have filed suit but need help. I’m in the Dallas area does anyone have any knowledge or recommendations for Texas attorneys. Thanks so much!!
When I do my Due Dilligence, I search my states Appellate Court decisions for attorneys who have represented parties against the party I am going against, and then do the same thing in my local jurisdiction. I prefer Appellate attorneys since they know the parties and law better and are a great source to find who’s good and who to stay away from.
You need a LITIGATING attorney with lots of trial experience and success …..
….another way to is search current open and recently closed cases…that way you can actually SEE the paperwork they file and how they do in Law and Motion hearings.
Another technique I use is asking trial attorneys, including criminal attorneys, who they know who might be good with my specific circumstances. I also search legal indistry news stories and all the articles prospective attorneys have written, and spoken to others they have represented.
I have found relatively few spectacularly qualified attorneys, and usually decide that if I might lose I’d prefer to do it myself and not lose my money as well as the matter, and found that when representing myself, I use the same techniques to research the judge in my matter, and attend numerous hearings and trials to get to know them, and try to learn how they specifically think and rule, and set them up to make mistakes I could take to appeal if I don’t get what I want.
Using the above, I got my second mortgage removed from my property and the court order the bank to pay me over $20,000 for possible income tax expense, and had my foreclosure judge on my first mortgage order the lender to modify my mortgage…indicating she would throw my mortgage out if they brought it to trial.
My legal expenses on both these was zero.
Has anyone heard anything on the Bartram court ruling ?
Thank you bobbi, I am in nj. In my case record says Fannie Mae owns it, for $100.00. The only time frame I found is 90 days after they sell it, they have that 90 days to file deficiency. The thing is can’t find anything that says if the bank holds it for years they have any time limit. So rebuild and it’s still monkey on my back when just want to cleanse from the whole dirty process. Once a slave always a slave.
In my opinion, as I lost 2 homes through this crime, if the home is empty and no sale, file a lawsuit against the bank that stole it from you for Fraudulent Foreclosure! It turns you into the Plaintiffs position and the fact that it is not for sale could be because they haven’t forged documents to create a note…..Sue them to get your home returned!
The toll of corruption faced already for over 4 years the bank, my lawyer, bank lawyer, judge. It was clear it was all an act all in cahoots and in on it. I am convinced just entering that place is a waste of time unĺess I had some good supernatural power like they have with their evil. I had a case blatant forged documents. So really trying to hedge against being on the hook for this place after I rebuild my life down the road.
Once the lender forecloses on a property the court sets a foreclosure auction date which is usually scheduled 60 days after the final hearing of the foreclosure. If the lender buys it at the auction, the court issues a Certificate of Title and title to the property is then reverted to the bank’s name. If another party purchases the property at the auction, then the property gets transferred into that buyer’s name. Either way, there is no real time frame in which the buyer of the auctioned property must put the property up for sale. In a foreclosure, the lender has the right to file for a deficiency judgment against the original debtor if the property that was sold at auction, whether by them or another party, was not sufficient to cover the outstanding balance due from the foreclosure. I am not sure of the time frame in your state as to how long a lender can sue for the deficiency but in the state of Florida it was recently reduced from 5 years to 1 year.
check your local statutes and know the terms of your note and mortgage.
My mortgage company stopped taking payments from me when I informed them of my fathers passing …. I was not on the loan …. I even have three checks that they returned to me saying the account had been suspended…… I kept thinking this is so wrong it has to work itself out but to no avail…… by their refusal to accept payments they forced me into forclosure is this legal?
I have in NJ cannot find anything anywhere. No reference to any time limit they have to sell property.
https://rogerrinaldi.wordpress.com/2016/01/28/anybody-read-bony-v-carson-bank-must-sell-foreclosed-property/
Can anyone answer this. After the bank takes possession and the case is complete, the Sheriff Sale takes place and the bank/Fannie takes back the property. The house sits there and they never sell it or put it on the market. Are we still liable for delinquency? Is there some time limit on that? What if 5 years from now the bank never sells it? Is it normal for them not to get it on the market? Why are they holding it, its a nice house and other homes are selling? In my case they even made repairs on it I see, but no activity whatsoever, transfers, auctions, listings etc on it out there at all, nothing! Its in NJ
I realize once they sell it they have 3 months to come after your for deficiency, which I hear is rare. Its like a disease that never dies if they can come after you years later and garnish or whatever schemes these scumbags have. Anyone in this boat? Would like some thoughts and opinions or new scheme they are plotting. Has anyone from early days had them come after you?
Thanks
Your Pal
Am currently suing Wells Fargo and Assurant. I seem to be unique in that so far I seem to be the only person that had their insurance tied into the escrow account. Wells Fargo failed to make my insurance payment themselves and it was cancelled. I called after which they reinstated it. They again failed to make the payment and it was again cancelled. I again called and they again reinstated it. The very next day they cancelled my insurance for “underwriting reasons” and started forced placed insurance, but did not notify me for 9 months at which time they sent me a large bill for the back time.
I have defeated summary judgement and also motions to dismiss by both parties and motions to sever from Assurant. A tentative settlement offer was made which I refused. If anyone knows of any legal cases in which the mortgage company itself failed to make the required payments which can help, please let me know. Most with forced placed insurance are fighting because they let their insurance lapse and inflated insurance was placed. I can’t seem to find any cases in which the bank itself canceled the homeowners insurance just to put forced place insurance into effect as they did in mine.
Thank You.
Steven,
David Lee Ham v. Nationstar, 1D14-4024, Florida 1DCA, decided 05/12/2015.
He had a foreclosure where it was brought about by (illegally placed) force placed insurance. He refused to pay the additional premium beyond the original premium, which Ham was current on (loan was on adjacent structure to his primary home, and while it wasn’t included in his escrow insurance on his primary property, he did have a policy, w/the proper PLP on the policy, covering the subject property, but THEY didn’t think it sufficient, and they force placed an Additional Policy and thereby the party began.
What they didn’t know was that Mr Ham was an attorney.
He prevailed, in the end, on appeal. Reversed and remanded with instruction for involuntary dismissal. Currently tying Nationstar in KNOTS in the Florida Middle District Federal Court.
(& Nationstar was preceded by Aurora, not WF, although WF was cited and CONFESSED to that which You allege in 49 Attorneys’ General v. BoA, N. A.,et al, settled, 2012. They (WF, WFHM, & WFHLServicing, Inc.) all Swore they wouldn’t ‘do it again’, although it sounds like they never stopped, in Your case?
Hoping this helps, I’m sure there are more, hundreds if not thousands of victims when applied nationwide, where the Lender/servicer force placed an insurance policy, & thereafter sought foreclosure?
-Mick
Thank you Mick
LegalYou: The Ultimate Self-Help Legal Resource is Live!
It’s here. It’s finally here. And no, we don’t mean your cheese of the month delivery. We mean THE ULTIMATE SELF-HELP LEGAL RESOURCE. And that all-caps is deliberate. Because we’re talking about LegalYou here, our seismic contribution to online law—born out of tireless efforts, emboldened purpose and an overdue need to empower the people regarding access-to-justice. We couldn’t be more excited.
LegalYou is designed to be a game-changer. By putting the legal advantage back in your hands, we’re rebuilding a system that is for the people, by the people. Novel idea, isn’t it? An understanding of our country’s court systems—all its workings, its structures, its ins and outs, its lingo—is not a privilege reserved for the academic few. It is your right. And LegalYou is here to make sure of that.
If you’re one of the eager folks who have been following our progress up to now, you might already know a little about what LegalYou is bringing to the table.
But whether you’re chomping at the bit or just discovering us, here’s a recap of some of the incredible features available to you as a user of LegalYou:
Access to a wealth of legal knowledge (written in plain, non-confusing-lawyer-speak English)
An extensive support system to help you make sense of and apply that knowledge
Our unique legal document creation and management service – which allows you to create, edit and download the documents you need. For FREE!
An entire library of short, accessible, humorous animated videos describing a wide range of legal terminology, procedures and general advice. For FREE! Yet again!
And if you’re really stumped, confused or preferential to direct human contact, we provide unbundled, as-you-need-it help from an actual lawyer. It’s easily accessible through the LegalYou platform. The idea/best part? You only pay for the advice you require. No more. What a concept!
LegalYou was conceived, designed and equipped to make you totally self-sufficient in court. We’re talking a legal independence you never even knew you could have!
So, what are you waiting for? You could have been revolutionizing law already. Head over to LegalYou and have a look around. Get lost in it. Because the next time you have to go to court, you’ll be happy that you did!
Best,
Team You (aka LegalYou)
http://www.legalyou.com/
I have misplaced my copy but I don’t think they are making it up. I just want to know if there’s anything else I can do
Well I just found out from my attorney that I don’t get anything. I guess the contincetcy in my contract with them was 10 percent of what the foreclosure suit was for. What I don’t understand isn’t the contingentsy part of the legal fees or cost ? Also what about damages I guess I need to find an attorney that will take a percentage of what they can recover. If that’s even possible. Any ideas from anyone ?
It’s been so long since I signed the contract with my attorney I didn’t remember that the contingency also covered any fees they collected up to 10 percent of the foreclosure suit. Still I think that should be considered fees it cost because now I get nothing. I’m als thinking maybe I should try and find an attorney that would go after damages and still try and get my money back. Is that possible ? I haven’t signed off on anything
did you keep a copy of your retainer agreement
Thanks Mick
What about Ticktin law group? Any views on them? know they are pretty expensive, but hear good things.
They are a bunch of clowns!! Don’t even know how to properly draft a deed, let alone defend a client from the wrath of corruption. Wasting your money. JMO.
LOL. Thanks. Just hear them bragging / posting about the foreclosure cases they are winning all over Florida.
I went to them back in 08 and they wanted my first born to defend me. Seriously, they wanted a percentage of any loan reduction and for me to sign a sign a second note for it and a monthly fee. That was back in 08 when a lot of homeowners were being taken advantage of by lawyers, so i doubt if they are still doing that now.
However, they have been winning a lot of foreclosure cases and appeals lately. I know that for sure.
Well I was just notified by my attorney that they settled the legal fees and cost to satisfy my contingentcy It wasn’t even half of what I spent over the last seven years Do I have to accept the settlement ? Oh and by the way they didn’t win the case the bank took a voluntary dismissal
Kent,
You NEVER Have to accept a ‘settlement’, however, You do need to keep in mind that IF You choose NOT to accept, You’re still on the hook (at least for the time being), for ALL that You already paid. IF getting HALF of that back is viewed as better than a sharp stick in the eye, on the day when we try to reconcile at least the Last Year (if not the last 7 in Your case?), it’s Totally Your Call? They (plaintiff’s counsel) MAY counter again w/a different offer, however even the COURTS don’t like when ‘legitimate’ settlements are refused and the Court is required to enter again in to the case to make determinations for the parties.
IF You had a gr8 Judge, perhaps You’ll get it all? If You had an unreasonable (aka former Bank Lawyer or former Bank EMPLOYEE) JUDGE, You may well walk away w/zip/nada/zilch shy an APPEAL on the issue?
I know it SUCKS (just went through almost the exact same thing w/a recent settlement where we accepted 1/6th of ACTUAL Losses for the last 5 years, & definitely not what EITHER Party was happy with, after a 6 hour mediation, however the alternative was at LEAST another 2 YEARS of continued litigation? I wanted it over apparently nearly as badly as they did…& they stroked a check for larger than any other this year statewide, so those bragging rights are also better than that ‘sharp stick in the eye’, whether now or later, and NOW is always better), but then again, You do realize You get to throw MORE Money in a Potential Hole when You decline the settlement offer, AND You get NOTHING until after the Court either Decides in Your Favor (which IS Likely since they voluntarily dismissed), however including an appeal if the Court didn’t go Your way, it’s another 1-1.5 years and tons MORE Fees to prevail at the appellate level? Do YOU really want to go there?
Again, I Can Relate (better than most) Right Now, & personally think a CHECK to start the new year versus a BILL isn’t a ‘sharp stick in the eye’. Remember that settlements aren’t about Your “Satisfaction”…as our mediator said: “Everybody leaves the mediation hating me….but it IS OVER, and while You think You deserved MORE, they think they should have paid LESS, and nobody’s happy, but afterward, ultimately, everybody’s glad it’s over, and it IS Over.” <–direct quote. 6 hours later, he was right. You can Always Use Your check to secure new counsel.
HTH,
Happy New Year,
-Mick
The bank took a voluntary dismissal without prejudice after almost 7 years We have filed a motion for attorney fees and cost back in October and my attorney just told me yesterday that they filed a motion to deny us. Now my attorney informs me that they are going to cease taking out my monthly payment. Not sure what that means
Could be withdrawing from case. Maybe he’s being bullied by bank. Would not surprise me.
Merry Christmas everybody!
merry christmas from florida 🙂
once a case is dismissed, you do not have to pay the lawyer again until the bank refiles for a new foreclosure. some folks pay a retainer then a monthly payment, and some folks pay One price for the entire year. just depends on the law firm. voluntary dismissal without prejudice means they can come back and file a new suit. what we need to all find are lawyers to counter sue the banks. would love a class action. i know does not pay alot but i feel with more individuals involved it has more teeth. i feel like each one of us alone fighting our own horrors is not getting anywhere. when cases are dismissed without prejudice whether granted by judge or voluntary that means the suit should not have been filed in the 1st place and we should be awarded lawyer fee’s
I agree
true, I called evan rosen, not taking on new clients. ice firm if you like the young and inexperienced. these foreclosure firms that have expanded since the crisis, I would be leary of. most want to drag it out to collect monthly fee(to pay for their firms expansion of employees and locations), meantime you the victim are getting deeper in the hole with the bank. I been fighting going on 7 yrs, 3 lousy lawyers that did absolutely nothing except help the bank to put me deeper in debt. the lawyers don’t want to do the real work that needs to be done. Forget the game of who owns the note and if you want to stay, pay. work out a plan if possible but as in my case maybe impossible. went to ice firm to get judgement reversed. I was told they could not do anything for me when it was more like they did not want to do anything for me. im just saying think about your situation before you get attorney involved. if you looking for stall then a lawyer is probable for you but if you want to stay and can get a REASONABLE payment plan from bank then you will be better off. Good Luck to all and Happy Holidays!
what about mark stopa http://www.stayinmyhome.com/
I’m in Sarasota. Evan Rosen has to heavy of a case load to take on any new clients
WEIDNER LAW
T 727.954.8752 | F 727.231.8008 | Email
A 250 Mirror Lake Drive N • St Petersburg FL 33701 | MAP
Tell them Bobbi Swann referred you.
Thanks Bobbi
I live in South Carolina and I may need a new attorney. Can anyone recommend someone
I am in Lake County Florida…. any recommendations for a LLawyer in the area that gets thing done and wins.
Look up Michael Waslick in Dade City Florida
I believe the firm is Ricardo Wasylik.
For my money the only people to trust in the sunshine state
There certainly are others, depending on Your location, however I’ll second Mike Wayslik, as he was sitting second chair at the Bartram Oral Arguments in front of the FLSC last month. Heard nothing but good about this guy.
Evan Rosen is pretty awesome (in Hollywood) and Thomas Ice in Miami as well. Have no professional relationship w/any of the 3 [yet].
HTH,
-Mick
I live in Florida and I may need a new attorney. Can anyone recommend someone
what judicial district are you in
Can I ask a stupid question??Why wont anyone get back to me on the procedure for actually printing the depo of Erica Seck?And do we log into this site??Im confused,,,is the passord I created for the paypal they made us use to but the membership??
Hello, Posting from San Diego California. Currently I am representing myself in San Diego Civil Superior Court. I was represented by 2 separate Attornney’s at different times. Our 1st attorney was dissbarred after filing our case, our 2nd attorney at his request was removed as councel due to me running out of funds and his office to small to go up againts a large law firm. This happened right before the trial. Our trial took place in January 2015, but my ability to perform on the day of trial due to my health. But we proceeded through the day. I did not submit my evidence although I have it. I have epilepsy and other neurological disorder and my thought process and ability to speak stopped. I am the Plainteff in the case and had been waiting for my day in court and I failed, sadly.
The case is still pending at “pre-Judgment” status. Defendants filed a Notice of Entry of Judgement or Order October 2, 2015. For attorney fees.
The case overview was for Foreclosure and eviction proceedings 1)breach of contract 2)fraud 3) wrongful foreclosure 4) identity theft 5)intentional infliction of emotional distress.
_____________________________
The day after trial the court had a “Minute Order” titled “Tentative Decision Following Bench Trail” Reads as follows:
At the conclusion of plaintiffs case in chief on the Jan 6, 2015 defendants made a motion for judgment pursuant to CCP section 631.8. A motion under section 631.8 is the bench trial analog of a motion under CCP section 581c(a) in a jury trial. Such a motion may only be granted if the court finds, after considering all the evidence presented by plaintiff, that plaintiff has not carried her burden of proof as to at least one element of each cause of action presented for decision. A motion under section 631.8 shortens the trial by dispensing with the need for the moving party to present evidence. Heap v. GeneralMotors Corp., 66 Cal. App. 3d 824, 829 (1977). In ruling on such a motion, the court is entitled to weigh the evidence, and may disbelieve witnesses. Greening v. General Air-Conditioning Corp., 233 Cal. App.2d 545, 550 (1965); Roth v. Parker, 57 Cal. App. 4th 542, 550 (1977). The court is also entitled to draw conclusions that are at odds with expert opinion. County of Ventura v. Marcus, 139 Cal. App. 3d 612, 617 (1983). A motionunder section 631.8 may be granted as to some, but not all, issues. Swanson v. Skiff, 92 Cal. App. 3d 805, 810 (1979). When the court grants such a motion, it must thereafter follow the procedures required by CCP section 642 and CRC 3.1590.
This is the courts tentative decision in accordance with CCP section 632 and CRC 3.1590. The tatntative decision will become the Statement of Decision (SOD) unless either party takes the steps called for in CRC 3.1590. In this event the court designates Defendants attorney to prompltly prepare the SOD. It must incorporate this tentative decision in Haec verba (although the SOD may go beyond the TD. Plaintiffs take nothing on the SAC.
__________________________
Presently, I have scheduled an Ex-Parte hearing with the Judge for Tues. Morning December 8th. I noticed this past week, after reading the tentitive decision hundreds of time over and over there is an administrative error of the date of the contract. It reads on March 2009, plaintiffs entered in to a written agreement with defendants to modify the 2nd mortgage. The correct date should read on MARCH 2010. Reflectiong the correct date would explain to the court why I was unaware of the foreclosue that took place May 7, 2010. Our modification agrement was signed notorized in March, returned to the 2nd lienholder 1st of April, and May 1st 2010 the modification went in to effect. We were blindsided when the 2nd lienholder foreclosed. Never did I live in my home for free, I paid the 2nd lienholder throughout the approval period and was current on my 1st loan. I was shocked.
Additionally, I want to be able to submitt my evidence to the court?
Thank you so much to everyone that takes time to read my post! This has been an eye opening experiance. I feel my case shold not be ignored due to technicality, as our court should partake in a game knowing I would fail horribly because of me reprensenting myself. There is definate bias in the court system to those of us without attorneys. Trust me I tried to find legal assistance but it is difficult for an attorney to step in, so late in the game.
Take care!
have to watch those dates Lisa, the further back they can date summons, anything to show that you appear to not have been paying for a longer period. It makes us the defendants look worse and more “deadbeat”. going thru that myself. Get your evidence in front of the judge asap. I am working on same.
Courts are mathamatical machines of sort…they follow what is presented to them and spit out a conclusion based on what they had in front of them…obviously you did not do a good enough job and withheld what evidence you had from the court…you must seek co mpetent licensed advice from someone who knows this judge and courthouse to decide what few options you may have…
If I were you, I’d try to reopen the matter and set aside the decision for cause… and try to get the court to rehear the matter on the grounds you have a handicap that the court did not take into consideration and you need more time to adequately have competent legal counsel appear for you.
Try to negotiate with the other side.
Republican spineless traitors at it again
https://theintercept.com/2015/12/01/congress-moves-again-to-block-investigation-of-congressional-insider-trading/
After loosing 2 homes to absolute fraud, the only way to put an end to all these fraudulent foreclosures is to demand that LOBBYING is put out of business because it’s bribery of all sorts of our public officials who are allowing the banks to steal our homes….if the illegal actions of bribery is to end, it must end with closing down K-Street in Washington. I believe with my entire heart and soul that if this were to happen immediately, EVERYTHING would change and Courts would do what they are supposed to be doing…protecting American citizens from fraud….it’s a better direction then continuing in this game plan of corrupt Attorney’s, Judges and court system…we can’t win if we play by their corrupt rules….try another direction with a petition to close down the illegal business of LOBBYING….just my thought this horrible morning after yet another shooting on American streets!!!
I want to post an article that I read today from NMP (National Mortgage Professional) that I found very irritating as to the ‘truth meter’ but you all can decide for your yourselves. The link is here: http://nationalmortgageprofessional.com/news/56701/hope-now-337000-non-foreclosure-solutions-q3
If you want to send your comments to the author, here’s his email address: philh@nmpmediacorp.com
Bobbi maybe solutions for some but my loan mod is 45% of my income with 150k on the backside they want to add to and when I sign be declared as principal. Not sustainable for me. I’m sure I will be one of those stats probably on the short sale end. I was told today that living without
Health insurance was less important than paying the mtg. Well if I agree to this mod I will soon be 6 foot under I don’t know where he got his stats from but they seem minimal
EXACTLY!! Hope Now is funded by Fannie & Freddie (surprise to some). For them to inflate such figures makes them look more and more like the Good Guys. Hope Now was supposed to help those in need under the threat of foreclosure – so do you see the how ridiculous that is?! Does anybody really think that Fannie & Freddie are going to support an agency to FIGHT AGAINST THEM? That’s why this article just made my blood boil as I know that most of this is just media hype. I urge anyone to read this article and let the author know YOUR statistics. You don’t need a microphone to be heard anymore!
Improving housing market. That’s a joke. I’ve noticed a slowdown lately don’t know if bc of the anticipation of rising int rates and prices climbing but both I’m sure another Obama facade to make him look good
yes agree hammertime, 1st mod said JPMC as successor to WAMU. never quite got that one! they really do not know which end is up. also saw a MERS corp signature on their financial affidavit of monies owed. definitely bogus looking paperwork, writing on both sides of paper, looked totally fabricated and the notary seal. I have seen several different seals for notaries in ohio, I question authenticity of financial affidavit. im sure the note was passed, only one endorsement though. also missing a couple of payments on their transaction record and I have proof of every payment I ever made to chase as whatever they are supposed to be.
Hi lms so u have them stumbling 4 different times so how do u know who is “Chase”? In court at least say purported lender called “Chase”. On each transfer, refi, server change is their a valid transaction? It’s important to be clear but if ur starting point is it IS a Chase loan OR even a loan they can keep stumbling and getting do overs. Chop off the head of the snake!
Hi Hammer yes I saw Garfields post today.working on deciphering it but still there is no proof of multiple proofs of ownership other than the different lender names they have modified me under 4 to date which is still a valid stand. they just cant get it together can they? I am going to make them stumble on their words. but first I have to make sure I don’t stumble on my own.
Great posts Trev, lms but too many people lost everything and didn’t get the girl this is a much bigger fight. For me it’s love and truth in Jesus’ name no matter what the end result. So u fight on or don’t with the truth
And here Garfield again gets down to the basics everyone needs to get. Lms this has ur name written all over it and can get u to quit calling ur loan a Chase loan.
https://livinglies.wordpress.com/2015/11/30/standing-is-not-a-multiple-choice-question/
ps… what is the anti-venom or magic elixir to this greed…angst…thievery? you ask…
LOVE.
don’t know what that is? watch Lawless…lots of love in that one.
pay special attention to the feed lot ‘i know who you are’ …scene
shia & his object of desire are in love…find someone or something to love like that…so nothing else even matters.
yes…falling in love w fairness…justice…equality….liberty…those will do juuuuust fine. pickin’ up what i am layin’ down???
yes Trev, my mom always said the same about the lord. im fresh as a daisy and can prove it.
the Lord & his angels….’they’ work in mysterious ways…you are exactly where you need to be… repeat….you are exactly where you need to be.
guilt…its like the skunk smell…even a little on ya…and ppppeeew…stay pure…look around…the good guys/gal win…the honest ones…the cheats get hung…hang em high….let em swing….in law enforcement ideology….we call it deterent theory. the ol skull on pole warning….very effective. sun tzu
you know trev, those that are sworn to uphold the law, not manipulate mind you. the python needs to swallow them whole. I really don’t see how they live with themselves, taught one way but live the complete opposite. I would not want to be in their python trailing shoes for anything. I guess that explains some of the jumpers, I would not want to live with myself either. we hanging strong Trev because we got the truth.
lms… i hear you LOUD n clear… I have answered nature’s call in Tanzania….in the very rugged bush…w lions roaring…not a zoo mind you…and just the thought of a 16′ black mamba travelling 35 mph on 1/3 of its body….just to tell me i’m now ‘ON’ the food chain….it was a very fast P…. i ‘get it’.
pythons in the courts….perfect visual. get in…get awarded…get out!!!
here’s the deal….. there was an intervention in the dark ones’ BIG agenda…. think of it like this….at just the split second that ‘satan & his minions’ thought they had it in the bag….it went through the bottom of the net….tore a whole the size of rhode island in it…. nearly gave the Pope a ♡ attack….and knocked humanity on its arse….. some dark ones have gotten up….most will never….they’re done….dark HATES light…..
think of Oz…’I’m meltinggg…..’ & that ‘they’ are. amen. Not a day too soon.
With that said….there will be no ww iii….no FEMA camps…. no American Holocaust….I know it f.e.e.l.s otherwise but stand strong….remain ultra vigilant….we have help from above….litterally. hold on!!! keep the faith as Billy Joel might say.
FL….ah yes….another Rep. snake infested ‘thou art worthless lest you have millions and look…drive….make deposits…like us States’….I know the type (s) far too well….
ID…its missing-a-few-helix proteins cousin…
Those robbing you et al…. will be held to atone…that much is real….foreseeable and worth mentioning. When…how much…which court….those are not entirely known….in the works. Use CFPB for reporting….papertrail….etc…. file Qui Tam… remove the attorney X factor…. they all suck…too much ego…too unpredictable.
Many Judges & Law Enforcement Elite….bless their overburdened souls…are starting to ‘come to’….and you will see a war for justice mounting….the snake….to use your metaphor has begun to eat its own tail….let it. Good ones will fight for the light soon….once it s
i
N
k
s
in…
You….stay optimistic….informed…aware…find your path out of hell w a settlement amount that will allow you a fresh start….FL in 5-10 years will be a reef….so the joke is actually on the corrupt Corps. The Blackstone Groups or whomever…..their stolen goods will be sunk like lost treasure by tide shifts sooner than you are being told….and that too is by design. So plan on an exodus but get paid first….then exit stage left….
Good Luck x3…you’re not alone and no….the dark ones never go wo a fight….and oh boy…they got one coming…. they brought it upon themselves. The Big Bully got his horns handed to him….just before being tossed from the rooftop. Splat. No tears from me….maybe i did it…maybe i didn’t….????
Enjoy the show….if you’re still standing (and you are) you’re a winner in my book.
All the best….-Trev
CFPB a front for Obuma, no justice here either.
Hi Trev, I am in 80-90 degrees of hell florida, would trade for the cold in a minute, pythons larger than life here and in the courts too, mosquitoes sneak and bite you all year long, much like the court system here, corruptness abounds here. the devil is taking over everywhere
amen trev.
Yes keep making complaints and would be good to see what Trevor has w CFPB. The timing is now to put the pressure on. I’m putting together way to bring info on cases like ours and coordinate complaints and possible campaigns. Again whether they respond or not let’s get them on the record and not let them use us when thry say they’re against Wall St and for Main St bs.
CFPB…. Dennis K…. Elizabeth W…. two indiv. I respect…. from afar. I say this bc. Ws I type this I to be clear…I am not mad at them….I am however VERY disappointed in their approach to ‘settlement’. I do not think my expectations were too high….if anything…they were too low. Here’s the skieewnny….
CFPB throws around massive judgment figures…. $100m here… $2.125b there…they sound so serious on the phone….’you have ONE chance to claim w us…..is your file complete….blah…blah’.
They are SUPER at process….but when you go through it….they are NOT there to make you whole….hardly. And for me….I waited years for them…so the letdown sucked. Think antartica….you hear supplies & icebreaker are coming….you hold on…hold out….the what arrives is a can of soup and a photo of an ice breaker….more of another slap in the face than anything else….another WASTE of an opportunity to get it right…..like if the cops chasing the crooks who just robbed you of house n home….not robbed your house..no….STOLE…the whole gd house n the equity you had in it….as if those law enforcement personell had squirt guns….like watching them in a shootout w squirtguns…
CFPB led me to believe they were formed to make crime victims whole…..hardly the case Ocwen’s $125 million in penalties ÷ 400,000 crime victims…well….i was fighting for $350 or a mobths worth of groceries….
To hell w them… I lost $350,000 and my neighbors (whom I adored)…my community…my credit….my safety….my dog’s safety…nearly 10 yrs of stress….
Fraud is fraud…so now I am going after Ocwen’s CEO + BoD…. w a limited CA…100 max… I am foreclosing on them…
Karma is circular. Want more play-by-play? Reach out 208.703.9525 mst.
or trevor.hitchin@gmail.com
Yeah….read the fine print….
huge figues ÷ huge figures = tiny figures.
Figures. I’m going Qui Tam…. straight to the ♡ of the FRAUD ON THE COURTS.
Boise should be listed as #1 city for corruption & fraud… the Mayor’s brother was my judge in my other loss….Christopher Bieter.. . . the deadbeat didn’t even show to Court. … !!!
Awarded FretLife Summary Judgement…..I helped take them out…w help from Dept. of Comptroller….out of Texas.
Now I have to report the db Judge & the sleazy female attorney MetLife hired to molest our Courts….to FBI….DoJ….Idaho Bar. Bar Council…. I’d rather be bird hunting w my father & Ithaca…. total time suck…. just like the FRAUD Mayor Bieter & his Brother allow…. stay tuned…. my team will chew up this filth…will be victorious….will do it w truth & style….so that IT WILL NEVER HAPPEN AGAIN to anyone in Idaho…. they will be brought to the light so to speak.
If you are going to rob/rape someone….it may help to know exactly WHO you are stealing from. My team….ww….ooooooh….they are v. V. angry w the corruption in Boise….Mormons are not used to being called out. . . Catholics either for that matter.
I am neither…..just a believer….a believer in truth & justice……you know….
‘The American Way’.
Our last Mayor went to jail. It may happen again. …. who knows. Rotten I tell ya….
Hope this helps connect some *not all* of the . . . . . . s
17′ degrees in hell….as I send this.
brrrrrr.
¡todos!
CPWBTDHK
777
….and sorry for the typos…no feeling in my fingertips….typing on a phone…the pain meter is high today….very upsetting topic.
cfpb…. waste of high hopes.
Peace all. Still my trailer *rental* is warm n dry.. plenty to be thankful for. plenty!
lms… no. As of today I have lost all confidence in cfpb… waited years…weak cavalry….worthless…spineless…gummers…i need fangs at this point…so follow my tweets ‘Indigobro’.
I have invited others to join….limited class action (100) and will wait for anyone who wants to join….Idaho Courts are ROTTEN…so it is my hope my ‘Qui Tam’ claims…. will ring some bells here, there, everywhere…
MetLife Home Loans CA #1
Ocwen + predecessors CA#2
(Am home mort…. Homward…Ocwen)
also invited MKULTRA survivors into a third limited CA#3…
It is my hope this will protect us from sleazy db lawyers….and will stab the ♡ of this hydra beast…. 1nce&4ALL… or for 100 of us at least.
Targeting May 1 for filing in Ada County w DoJ & FBI copied on everything.
If they don’t ‘get it’ by then….they never will… god help us all at that point.
I’ve done my part & then some….& then some more…. nobody likes a quitter. 😉
Peace!
To US!!!!
Werewolves Of London: http://youtu.be/iDpYBT0XyvA
My case has been voluntary dismissal but I know they are going to refile. Now if the FSC won’t let them restart the statue of limitations they can’t refile I guess it will be a couple of months before we know on that ruling
trev, have you filed a claim?
I am speaking to my congress person. I am going to let her know that this foreclosure crisis is far from over and let her know about my personal dealings with the bank. don’t know if it will do any good.
I cant believe the judge keeps letting them reset hearing. obviously they cannot prove ownership. I would motion to dismiss, its enough already. these courts are just determined to give them multiple chances to steal the home. on the affidavit of amts due and owing, it is checked that chase is the servicer and holds the note, yet they want to claim fannie mae is holder
Two things about that. The AG in Florida negotiated a nice settlement for the state and if she were to try and help us little guys it further her political career
why would a MERS person sign the affidavit of amts due an owing if there is no evidence that MERS had anything to do with the loan. anyone ever seen what a ohio notary seal looks like. I don’t believe this Kimberly mcclanethan was authorized to sign.
Yeah Hammer I agree. I believe that when Ronald Wolfe was acquired by Brock and Scott that they reviewed my case and wanted nothing to do with and they dismissed it. However Chase has now Hired Shapiro and Fishman. About 2 weeks ago I got a debt validation letter from the and told me I had 30 days to respond. My old case was reopened. Y my attorney to get legal fees and cost reimbursement to me. So if they had done their homework before they sent that letter they would know they can’t do anything til all pending motions have been ruled on
I never heard of JPMC specialty. that’s a new one, but they are under the same umbrella. but don’t know anything about corporations. seems if the note was assigned to someone else, they should be the one initiating the fc. what does the judge say so far about the dates and the owner of note/mtg
We had 2 trial dates set this past Nune and was cancelled They have also claimed they could provide the original note at anytime which they can’t. They didn’t attach an alonge with the complaint or any transfer of instrument to prove standing either There are so many holes in my case that I understand why this hasent been put to rest
Yeah Chase claims my note was lost or destroyed anywhere from 2006-2009. 2009 is when they got an assignement from Citibank. My foreclosure suit started in May of 2009 filed by JPMC SPECIALTY MORTGAGE LLC. JPMC didn’t have an assignment til November of 2009 They claim it’s the same company but if you know anything about corporations JPMC is t the same company as Chase. I’m reasonably sure Chase is an s corporation
that’s right hammer, so they could further steal our property rights. AG in fl not very helpful. go to her website about mortgage fraud and it says beware of people trying to commit fraud to help you with your home, big whoop. never talks about the too big to fail banks. they are the worst ones.
The Republican Congress and corporate Democrats didn’t want any regulation or settlements so the AGs had to fight to allow us private action on guidelines violations. So u or ur lawyers have to make the case. Did u state violations and were ignored? Could be another mark against judge, court. I’m being railroaded, fighting bias as I’ve submitted multiple estimates, requests gone through multiple inspections while tenants were turned against me and funds not released so I could stabilize and move forward. So this is all gravy! At same time fighting Chase /PennyMac w one hand.
that’s the thing, shouldn’t these settlements, class actions, and whatever else we have been a part of and believe me I have been a part of them all. should they not trump the local court. chase clearly breached me and there was a class action with 5-7 states involved but it has never been brought up to the judge in the local court. it actually helps to prove my case and I fully intend to use it.
Hammertime, get your own guy out there to evaluate roof and make sure he is licensed. estimates are free. get as many estimates as you can and take the best 3 to court to show they are just bullying you.
Kent thats the kind of thing homeowners don’t react to or demand accountability like w settlements. The best example of using banks own admission was former FDIC I think employee lawsuit, Mains? re action WaMu possibly Chase.
When ur business is destroyed, credit and they take away only income left property condition becomes their excuse. But we do have rights abd their admissions on settlements. Ur right though I’m documenting their manipulation and guy told me there was just minor patch work and tenant actually joined in and asked why they needed to replace whole roof since there were no leaks. These guys are beyond arrogant and think law doesn’t apply to them. Even if they have everybody fooled and bought off.
heard that to Kent, but in my case I believe chase never sold it off period, they use fannie mae as a front to hide their bad dealings . fannie mae is a cover up for the big banks so they don’t have to prove ownership because they have destroyed the paperwork
I read on the Internet that Feds made the banks buy back a lo of Fanny Mae and Mac loans because they were bad debts
the one thing is to keep the property in a livable condition that way it gives them no reason to enter on the property. my neighbors have no trespassing signs all on their property and the one next door that got foreclosed on and they keep the properties immaculate. they obviously want to keep from being further served I know they are dealing with BOA scumbags. every mtg says the property must be maintained along with all the required insurances to bankrupt u further. sounds like they are just bullying as usual. what exactly is wrong with the roof. is it leaking and causing interior damage then it has to be repaired and they will stick you with the bill but if there is nothing really wrong , then they are harassing you. fannie mae/reo people that work on these foreclosed properties are just little people trying to make a buck. they don’t know anything, but sounds like the msg. got thru to pennymac so lay low and see what happens next. if more of those workers show up you can scare them away with a big BOO!
I’m living the nightmare with PennyMac, investors, local gov’t and side of criminal court to go with it! Last week tenants told me the “bank” was sending people to tear roof off and replace without telling me. I put out trespassing and unauthorized repairs sign. Looked like they didn’t show. Yesterday I get home and there’s a guy on the roof. I take pictures and ask him to come. I tell him he’s trespassing and to explain what he’s doing. He has no documentation and plain white van. He’s apologetic thoigh and said he wasn’t told anything. On the other hand he said contractor did show up but didn’t go forward and when they told PennyMac they were fired.
if the judge had power, maybe they would do the right thing, the judges are puppets on a string. if the chief judge allows the fraud to continue in their circuit then it is obviously much higher. contempt is a scary thing yes and the quickest way to shut the truth up. I don’t know who u r speaking about but all I know is under my house is a bunch of sand and dead lizards
He had to stop me because the fraud was staring him right in the face. 2 completely different signatures it was a blatant forgery. Also the document was so fake a child would see it. They basically forged it put the papers in the sun for a few days probably palm harbor fl then stapled it over and over. It was to intimidate me or a crack would be exposed and all you guys would have had a precedent to use in your cases and he would be the idiot down at the lodge that that screwed it up and he shut it down and my lawyer did nothing it was a game of squeeze this guy out it was me vs my lawyer, the judge, chases lawyer. If I peeped He would have gave me contempt. The power a guy in a robe has is astounding and unfair. Sit up there like big fat cat kings, rise everyone. How is that not retarded what guy is not gonna be filled with ego.
On the digging wasnt the guy the other day saying something about they wanted what was underground his house boise or something, wtf?
Pal very interested in your theory. why would the judge threaten you in court like that? I think I am dead on with Blackstone and Chase. everyone who has bought foreclosure on my street has only made the house look worse. stacks of brick in front of one house, another lady bought and had some yahoos dig up her plumbing in the back yard. they must have went 5 ft down digging and came up with no pipes (though plumbing problem), pulled no permits to do the work and now those yahoos disappeared weeks ago and all is left is 25’x30′ holes on each side of the house. Its an accident waiting to happen. and nobody is doing anything about it.
and Blackstone and Chase have several rentals around the immediate area. they bought 3 on my short little street alone. there are only 8 houses on each side of my street from top to bottom.
Ur welcome lol! Yes will be nice once we end this and can celebrate!
Wow Hammertime. Light went off. Great ideas popped into my head. Bless you. I really hope we can meet each other face to face. One day soon
Lms then did u already sign?
Lms I’m saying what may be possible as to TILA. If they don’t respond within 20 days note is void. If the loan mod offer is invalid grounds to dismiss/vacate? Or make strong counter as an answer or motion and u have them on the record. But u gotta question not just the offer but standing and debt. They may have opened the door for u. Could be real interesting. Brainstorming here.
Make counter offer stipulating they verify debt, standing.
If they can’t then dismiss judgment.
Or given new evidence submit notice of rescission within case or wait until case dismissed if no sale within 20 days.
But check w lawyer or verify as we are saying.
Do I have any recourse. They attached the trial agreement to the court file.
You need to check case law
Hammer. They filed paperwork in court showing I was in trial mod. So yes.
Loan mods are considered confidential. negotiations and should never had been sent to the court
Hammer r u saying I should do Tila rescission. Don’t follow.
Pal. Not quite sure what u mean we r being watched. I just know blackstone group is all up in this area and chase is holding their note. That is what I suspect. They want to scoop up my place to securitize the rental income because these properties rent for up to 2500 where I’m at. In Florida non homestead property brings more tax revenue for local and state govt. and then u have the smaller investors. What exactly r u referring to? Also my dog got real sick and died. Not quite sure what happened there but now the others stay in house all day. I don’t let out unless I am home.
Did they make loan mod offer within court?
Lms then sounds to me like u have no reliable evidence of a valid transaction or in TILA terms NO CONSUMMATION if it applies per TILA requirements and procedures. If you can do so within current case context or get out of it somehow and there is no sale within 20 days this could be ur window. If u send notice u will have flipped the tables and they have to go to court and prove standing and debt per my understanding not legal advice. Think it through but don’t let them dictate or off the hook.
Yes. I want to counter but not sure if I counter with bank directly or thru court. Never know who u r dealing with at bank or court either for that matter. Not sure if result would be better or worse depending on which way I negotiated
Hammer. The only recorded doc in public records is the mtg. No assignment of ownership to anyone else but since judgement. They filed assignment of right to bid to Fannie. Now they r giving loan mod under chase as lender. If there are others involved and I suspect there are but it is not disclosed anywhere in public records in the county? Where else would I look.
Lms id say u need to go back as far as possible to get a handle where Chase inserted itself and demand proof of valid transaction per the settlement guidelines. Like I said compare what’s in county records, your documents, MERS etc which u can do on ur own or with tools I’m putting together w trial group. I need to nail down court options or counter offer to loan mod offer. In counter offer u can force them to address and/or put them on the record!
Meant u need on court options
Yes Kent incompetent is the word for Albertelli. I don’t think they understand any of the papers they file with the court let alone what belongs in the right file. Is that grounds to go back to judge. If not it should be because if nothing is ever said the wrong papers will stay there 4 ever because I’m sure once they have judgement on a file they will not backtrack it unless they r forced to.
Hammertime. Yes I believe I have new evidence. I think I am out of the timeframe for Tila rescission plus there are numerous errors in the paperwork in my file. They claim a loan was made with some bank I never heard of.
I couldn’t believe what I was seeing at first then every time I questioned anything their “responses” got worse and worse. I had the chance to challenge and not acknowledge them from day 1 and then after 1st and only lawyer on false offer. On the flip side u can’t acknowledge the default in court and give judge no choice. Those trapped need to find new discovery or revive TILA rescission or other defense imo. Garfield, jurisdictionary and other legal aid advise on way to present in court and allow judge to make conclusions.
Understand Kent. U can’t go accusing unless u have the proof. But as many loan mods they have reneged on in different lender names and now they r back to chase. Something is rotten in Denmark.
You can guarantee yourself if Chase us involved there is something rotten. Have you ever noticed they use the worst attorneys they can to fight us ?
Hammer you would split your sides if you look at my case and docs
understand Hammer, I guess that means, I need to do a written request for the PSA if one exist. Its hard to go back in after they got judgement, but maybe worth it. the first loan mod they reneged claimed that Chase was successor in interest to WAMU, the second loan mod was Chase Home Finance, LLC so I know there is something real screwy with my paperwork. They never wanted to honor the two loan mods they reneged on for a reason. they also hid the first one from the courts so that maybe my saving grace of new evidence of fraud to go to the court wth to force them to give me a reasonable loan mod or else. Im not sure how judge would react once they have judgement though. don’t know if fed. court would be better. I can get help in the fed court where the cty court here would probably throw me out.
As attorney Rosen said never bring up fraud in court let the judge do that. If your case is strong they have no choice but to rule in your favor. I like you have been fighting Chase for seven years. Now this will be the third Lawfirm representing them
Pal ur exactly right on land records. The cancer has spread to real estate “professionals” , investors from small to corporate. A couple of years back I looked in my area and tgere was a property that stuck out like a sore thumb. It was listed as an llc and had about $6 mil balance on $500k property. I raised this as an issue w local officials but they played dumb or it was over their head. I looked in lms area and it looks like properties have a bad case of MERS. NEWER filings that look like part of overall cover up. There’s a movement to audit property records at city and county level so this isn’t the time to give up even if uve lost ur home.
I had a house next to me that was foreclosed and the lady had BOA as servicer and I looked on public record and saw one of those MERS doc recorded. I did not check the date but I could swear that was files after the foreclosure. I only have chase mtg doc files with my county, no body else, no other deeds or assignments, nothing. that’s why chase has always been the holder and everything else. there has never been any evidence that I was part of a trust but Chase has strung me along for 5 years claiming the investor has to decide. if I were to let my house go, I just wonder what fictitious docs besides the ones the courts add in would pop up in public records and to look at this loan mod I got, it show chase again as the lender and the notary for chase’s signature appears to be in Michigan. I was told it would be recorded but I have my doubt and if the 175k they added on the back end is for servicer advances, they can shove that 175k up their a** and then once you sign the 175k becomes principal of the loan, what a maroon.
Ok that is where u can make a breakthrough. The bankster and real estate people want you to believe that whatever is filed w county is all that matters. Whenever u say it was always a Chase loan is exactly what they want u to think. They used exact wording w me althoigh their people were referring to my loan as a WaMu loan! Then I saw that MERS had old loan as active w different investor / servicer 3 yrs after closing! If there’s fraud involved the point is we DON’T KNOW which is why you don’t acknowledge pretender lender or bogus debt if u have no PROOF of their claims besides fraudulent filings w county and everywhere else. No matter what u know u need to look everywhere the “lender ‘ or “servicer ” COULD BE listed. If there’s any possibility of multiple claims or fraudulent transfers etc there’s ur cloud on title and u can tell Chase to stuff the whole fake loan.
What will be recorded on property record after all is said and done is fannie will own the home. Our good old government owns our homes. Maybe some syrian refugees will be living in it soon. I keep planting seeds in the conspiracy direction because I think the guy the other day said it, it seems they targeted us for some reason wether it was clouded MERS homes with clouded titles and they jumped ahead of it or some other sinister crazy plot to steal our homes I understand greed and power its in everything but my gut is kicked that this is much bigger secret group with a much bigger overall mission. Sleep on some of the small nuances of all your situations, like I stated who the f#%! Takes helocs and refinances over and over every month for years look around your block and you will know who knows something. By the way look now after this all hit none of them refinanced again since. If you look at who these people are they will always be tied to a person in the know usually all government employees or members of some local lodge if not a secret club. Find just one of these people in foreclosure you cannot, no connected person to the KNOW is affected period. These are the ones now scooping in for further vulture kill or be killed and investing in the carcasses.
as my judge hit the gavel I yelled I would like to speak and have my day in court. The judged looked not at me and my wife who have suffered years to get to that moment, he quickly veered over and said to my lawyer I want you to listen to me if you allow them to speak I am warning you they could fall into “unintended consequences” my lawyer shit his pants and waived my right to speak.
i knew that moment its all lies, everything we as americans were raised to believe work hard, do the right thing, justice, the american dream, the system is pure 100% corruption.
If you have the heart by all means fight. But we realized quickly how bad it is. As hard as it is to let it go for Justice sake. The major issue is you dont have a chance its like a lottery that could only be if some major press in your case could get out but that wont happen press wont say a peep their owned.
The emotional soul toll wraps you up in their clutches and they are well aware of your pain and know its to their benefit to drag you around for years if they have to they may even literally feed on it.
I want to cheer lead every single effort you make and high five your battle victories. If I was your brother I would tell you however its fixed dummy! They are all in on it! Like we were saying with Trev the other day judge, lawyer, realtor its a big show. If everyone starts to look under the veil mostly all foreclosures do not happen to certain people right in your neighborhood furthermore Ready!
Search your towns land records and look at “certain” peoples past documents one after another every few months heloc, refinance over and over these are people that do not need a heloc to refinish basement, pools. These my friends are the ones near you that are in on it and stay far away from them they are waiting seeking to devour you and your family. It is not for fixing up the house its money laundering and its how they get paid for being foot soldiers gnashing of teeth. I have seen this go on too many times people kept fighting trying to go after the judges bond, the whole sui juris thing, complain bar lawyers. Get a tiny house and a tiny job low overhead and enjoy freedom while it lasts live just outside their matrix as much as possible. Save the toll, soul get to peace and love thanksgiving wait for the day of justice it feels like its coming soon!
pal, this generation needs to leave the electronics alone and wake up to what is really going on here, Americans are losing their property rights, one of the most sacred things that make America great. these kids are saddled in debt, student loans, etc. I have seen so many newly built apartment complexes go up in my area because people either cant afford to buy or do not want to. Black Friday makes me sick, people getting in more debt. I have never ever lived beyond my means yet Chase is trying to blame me for their BS. Yes it does appear to be a losing battle in the courts because the entire govt system is reaping benefits from the fraud, but for now we have to do to know we did all we could and none of us should settle for less even though the deck is stacked against us.
Amen, I had one of the most open and shut cases I win, nope. They shut it, everyone of them everytime. I screamed from mountain but your pushed further in weeds until your suffocated.
You are so right we have let them own us long ago. Just think of the snake oil salesman. See this 10k worth of 2×4’s we will build you shelter with it on that land right over there its high demand walmarts a few blocks and every jones family wants to be here. But, you will have to pay 300,000k plus our vig/interest because were the bankers. I know you cant afford it so I will own you over 30 years of your toil and it will be totally worth it cause you will pay me 1million by the time your sixty. Sound good? Ok and also this tax guy here you need to pay annually for the land as well and our rates not fixed so every year of the 30 years we will raise that its not fixed rate. Ok and this insurance guy pay him to protect our interest in the home you own. Ok and this guy is land use board if you need a fence or want a pool on your owned land you need permission to use said land and a lawyer to get a variance. Ok and if bills are tight paying and you need xmas gifts this guy will give you a plastic card like your mortgage so your kids and you can still get what all the jones have or want displayed on our HD commercials. Ok and dont speed to get it cause our men in blue will hide behind trees in a 25mph zone just by walmart as your rushing to work to pay us and hand you a bill but dont fret they take credit cards now, and on and on andon and on. Ahhh home ownership the american investment, listen heres a bone all that interest its tax deductible its good debt. How dumb are we to have let this go on!
Well said. It’s called the American way Aka the credit trap
yes pal and kent, and I would like to see more places besides the inside of a house that I will be enslaved to way beyond my death. unbelievable the loan mod, deeper in the hole! maybe I should give the new generation more credit. they know something we don’t about home ownership. the banks make it a drag on finances. as the state of Mass. says “LIVE FREE OF DIE” or that might be Maine, anyway I like it and am going to live the rest of my life by it.
I recently saw where a guy was running for state representive here in Florida and asked him 4 times what was his plans on the bank foreclosure frauds commited here in Florida and he ignores my question Obviousley something he doesn’t care about. Our attorney general Pam Bondi could care less as well since it won’t her climb the ladder if her political career However she negotiated a really good for the state with the banks but didn’t help one single homeowner
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
I agree w most of ur specific recommendations Mick but lms and i have been fighting Chase for years. Hopefully she has done what we’ve recommended here. Like u said all she needs is one violation or breach which we all layers on top of layers BUT THEY ARE IGNORED DUE TO BIAS AGAINST US! No report is going to change that while some lawyers now offer free analysis. I believe LMS has hired lawyers in past and they prob abused her ans broke the law. We have to keep engaging and involve officials tgat aren’t doing their job.
I agree w Bobbie as well but we do have laws and agreements but tgey are NOT ENFORCED. That’s it’s not just about saving homes which imo was Occupys mistake or as here in LA tgey got their compromise ie “sold out?” And went home.
We don’t need to get into 100 yr old agendas and quit following individual agendas. We need to focus on facts and the deprivation of our properties and other rights as a group.
agree with you Bobbi and Hammer, will not change anytime soon. obuma in bed with bankers. the dems side with banksters. Hammer, had cronie attorneys who sided with banks attnys. never brought up the pertinent facts about the breach. my only hope now is go back to get judgement vacated on grounds of items that were not part of discovery which I have, the bank’s attorneys misfilings of papers that did not even pertain to my case, ex.some loan that I never had with a bank I never heard of, and they hid the breach loan mod from the court. any other suggestions are welcome. I could take loan mod they have offered me and get judgement vacated that way and then go after them later. I am so confused. I do not want to sign the loan mod. is it true what mick said that I would be forfeiting my rights for a re-hearing in florida?????
Lms weird don’t see ur post I’m replying to but as we talked on the phone u must review what u sign if there’s any such language waiving ur rights. Banks are already doing that w TILA rescission. You have the right to make a counter offer and demands re ur concerns. Even if ur officials are Obama haters or lovers u need to get them in the loop. We have to be independent and most of us fighting are one step away from streets or on the streets or our cars and not concerned w the rhetoric of dem/rep or deadbeat/free house. It seems that’s ur main stumbling block.
Mick, we are on the same page I think. already contemplating vacating judgement based fl. statute. on everything mentioned in your comments, more than 1 material fact issue not addressed that was left hanging. new loan mod stills show chase as the lender yet they claim fannie mae is owner/investor. there are no new deeds, quit claimed or otherwise. I believe chase has always held the note as well as mortgage and if not why are they giving me new loan mod under their name. I think they are counting on me signing loan mod and I will go away, but I have already contested the loan mod docs thru the bank for now while I figure out what motion to file. im sure albertelli will be back in there soon enough pushing foreclosure sale.
Mick. Chase reneged on 2 loan mods and I was part of a class action where they were sued for breach. That class action went on for 4 years and the bank dragged me like a rag doll. All I wanted to do is get a reasonable payment and move forward meantime I got slammed into foreclosure in 2012 and judgment in March this year the complaint was wrong saying I did not make a payment since 2009 when I was in a loan mod. I don’t know if it is too late or not but I feel if I don’t take loan mod. They will just push sale.
LMS, the key words are the first 5. THEY reneg’ed. They Reneged because they COULDN’T enter in to the mod. contract because they likely no longer were Either Owner or Holder of the Note (keeping in mind that SERVICERS don’t have authority over agreement on modifications any more than FC’s). They were sued for breach (far more than once) because, again, they were ‘negotiating’ (not really, but YOU thought so), when they no longer had authority to do so after having SOLD the Note[s]. All You need is one single solitary ISSUE to challenge, to file a motion for rehearing, (expires after 1 year…at least in Florida) and where I’d start looking is the CLERK OF COURT’s PUBLIC RECORDS! You likely have MULTIPLE Quit Claim Deeds already recorded against the property, trying to clear up the CLUSTER they created w/”final summary judgment”(which NEVER should have been granted in the 1st place…NO Question of material fact can remain unsettled for FSJ Order to be Granted), because they brought or completed the action w/o standing. Chase sold nearly 97% of all notes to REMICS via MBS, and they were PAID for Your note, there and then.
Stating in a complaint that ANY Payment missed that was PAID is grounds for re-hearing. You shouldn’t take the mod. as it’s a way for them to cover their tracks. DO YOU THINK THEY’D EVEN BE OFFERING YOU A MOD. IF they Had Grounds to SELL Already? Guess again, YOU and Your Stuff would be ON THE CURB…back in JUNE! There ARE (not ‘were’) MAJOR Problems w/Your/THEIR Documentation; the fact[s] that:
1-You’re still there, and
2-They Are Trying to do a ‘mod.’ (which likely they STILL don’t have authority to “DO”), and
3-They HAVEN’T Moved forward w/SALE Procedures,
ALL prove the point.
You NEED to either look yourself, or have a professional LOOK at everything in Your file of everything they or the court mailed You…because LMS, there Are Problems, holes in their case big enough for Mack Trucks to drive through; or You’d be typing to us via the wi-fi at a hotel/apartment/McDonalds after having already BEEN displaced. They don’t ‘allow You to remain as an act of good will….<–Banks don't know the meaning of those last 2 words.
Steps to take:
1-Collect ALL Your mailings from them, the Court, any attorneys involved on Your or the C/A Suit's parts.
2-Sit down and put them in 2 stacks (YOUR action in 1, the C/A in another)
3-Chronicle Everything in Yours by DATE, oldest to newest. NUMBER THE PAGES from 1through the end. Get a big alligator clip and remove ALL the Staples. Clip the Pile.
4-Find a friend or neighbor who has a good SCANNER(which does a min. of 30 pages at a time) [Note:Don't take Your monster REAMS of document[s] to Staples/OMax/Off.Depot as they all now charge $.50+/-PER PAGE to scan to a zip/flash/thumb/SD drive and that's insane. Just paid $187.+ to do 1 'on the road' away fm. MY Scanner this morning. Don't waste money if You can avoid it. Find a friend, dedicate an hour and get it done. Once You HAVE it done, anyone You trust to help You can download it in less than a minute, OR]
5-Take Your document to them and SCAN it to a (preferably YOUR) computer, SD or Thumb/zip/flash drive AND:
6-Upload it to an online hosting website (like dropbox), then reach out to either professional FC Document Examiner[s] (of which I'm 1, but only for FLORIDA…no other state), or ideally A Lawyer, or Paralegal and give them some time to go over EVERY PAGE. Once they've FOUND the reason[s] You're STILL in Your House, You need to file that Motion for Re-Hearing, because 'newly discovered evidence', fraud, fraud on the court, and/or errors & omissions are all grounds for rehearing, in nearly every state.
I AM NOT A LAWYER, never played 1 on tv or radio, am not giving You legal advice and HIGHLY Suggest You do Your own research and secure a competent Attorney who SPECIALIZES in FC Defense, as I assure You…something is rotten in Denmark [read=YOUR Bank's Documentation, regardless of what the COURT RULED!] and it's there in bold faced type, however they know their hands are tied and A MOD. is their only way to have You waive Your right[s] TO that RE-Hearing!
Simply put, CHASE took bailout money. They AGREED in that 'gift'(of our grandkids TAXES being unfathomable) to reduce principal and REAL Mods to correct former error. They've SETTLED Many Of those C/A Suits over failure to adhere to the LAW, both state & federal.
Promissory Notes, are exactly the same as Written and Signed CHECKS. Once 'endorsed', in Blank, they are checks, made out to: "Pay to the order of CA$H", meaning the HOLDER owns Your purported 'debt'. When they SOLD Your note, could THEY be paid more than ONCE for that 'check'? Well? Does ANY Check remain 'redeemable' for any FORMER holder of IT? Did they not ALL get paid when SELLING IT to the next 'holder'?
Why would YOU as a purported signor of that now 'negotiable' (AND NEGOTIATED…meaning already SOLD) instrument, allege YOUR Further financial responsibility to somebody You — USED TO OWE, but no longer do, because they ALREADY GOT PAID?
That's what a mod. will get You…confession AIN'T good for the soul in this case…it's suicidal instead. Don't give away Your rights without knowing what they were…FIND out out how bad they messed this up, FIRST!
Shutting up now because I just keep getting further behind every time I get a new email posting from here! <–I know, shame on me, however there's only so much to go around and running out of 'me' stinks.
hth,
-mick
I think plan of action should be breach of loan mod. they also did a good job of keeping it hid from the court until they got judgement. I have EVERYTHING to show I was in loan mod, all cashiers check payments for months until they reneged, kept paying them waiting to see loan mod recorded in county, then they made some lame excuse and wanted me to go thru process again. I have proved to them over and over that I can pay but they don’t want me to.
mick, I would like to speak to you, is that possible?
I never did and never will understand why homeowner’s enter a loan modification. If any lender could (legally) do a loan modification they would do so wherein the paperwork would be properly signed, notarized and RECORDED. Noe of the loan mods that I’ve heard about or witnessed on my own, have ever been recorded. Mick is so hitting the nail-on-the-head. These bankstas don’t own the note and mortgage and servicing agents don’t have the authority to modify. Besides, clearly 80% of all mortgages are bundled up and sold in Trusts or REITS which makes it nearly impossible to do a loan modification since ALL owners of the Trust would have to sign as the “owners” of the note and mortgage. These loan mods were just a ruse to get more money (extortion) out of borrowers. They’re not out to help you save your house – they’re out to line their pockets!
yes bobby I believe you completely. I do not want to sign the mod. if chase has been claiming that fannie mae is the holder, how can they make a new agreement under their name. shouldn’t it be the investor. what can I do???
I’m here in Florida fighting Chase too In my depossission Chases attorney told me it wouldn’t do me any good because my payment wold be higher than it is. Then turns around and sends my attorney a link for a loan mod. To show you how stupid they are. The banks attorneys last question to me was am I prepared to pay this in full today ? I asked well how much is it ? He responds with after shuffling some papers around and says I don’t k ow My response to him was then I can’t answer your question if you don’t know My attorney got a big kick out of that
kent in attorney lango ” I don’t recall” LOL these attorneys have no clue what u owe. they do not want to get that deep. they have to offer a loan mod. but they are no good. I contacted my congress person although I really don’t expect too much there, but I am going to let her know how they have tried to bully me out of my house. Now they are nothing short of extorting me out of it. blackstone group has bought up in the area. rents are high and they are just looking for another home to add to their securitization. I have known that for a while. they knock on doors around here asking people to sell. I want to believe like mick said if we have managed to stay in our homes as I have in mine 6 yrs already fighting, there is something the banks don’t have. I know standing is one from the complaint, also the day that they claim I have not paid them from is seriously off. I am in the fight mode again, not giving up yet! don’t let these POS attorneys intimidate you. that’s how they operate, the scare tactic like you need them. Just the facts officer and I HAVE PLENTY, whether they will do any good or not remains to be seen, but Me, myself and I are going to the judge with them. any attorney I ever had for some mysterious reason did not want to let the judge know how bad Chase has worked me over.
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
yes the banks have broke down communities and destroyed lives. all govt wants to control us , cops, courts and all the other pathetic powers that be. they are the losers, insecure in themselves and their messed up lives so they want to mess up everyone elses.
Two words…. Qui Tam.
I also found out that the first payment I made to chase back in 06 was not on their record. why is that, but the loan mod payments that they reneged on, they tried to combine to make up the old payment, but I have all the paperwork where they told me I was in a trial mod, plus the permanent loan mod that I signed and returned that they reneged on and it is all black the paper as if they were trying to conceal it from my files with them.
I go back to Bloomberg article that was a leak from the powers that be if we want to get deep. It described how there has to be a narrative that allows a bubble to grow with pure belief where no one questions anything even when truth is right in front of them. They were talking about China as if it couldn’t happen here but bubbles in general. Doesn’t matter who or why as long as people don’t think and don’t react.
HAPPY Thanksgiving Everyone,
answering fm. the top this time, caught in rural Hades w/limited wireless & having to prepare now a last minute motion for continuance (imagine this, Mag.Judge says [On 11/17…”Evidentiary Hearing GRANTED, March 8th, 2016 1pm”] Then Last night, get notice in Mail, “FINAL HEARING Granted, 1/12/16, 0900” Latter fm. Circuit Ct. Judge, Superior to the ‘FC Court/Mag.Judge’s decision)…I wonder who they’re going to SERVE NOTICE ON, FOR FORMER PLAINTIFF’S COUNSEL(as former plaintiff’s counsel has been disbarred & dissolved in FL., since 06/14)? Also have to file subordinate motions for subpoenas, complete another document examination, trip to office max for lots of copies, and 2 more examinations to complete just to make things fun on top of a ‘statement of transcript’ (highly unusual circumstance when court reporter was absent like Ham v. Nationstar, where orders were issued verbally); How fun can 1 Thanksgiving be? So much for ‘Family’ While we battle for their inheritances. Will be fwding samples to those who provided emails soon as I can,
Hammer, this has been a long term agenda since 1913 w/the advent of both the IRS and FED compliments of our infamous POTUS, W.Wilson. Back in those days when You couldn’t keep Your pants on, they didn’t impeach You for lying about it, they took the COUNTRY to the CLEANERS! THEN came FDR, brainwashing the masses that gov.org was the end all and be all to Every-Thing, capable of curing ALL Woes, then came LBJ w/a ‘war on poverty’. The department of Education’s job for the last 5 decades has been to DUMB DOWN both the students AND the TEACHERS, and finally the Teachers(Professors) OF the Teachers, to assure a brainwashed electorate/masses who are just smart enough to log on to facebook, twitter, and publish lots of selfies, however not smart enough to reason, use logic, and examine their surroundings and dilemma honestly; smart enough to be good workers, never smart enough to challenge ‘Authority’; 2 cents proffered. & FYI, there Are ALWAYS those who both THINK, and React….because IF, “IT” happened AnyWhere before; “IT”, most certainly CAN (And Probably WILL) Happen Here.
There are NONE so BLIND as them who CHOOSE not to SEE.
Praying a safe and enjoyable holiday to You all;
-mick
Pal, its about stripping our property rights permanently and as long as the courts go along with it, we are in trouble. if big banks like chase and real estate investors like blackstone work together, they will have all of America renting and not owning.
& w/75,000,000 MERS Securitized Mtgs out there already, they’re well on their way. Eventually the BANKS rule the world which is how they always wanted it.
YOUR Posting is exactly right and WHY Every FC, & FC Defense Lawyer is leaning over the edge to hear the FLSC’s Opinion and final decision on “Bartram”. as EITHER Statutes MEAN something, and were written by the legislature for a specific PURPOSE, or they don’t, and the judicial branch is out for anarchy as much as the Banks.
EG: WHY even HAVE a Statute of Limitations, for FORECLOSURE ACTIONS, AFTER Acceleration, AS A LAW, when the [purported] Lender/Note Holder/Servicer/Mortgagee, can simply, AFTER FAILING to prove their case, RE-File, moving forward to the first month Prior the S.O.L.’s ‘expiration’, claim default from THAT DATE forward and re-sue You repeatedly, the number of times there are PAYMENTS REMAINING on the Mtg./Note? Since WHEN is a Mortgage/Securitization/Promissory Note on a piece of Dirt &/or structures ANY DIFFERENT than Any OTHER Installment contract? being sued, for the next 30-40 years, by lenders who can’t get it in a pile with a backhoe, with HEADLIGHTS is about as exciting as eternity in Hades (but THAT is what the Bank Lawyers are arguing, along with “but they’re gonna get a FREE HO– USE JUDGE!”
“…the concentration of capital and the growth of their turnover
is radically challenging the significance of the banks. Scattered
capitalists are transformed into a single collective capitalist. When
carrying the current accounts of a few capitalists, the banks, as it
were, transact a purely technical and exclusively auxiliary operation.
When, however, these operations grow to enormous dimensions
we find that a handful of monopolists control all the operations,
both commercial and industrial, of capitalist society.
They can, by means of their banking connections.”
-Vladimir Ilyich Lenin
Now simply substitute GOVERNMENTS and Federal GOVERNMENT for ‘capitalist’ and ‘capitalists’ above.. We Already Live in a Socialist State. And All the animals on the Farm are Equal; it’s just the Bankers (read=PIGS) and Government are a little (no, actually a LOT) ‘more’ equal than any of the rest of us. The collapse of The USofA becomes painfully predictable when the rule of law, becomes segregated to “Us and THEM”. WHEN the masses (even of homeowners) discover the reality, which ain’t hard now on the internet….the system collapses as nothing is perceived to any longer have ANY VALUE which can be reasonably secured by “OWNERSHIP”.
thank you for your comment Mick,I too,am having a thanksgiving full of “what do I do” I have been given a loan mod that further drives me in debt deeper than the bank already has. I would have filed bankruptcy, but I have a rental property and have no debt than my mortgage so it just has not made sense. if I take mod, they will reverse judgement which is the only positive I can see in taking the mod. no more lawyers, cant afford them. the mod payment is 45% of my income, manageable in the bank’s eyes but not mine. I feel I am being extorted because if I don’t take mod, they will hold foreclosure judgement. this is what I get for trying to work with the bank for going on 7 years. any advice is appreciated. don’t really want to sign the mod.
yes this house that used to be a home holds no value to me other than keeping a roof over my head till I can find somewhere more manageable financially to live. when “anything” has no value to a person, they need to let it go. ownership is a big word with a “home” but not so much with a “house”
LM,
I think You really need to re-evaluate WHY You consider a ‘mod’ a good thing, versus simply striking a ‘cash for keys’ deal as it sounds like You’re “Over” the whole battle? Attorneys aren’t always the answer and sadly the bad 1’s give all the good 1’s a bad rap.
I would Check to find out where YOUR AG’s office came down on the 49 AG’s v. BoA (& ALL the OTHER Mega-Banks) for all the violations they ‘settled’ on? IF Your mod, was being negotiated (or forbearance, or ANY other type ‘negotiated settlement’) WHILE Your FC was being DUAL TRACKED….they owe You Big time, although those funds have typically been disbursed to the AG’s Offices.
IF You have dramatic equity in the house, selling might be an option, short sale if not, and IF they have bogus docs, FIGHT, FIGHT, FIGHT! Because they can’t PROVE Standing means they don’t/didn’t & might likely NEVER Be able to PROVE their ability to FC on YOU?!
Good (& bad) news is that after 7 years (like us) SOMETHING is definitely WRONG.
IF YOU don’t know, and former attys don’t know WHAT that ‘something’ is,
You need to figure it out before agreeing to anything, or making ANY plans toward any type of ‘exit strategy’. IF they messed up, how’s it YOUR fault?
Well?
Just sayin’
HTH,
-mick
Furthermore, as we all grind away in our lonely solo wars and share the battle scars, I would like to step back and get this thread to look back.
Over the years through sharing tactics and personal stories I have heard little bits of strange occurences prior to foreclosures. I have heard countless people describe bad neighbors causing pyschological harm. Calling the town, calling Child Protective Services on kids. Several people were not behind on payments just yet and tried to sell the homes and the Realtors purposely held back the property, would not show the property, blew the contracts up. I also recall someone saying they could swear a shill had put contracts on the home and bailed last minute just to cause harm.
Can we all start to meditate if the possibility exists that the banks had help from foot soldiers early on and if your friendly local yocals from town, were in on the secret of the bubble. Investigate if its at all possible and this may be why a statement like Trev makes us sit up a little bit. Could this all be for more than the money and greed?
ooooo ooooh ooooh… red hot red hot…
It IS called human hunting…
‘T.I.’ – targeted individual.
I will share what I saw/experienced…you are bulkseye on… they watch us….but now….the hunter/abuser is being hunted…as this board will confirm/nod uh-huh….there is always a bigger dragon.
Some are both smaller AND bigger… 😉
do not give up…..watch Fight Club.
then Lawless.
I ♡ you guys/gals….we got this.
-‘zilla
Thanx IMS, ok thats a valid take. Im wondering if Trev is hitting something deeper. Like Freemasons? And their involvement in all this. Like is any single person thats been foreclosed a freemason ? I think not, im sure your lawyer and judge and mortgage guy is. TREV EXPOUND WISE SON
sorry trev I mean the properties you still own.
Pal, in real estate lango, what trev is trying to say I believe is that the properties he owned were “desirable” in the real estate world meaning the bank knows they can get their money and then some mo money. same situation with me. their greed does not end!
what these banksters did was destroy the moral compass of America dreams. the one thing that most of us are most proud about, owning a home and they have and continue to try to destroy our property rights and as long as someone like Obuma is the commander in chief, nothing will happen. it is one big govt conspiracy imo. TRUMP 2016. democrats and the banksters in bed together. my neighborhood is full of blackstones rental properties where they have bought up foreclosure and guess who holds the mortgage on the properties and their contents. JP Morgan Chase. In florida when a property is not homesteaded, it brings more property tax revenue so all the govt gets paid. that’s why chase wants my home. I have a loan modification, but it says that if I were to ever rent out my house, I would void the contract and be immediately in default, in other words ” Do as I say, not as I do”. yet Chase and Blackstone are in bed together renting out my area. Scumbags all of them.
Mick good morning. I gave you my email address can you send me the sample of what we were talking about ?
I’ve been fighting my foreclosure suit for seven years. Back in February my wife tried to commit suicide. So I understand the stress. That’s what they hope for that you will give up. DONT !!
Anyone after sheriffs sale getting any deficiency judgements? If so how long after the sheriffs sale did you get notice?
It’s the fact that she never held that title. She was a document processor, not a VP. See Kennerty depo from Geline where he describes her actions.It’s all forgery. Affirmation without knowledge.
I watched “The wizard of oz” the other day to get in the mood. Everybody should watch “The Secrets of OZ” to realize how phony the money system is.
Then you had the CA DOJ prosecutor that had Chase in his sights and he was benched before the big $13 bill settlement / tax break. They’re getting away w it imo because they’re controlling the story and have us arguing on the sidelines. Kind of like the football game in the MASH movie lol! Just popped into my head!
Rin tin tin exactly! I have letters, data from Chase/PMac not only telling me but city officials black is white and they’re still threatening me w jail! We all gotta read Alice In Wonderland over the holiday to stay sane.
“A Clockwork Orange” or “1984” are FAR More Appropriate for depiction of what’s REAL in our world today.
Hamstring-I tend to agree. Why else would the BK trustee lawyers (DOJ) sit on their hands and let it happen? False claims right in front of them and they torture YOU. The guy at BlackRock who handles the Maiden Lane assets sure ain’t talkin’…..
Trev way to stay in the fight take take a breather everyone time to pop their bubble !
The stress is starting to get to me. how long will this go on?
@rinnie mini we’ve gone thru MERS, sig is all that matters, non jud’l, securitization, bk black holes and the deadbeat / free house worm hole u and others keep pushing! It’s the fed and every politician, judge, lawyer, real estate broker, investor that corrupted everything to steal our homes and keep us trapped.
Hey Der Ho Der. usedkarguy here. @hammer-I don’t know WTF you’re talking about. See my posts at rogerrinaldi.wordpress…….
The only black hole is the one the oney comes out of at the Fed.
re “losin’it”, hanging out in BK Court while the pressure builds. Still in the house of course. Putting together another fraud suit as there is no jury trial for a foreclosure. The Wolff case is on my reading list right now. Lots to do.
Happy Thanksgiving everybody!
great to hear you are still in your home!!! we are too!! in court for 2nd foreclosure. They seem to not be able to come up with discovery a 2nd time now? 1st forclosure apparently they had the note and mortgage? this time the mortgage is lost? and they have an affidavit signed which we all know are signed by document mills, who send a robo witness to trial who we know has no personal knowledge of mortgage. its going on 6 years our fight since obamas hamp modifcation started to steal homes from around the country. still not understanding the undated , endorsed in blank, with a robo stamp os joan m mills?
YES happy thanks giving everyone, we have alot to be thankfull for
The hone MetLife Home Loans & American Home Loans Servicing 3 (to a higher power)….my homes were my ‘plug-in’ points if you will….i am a superconductor….trying to be a super conductor…a leader worth following…scars an all.
My 2nd home stolen was ON the focal point of earth’s ♡ chakra…..litterally the center of the quartz/diamond of this planet….the city of Boise expanded from 1018 North 15th Street…. the Freemasons knew this….in 1911…they knew this.
Some (on the darkside) were willing to bet the farm….to steal the house (s). So they did….but they forgot that the sword of the lord cuts in both directions….the sunshine pendulum they never saw coming….i share these details as the drama plays out with its scripts….characters….heros & villians….fortunes & foreclosures…..
I have very deep/wide top of the pyramid contacts….and am prepared to call upon those willing & able to assist. should you join me….KNOW in your ♡/♡s you will not be left in the cold….again….we are not alone…and the offenders/guilty will fall…are falling….let the truth rise…let the light *level scales of justice* be recalibrated.
so it was written…so it shall be.
Ok im intrigued. Give me more. 🙂
go Trev.
Hello my fellow bravehearts.
Despite rumors to the contray, I am alive and well…calling $1them like I see ’em…calling them out when I need to.
Still in this dogfight….leaning hard on powers above….to help w this (our $#!# show from below).
I am lobbying for removal of a Judge….here in Idaho. Christopher Bieter *mayor’s brother*…..runs in the family….. in my 16 yr experience w both..not to be trusted for any reason….ever.
I am also posting to invite you to a limited Class Action (Qui Tam) suit to be filed in Ada County, Idaho… on behalf of a Class (you?) who may have suffered financial loss as a result of Fraud/RICO/Breach of C/Discrimination by Ocwen Financial, CEO + BoD and it’s predecessors American Home Mtg…et al. It will follow in the path of CFPB’s $2.125B ‘order’…& DW’s CA Class-Action suit…recently settled for $150m.
I will limit the suit so that settlement will make a material impact toward your losses…$1,350 would not cover my storage bill….let alone 10 yrs of equity….in a small but fine 2bd 1 bath in Hyde Park….the neighborhood they now have a tv show depicting….
If you care to discuss this…or a 2nd planned suit…Ltd. Class-Action….against MetLife Bank…CEO + BoD…please reach out.
100 seats open on each.
Filing will have Fall/Winter ’16.
Fight on!
godbless you n yours this Thanksgiving/Christmas/Hanukkah Season of light..we shall overcome.
Trevor David Hitchin Kaufman, mba
501 E. 44th Street Trl#4
Garden City, Idaho 83714
United States
email: trevor.hitchin@gmail.com
twitter: Indigobro
tele: 208.703.9525
I am not an attorney, never want to be one…this is not legal advice…just an invitation to a justice party from a fellow survivor/fighter.
RSVP
see you (& them) in Federal Court.
Keep the faith!
1♡
CPWBTDHK
Trev
I second David Black. Amen and Amen!
Mick, the fraud is known as every presidential candidate claims to be against Wall St. The percentage doesn’t matter thry can’t be trusted no matter what magic research u come up with. It’s homeowners that fought the deadbeat myth that has got us this far. If anyone thinks Trump or Clinton are the answer will never learn.
amen amen amen amen
Foolish, foolish thinking if you think that it’s been the homeowner’s that have made any progress thus far! If that is the case, name me just one federal law or state law for that matter that represents any type of success in stopping the banks!!!! If we are to succeed, then those that created this mess (Wall Street and the Banks) then we either have re-instate the Glass-Steagall Act or re-write it and get it passed. You think homeowner’s have the capability of doing that? Hell NO. It takes a cleaning out of DC and electing those who will do the right thing and put this country back together. Someone who’s not ‘obligated’ to Wall Street or funded by the banks and who does that leave? Who is out there who isn’t already accepted donations for campaign funding from the thieves in DC? Who has more money and net worth that doesn’t give a Da** if he gets paid the $400K plus salary? I, for one, am tired of electing those candidates who, before they step out to make their first speech on the campaign trail, are already a begotten slave to the cronyism in DC. Oh, we’ve made some points in the courts as far as small wins, but that’s not enough. Compare those to the vast amount of foreclosures, etc. since 2006-07 and the number is minute. We had a chance once with the Occupy movement, but we dwindled in support. If we really want to make ‘change’ we need to stop with the nonsense talk and learn to walk the walk.
Mick, rrrini are u guys in a black hole? Your like 3 yrs behind and still trying to blame homeowners and make urselves out to be saviors. Give it a rest no time for your distraction.
hammerhead, that is their only defense when you get close to exposing the truth: you’re frivolous, vexatious, and your attorney is persecuted by the state bar. Watch how many attorneys they line up against you. I had them burning over $2500/hour for three hours once.
They could care less.
hi roger, how is your case rolling? i am in my 2nd foreclosure. its 1 year old already. still waiting on discovery. I am the one who has joan m mills as robo stamper too!!. funny thing this foreclosure they lost the mortgage but they have the note? 1st foreclosure they had both? signed affdavit that they lost the mortgage? yet the person that signs these are usually from document mills with NO personal knowledge.
keep on keepin’ on there Mick, we’re with ya. the banks won’t stop, ever, until there’s precedential decisions which make it unlikely banks will prevail using fraud.
Theyre trying to sweep us under the rug
Hammer time. Ok thks. I been meaning to call u. This is extortion!
Mick , I sent you my email address and I asked my attorney about finding out why about the dismissal and she told me they don’t have to say and doubted any judge would make them tell why
Hi lms you may want to send demand letter on their breach and bad faith. You could include counter offer while demanding clean title and verification of debt. Otherwise u will take legal action and report to authorities. I’ll send link w examples and call u later. I’ve been trying but putting out fires on my end.
Can someone offer their opinion on re negotiating a loan modification where the bank has put me deeper in debt than the summary judgement did. I do not want to sign loan mod. Should I ask court for mediation to re negotiate.
Mick this is my email address. kenelad@aol.com
Hey Mick is there a club of u guys who decided to call jus whiners if we call out corrupt lawyers and judges?
Hammer, It doesn’t matter if there WERE a ‘club’, I’m about getting things done, not whining. Calling out a Corrupt Lawyer is something I’m famous for. I was on the phone to a guy named Bill McCullom in 2008 regarding all this “BS” (he was our then AG in Florida), because while not being a lawyer, I’m smart enough to see fraud on the Court staring me in the face. It took 6 more YEARS to Get David J. Stern, PA DISBARRED. So unless You’re willing to sign on for 2-4-6 Year FIGHTS, while incorporating JUDGES, about a dozen Defense Lawyers, and collected depositions demonstrating Fraud, from the top to the bottom (and visa versa), You WON’T Prevail.
The Florida BAR when acting on complaints makes Snails appear to be the Space Shuttle for speed.
SAME Can be said for the Florida Judicial Qualification Commission. Like the FDLE, FBI and ALL FEDERAL AGENCIES, unless You hand them ALL the research, ALREADY DONE, and a Ready for Grand Jury Prosecution, (so they literally have to do NOTHING….heaven forbid, GOVERNMENT EMPLOYEES with 6 figure salaries, being ASKED to do REAL WORK?! OMG, the HORROR!) You can expect to be kicked to the curb, REPEATEDLY. Please don’t think this is being a ‘smartazz’; wasn’t intended that way at all; however after a Governor’s Emergency Executive Order to sustain a town, compliments of my research and 5 attys’s/firms now dismissed/disbarred/fined/sanctioned compliments of a little PITA named “me”, I have zero minutes remaining in this life for those who want to whine, here or anywhere else vs. Getting to Work to reverse the tide (of banks) which will never stop until we (and our progeny) are all penniless slaves, indentured to them forever. 95 out of 100 simply walk away. THEY are the segment we’ve done NOTHING about. Probably 90 of the 95 have fraudulent documentation, but we’ll never know.
Mick – I can wholeheartedly see your point of view. Being in the banking industry all of my working life (44 yrs +) and being in a foreclosure case w/Chase since 2007 I am not making much headway to getting the case dismissed. I was pro se until 2014 (the first 7 years) and now have an attorney. Still going nowhere except for a lot of hearings set and then cancellations. Judges are corrupt, courts are corrupt… No matter how much documentation presented shows an invalid debt, robo-signing, fraud…it doesn’t matter. I do have hope, however, if Trump makes it to the Whitehouse and starts getting rid of the cronyism in DC. I already got one foreclosure dismissed w prejudice on another property and I plan on the same here but planning and actually receiving it are two entirely different paths. The court readily recognized the fraud with Citi on the first case; but not so easy this go around.
Mick , we’ve already given affirmative defenses in fact there were 2 trial dates that were set in June and both were cancelled. I just find it strange that’s it was dismissed. Now we have a statue of limitations issue In Floruda it’s 5 years. Now the bank has new attorneys. So I guess we will see how that goes. There’s still a pending motion that our attorney filed and from what I know until it’s answered they can’t even file another suit anyway
Kent,
When Cases are Dismissed, it’s because there’s about a 98% chance they found FRAUD in their own Documentation, or holes in it’s timelines.
I’m sure Your attorney[s] are waiting for a more concrete opinion on Bartram which is good (regarding the S.O.L. on FC’s) although none of us has a read on how the FLSC will rule.
IF they determine to allow new acceleration after former acceleration (simply moving to the next available months’ payment that is within 5 yr. S.O.L. and pursue all other payments prior the S.O.L.’s installation/tolling) which is likely, Your attorney[s] need to know why that dismissal was proffered. If there are fraudulent signatures, improperly filed documents, standing issues or missing chain of title issues, I find them. Email me, I can send You a sample report. You’ll be impressed. More importantly, Your Attorney[s] will be impressed.
-Mick
Mick,
Please email me Sample Report, benhoward321@yahoo.com My case was dismissed, and it was beyond the (5) year Florida Statue of limitation, I am aware of the Bartram case, and the Florida Supreme Court, pending action, if they rule in favor of the banks, how big a problem will that be homeowners? Thanks Ben
Ben,
Will reply directly 2nite when more time is available. Simply put, if they (FLSC) rule in favor of the BANKSTERS, in Bartram, Former Defaults be danged, ALL Remaining Defaults (starting at the oldest monthly payment default prior the 5 year BACKWARD S.O.L. is VIABLE place to start for NEW and REPEATED FORECLOSURE PROCEEDINGS, for virtually EVER. This crap started in 2000 +/-. On a 30 yr, fixed, the S.O.L on that FC Series of Actions would toll in 2035. Until then they would be able to file, repeatedly against You, over and over and over, until they finally get their feces high and tight and eventually prevail. Because eventually You either give up, DIE, or they prevail…if they get an eternity of ‘do overs’ (which was their oral argument in Bartram, and they REALLY Believe that….NOBODY gets “Free Houses”… but them of course).
YOU, Ma’am have a VERY GOOD Judge!
You NEED to find someone (even if not an attorney, a forensic loan auditor, or chain of title/foreclosure documents examiner) who can determine IF Your Plaintiff’s Lawyer Isn’t Wanting to come to Your Neck of the Woods for FAR More than it just being unattractive to Her….? She may just KNOW they have problems with Your Case. I’d offer to help You but I know NOTHING about KY Foreclosure Laws.
Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare
“Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare”
Angel, Every THING You stated in the Reply above, is in my opinion (as a non-lawyer, giving a non-legal opinion, which means it isn’t even worth that proverbial “2cents”) absolutely challenge and should be alleged and thereafter proven in an evidentiary hearing! IT’S NOT a “living nightmare” regardless of what You assert….I know tens of thousands who were foreclosed on who’d LOVE to have had ANY of Your above issues to contest, where the florida rocket docket never allowed them more than 1minute30 seconds to present their case! Stop Whining and Either do the research to Find a Good Attorney who’s willing to fight FOR YOU, or put on the whole armor of God, get some knowledge (because it’s out here all over the internet), and get ready for the Fight. Remember, aside situations like YOURS (a respectful JUDGE who KNOWS they have all kinds of flaws in their paperwork, and he’s simply waiting for YOU to RAISE those Points in Motions for Dismissal, lack of standing, fraud on the Court, failure to state a claim, etc.), most folks are in front of bias Judges, being told THEY have no case, and to GET OUT OF THEIR OWN HOMES, because: “Nobody (but the banks) Gets a Free House”.
Find a local LAW SCHOOL and go see one of their Real Estate LAW Professors, asking who they’d suggest of their students who could help you, Pro Bono Firms that would help You, folks that He/She TAUGHT who are now out on their Own, and GOOD, but still inexpensive for the right client….do Your Part in Your Own Defense!
You should look in to David Ham v. Nationstar, Florida 1DCA, Opinion published 5.12.15, regarding the forced placed insurance issue. I doubt Your Courts would look to another states’ decisions, however, there HAVE TO BE other cases, where folks had a similar act conducted by YOUR purported “lender”, in YOUR State. I’d practically Guarantee it! Your Appellate Court(s) have already, probably ruled on EVERY ISSUE You cited above, reversed and remanded, for involuntary dismissal, Or VACATED the former judgment[s]. That’s called CASE LAW, and Your Judge NEEDS some, cited by YOU in Motion(s) for dismissal, lack of standing, manufactured default(s), fraudulent documents, nothing being recorded, etc., etc. Until an Attorney OR YOU, pro se/pro per put on the armor, Your big girl pants, and walk in to Court asserting Your RIGHTS and their Lack of a Right to Pursue You, or this ‘purported’ debt. Make THEM Prove EVERY THING. Since they can prove nearly Nothing, move for dismissal (or simply put, that’s what I WOULD Do)
Hoping this didn’t come across to harshly, & something gleaned above helps You
(as I’ve met lots of ‘whiners’ who claim “it’s a nightmare” but still want somebody else to do everything for them, for their own defense, rather than paying for a competent attorney who could WIN the Case for them Inexpensively, based on their documents and facts of the case).
Respectfully,
-Mick
Mick,,I’m in no way whinning,& I have raised all claims in motions I’ve filed:-) I’ve filed motion to dismiss w/predjuce due to no standing,fraud on the courts,false cause of action,forged/altered documents,I have DONE all you’ve mentioned except talking to law school,,,that has entered my mind,as to a ”lawyer” did that to,had one for 2years he did nothing but promise a lot while changing firms,3 in 2yrs,he did nothing,I fired him…been pro se now since 2014,I practically live at local library,& no I don’t think you’re coming off harsh,your passionate about this topic:-) & I VALUE all info I can get….but yes sir I’m fighting HARD:-)
Angel,
OK, Now I DO FEEL Better!
(1 for not offending You and
(2 for knowing You’re a FIGHTER!
I also feel worse because You got a clown w/JD behind his name who rode Your gravy train for as long as he could.
That said, the law school Idea isn’t original, I did it years ago when suing a municipality over elections, voter ordinances, and an unqualified candidate, although the suit was primarily around failure to produce requested public records.
The “old salt” emeritus Professors at the law schools, invariably not only know the PERFECT Lawyer to help You, they know the Judge[s], the Plaintiff Counsel[s] and more. They can (and usually will) Hook You Up with a GR8 Counselor.
Just remember when talking on the phone, in person, via email, all or any initial method, keep it VERY SIMPLE. Point out the MOST Substantial issue[s]. Seriously GOOD Lawyers are extremely protective of their TIME.
K.I.S.S.
WHO-What-Where-When-How and WHY (only the last if he/she ASKS).
Have ALL YOUR DOCUMENTATION in CHRONOLOGICAL ORDER from NEWEST to oldest, make a complete copy and give them the record copy You make.
Ideally, present to them via email so they can digest and have good questions when You finally visit them. There are Many sympathetic (AND GOOD) lawyers who are willing to either take on, or make suggestions to, Serious FIGHTERS that they respect for never surrendering. If not pro bono, they’ll usually offer You a dramatic discount as You’ve (1-been burned by a moocher w/JD behind the name and 2-) Already done a significant amount of the research necessary for them to move forward, ideally, for success in/on Your behalf. They will likely want to know Your ‘exit strategy’ so have one. IF You believe the debt is valid, (excluding the F.P. Flood Ins.), mediation might well bear fruit, just remember he/she already KNOWS They can’t be trusted and You NEED somebody who will take the time to read Every Word of any ‘modification’ agreement.
Shutting up now,
-mick
Albertelli Law is another favorite of Chase Bank in Florida, total liars. They don’t even know what document goes with what case. Total Thieves.
The bank originally used Ronald Wolfe and the got bought out by Brock and Scott a little over a month ago. Brock and Scott had the case dismissed
I googled their name and nothing came up. Mine has been going on for 7 years
Well my case was dismissed without prejudice and now the bank has hired a new law firm Shapiro and Fishman has anyone had any dealings with them ?
Yep, investigated by the Florida Atty General office for fraud and robo signing….to my knowledge the investigation is still showing as ‘open’. Be mindful and do your homework/research. This one is a real bad one!!!!
On what grounds was Your case dismissal? shapiro, fishman & gasche is a pack of sharks. They’ll lie, cheat and steal, right in front of Your Judge, so leave Your wallet in the car. Never let them near Your home….when they leave even Your dog’s pregnant! You need help looking at the documents they submit, they’re masters at submitting fraudulently prepared foreclosure documents, and again, don’t turn Your back on them for 1 second.
The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years
“The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years”.
Kent, You’ve been fighting ‘what’ for 7 years? The new law firm dismissed, that means the former law firm had a ‘cluster’ which couldn’t be remedied. IF they haven’t re-filed, You have (again, not a lawyer, never played one on tv or radio either, and this isn’t legal advice, just what I WOULD Do if it were ME) it seems to me, an excellent case for slander of credit and title. They don’t have to give a reason, they can withdraw the complaint at any time prior Your submission of answers and affirmative defenses. After that, it gets complicated. Who was the Former Law Firm? (& fyi, they don’t normally get ‘bought’, they usually get ‘acquired’, as in multiple principals are being investigated, disbarred, whatever and the firm sees transfer of all assets/clients/files to another, more ‘reputable’ firm to be a ‘timely’ and appropriate decision. The LENDER has to authorize the transfer and the ORIGINAL Lawyers likely needed to be the ones filing for the dismissal; without a motion and an ORDER from the Court recognizing the new counsel, and dismissal of the former counsel, the new attys/firm couldn’t legitimately do anything?
IF they re-filed, compare the original complaint to the new (&/or Amended complaint[s]), because there are (likely) defenses for You in the original that they have (likely) attempted to remove w/the re-filing.
Just my 2 cents,
-mick
We’ve been fighting the foreclosure suit for 7 years. The banks former attorney was Ronald Wolfe and Associates. Aka Tampa Default Law Group. The bank hasent reviled yet and there’s a pending motion on our old case for reimbursement of attorney fees and cost
Kent, it’s FLORIDA Default Law Group and they were shut down amid
Your boy “Mr. Wolfe” is found here:
http://stopforeclosurefraud.com/wp-content/uploads/2010/09/WM_FULL-DEPOSITION-OF-FLORIDA-DEFAULT-LAW-GROUP-MANAGING-PARTNER-RONALD-WOLFE.pdf
&
http://stopforeclosurefraud.com/wp-content/uploads/2010/09/WM_FULL-DEPOSITION-OF-FLORIDA-DEFAULT-LAW-GROUP-MANAGING-PARTNER-RONALD-WOLFE.pdf
http://www.palmbeachpost.com/news/business/two-years-after-foreclosure-probe-launched-investi/nQBML/
Beginning of the End:
http://beforeitsnews.com/foreclosure-gate/2014/04/former-foreclosure-mill-offshoot-ronald-r-wolfe-workers-2446138.html
And FINALLY, You just need to take the time and compare Your complaint[s] and motions filed by FDLG And Current (bank) Counsel and square them with THIS:
http://www.woodwardlaw.com/
FDLG was a train wreck. I saw more than 1 of their complaints, and they replaced Stern as ‘worst of all’ (even more so than Shapiro-Fishman) for a few years. YOUR Dates match up sufficiently so that I’d bet a dollar there’s foreclosure document filing/recording fraud & likely mortgage foreclosure fraud in Your case (& I’m not a betting man, at all, ever).
I can help. (didn’t know You were in Florida until You posted ‘Tampa DLG’).
You need an examination of all documents in Your case, from acceleration letter (prior Complaint Filing) up to and including Your motion for fees and costs; You can contact me at: petemichaels1@comcast.net
anybody had any contact with Albertelli law in florida, another bunch of hood attorneys, filed all kinds of erroneous docs that didn’t apply to my loan, plus the default date on the complaint was wrong. I was in a forebearane but no attorney I had would bring it up in court. do I have any grounds to get judgement reversed.
Kent, I noticed we both have the same legal counterpart from TAMPA. There is many good things to learn from prior experiences these folks acted on ……. contact me if there is anything that we can learn more on this FUTEX@hotmail.com
Hello yall:-) well recent events,filed motion for status conference,went to court,the law firm against me sends yet a new lawyer,not same I’ve been dealing with,makes about 16lawyers now I’ve dealt with from plaintiff,chase..well judge ordered mediation,,,my question is am I required to have a lawyer with me during this?& what am I to expect? THANK YOU in advance for responding:-)
I am not an attorney and this is not legal advice.
Take an attorney with you. Or someone with extensive mediation/law experience. Often times at mediation (I am not familiar w/ real property mediations), a settlement is drafted. You will want someone there to review it.
Thank u:-) &yea plaintiffs lawyer said they’ve went to offer settlement but our figures are far apart?& they HAVENT offered a cent,,,she lied to the judge on that.
after this huge RE MORT FRAUD/REAL ESTATE TORT committed against you the JUDGE order mediation?.. for what?. are they going to settle with you and pay you all Pain and Suffering plus mental anguish?…
most of these crooked low life lawyers are DEBT COLLECTORS Themselves! and they have been filing LIENS on PRE FORECLOSURE Home Loans.. this way they can file ANY BANKS NAME on an Unlawful Detainer in court and steal the property! YOU SHOULD WRITE YOUR OWN MEDIATION TERMS AND GO WITH SOMEONE! DON’T GO ALONE! make Them PAY YOU FOR ALL THESE YEARS OF TORMENT , PAIN AND SUFFERING! hope all go well.
He shut the plaintiffs lawyer down,every time she spoke against us,he ordered mediation because of all the exhibits I’ve submitted read a complete different story than their claims,she said she was going to file motion for summary judgement,he said he will hold it in abeyance til mediation is complete…all his harsh,strong warning are directed at plaintiffs counsel,,he told them,I feel we have a great judge,,,he could of already ruled but is doing his best to see we get a fair shot at this:-) &he STRONGLY suggests we get a lawyer but I’m completely gun shy on that,last &only one we had was awful
Angel, I’m not a lawyer, this is NOT Legal ‘advice’….but it IS some real strong “Suggestions”. “SUMMARY JUDGMENT” can only be asserted or delivered by the Judge by way of Order Granting same IF there are NO (read=ZERO) “Issues of Material Fact in DISPUTE”.
In Civil Cases, You win by a preponderance of the evidence (51% tips the scale in Your Favor)
In Criminal Cases, The Prosecutor must Prove ALL the Elements BEYOND a REASONABLE DOUBT.
Summary Judgment on the other hand REQUIRES Such a high bar it’s nearly impossible to reach in a REAL WORLD (as in former bank employee/bank attorneys NOT Sitting as Your Judge) scenario and Courtroom, they have to prove BEYOND ALL DOUBT that You have NO Substantive ISSUE of Material Fact that YOU can assert….NOTHING. They DID Everything PERFECT…..period.
Summary Judgment is a joke, I’ve never seen a proper one yet (& I’ve been in the court room for Thousands of these actions).
HTH,
-mick
PS: the advice to take another person (or TWO) with You to ‘mediation’ is a Very Good Suggestion.
what county are you in?
Lol,I know I’ve been waiting for it to go differently due to the horror stories I’ve read,,but I’m from a small ky town,& I hope I stay a step ahead of the crooks,plaintiffs counsel hates coming here,&was doing everything she could to have the mediation on her home turf,,,didn’t work:-)
Angel, I’m not an attorney. I’ve been fighting my own battle with BOA the past 7yrs.
Wow, 16 lawyers!
If you don’t trust or can’t afford an attorney, hire your own court reporter to be there for the mediation. The other side takes notice if you do that because they know if they treat you unfairly it can be appealed to a higher court along with everything they said and did during the mediation. Around here it cost $150. But it’s well worth it in the long run. Also, if you go to You Tube and type in something like….”what to expect at legal mediation” several videos should come up that tells you about it., some are done by attorneys, and some by law instructors. That method has helped me a lot.
Hammertime – In response to your post:
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title Then a line with Lender’s coverage for full amount of principal Then a line Owner’s coverage 0 All misleading, deceptive:
Look on the column heading for “seller” and see if that Owner’s Policy (for you) was paid on behalf of the seller. It is not usually paid by the buyer (you) so on your side it would probably be 0 but the cost would show on the seller’s side of the closing statement. When you got the recorded Deed sent to you from the title company after the closing, didn’t you also get an Owner’s Policy attached with the recorded deed? Highly unusual that an Owner’s Policy would not be issued, very highly unusual.
Ok I think it was a condo or townhouse, but when a title company does a search, do they only access local public records info or is there somewhere else they go to get a more in depth search of the property
A condo would not require a survey b/c they don’t own the land but a townhouse is different – they own the land in a townhome. Title examiners have several places for searching title and that’s why it would be a good idea to ask for a copy. Tell him to ask for the ‘marked up’ copy of the title exam.
As a former title searcher, for a former title company, decades ago, we went to the Land Records/Clerk of Courts Official Records Vault and examined EVERY Document recorded, related to the property, going back at least 4 previous owners or 40 years, which ever we hit first. For EVERY Mortgage there must be a satisfaction, for Every Deed there must be both Grantor and Grantee, those must all match as a ‘chain of title examination’ is completed. Legal Notices (& Liens, including Federal, like the IRS) are ALL recorded against the property. ANY unrecorded encumbrance is irrelevant in judicial states, as those document holders have to record same, to have a lawful claim. I have no clue what they’re doing now, as I’ve seen Refinances Executed while Lis Pendens are actively filed against the SAME PARCEL?! Can’t wait to see how that title company resolves that one?
Bobbi yes it was a warranty deed and he paid cash for the property. Title insurance was paid by seller and the closing was done thru a local title company. Thks
I don’t know why the title company would place that verbiage on a General Warranty Deed but if he got an Owner’s Policy, which should be issued within 30 days of the closing, I am going to suggest he go through that policy or better yet, have a Real Estate attorney look it over for him. In the meantime, he should ask the title company for a copy of the title exam which will show all the features surrounding that property. Also, hopefully, he also had a survey done as well. Cash buyers forget that surveys are an EXCEPTION to title unless a survey is done.
If banksters don’t enforce title insurance because they may discover something that weakens their position is another sign that there is no integrity in our institutions. Lms the key point of TILA rescission is you take it out of lawyers and court hands if you have cause to file. If you have doubts or are fearful of filing then u pay someone like Garfield. If the servicer has lied to u ie no truth in lending if they jerked u around instead of verifying debt sending the notice forces them to prove their standing and debt. Where’s the disconnect? That somehow we are trying to get out of our debts and should be fearful of being called deadbeats is the lie and shaming they’ve used against us, about 5 yrs late. You urself and all of us as far as I know tried to resolve our debt but their manipulation and ADMISSIONS brought to question if there’s any debt at all. U still think we should beg for ANOTHER bogus offer? Makes no sense.
bobbi, just curious regarding title, my friend bought a property and on the deed up in the left hand corner, it read “indv to indv”. to mean from individual to individual I am assuming. I have never seen this on a deed and to me it looks like the deed is only as good as who transferred to the new buyer. can you explain , thks.
I don’t recall ever seeing that kind of verbiage on a deed transfer but what kind of deed is this? A general warranty deed, a quit claim deed or what? Was it prepared by an attorney or a title company? Did your friend have this financed and if so, did he get an Owner’s Policy? If he was a ‘cash’ buyer this is the problem when they (the buyer) doesn’t take the effort to protect themselves….
incog, I agree, but bottom line you have to pay somebody and it is better to pay than look like a deadbeat in the court. work out a payment you can afford with the bank or whoever claims to own the note and mortgage. If you cannot afford the house at all, then maybe its time to leave it. Sure its about principles with me too, but bottom line you signed a mortgage and note and owe it to someone. you were not coerced into the loan at the time were you and you cant deny that you signed the mortgage and note paperwork , can you? really? I contacted neil, he wanted $600 an hour. Tell me who here can really afford that outrageous charge. We do know as much as the lawyers and probably more with our combined research and experience. neil wants to put his panel together with high rollers. We should be that panel. believe me im on everyones side here, but I am not going to further support anymore attorneys. and this TILA rescission idea, ok it maybe great, but I would do my research before I send in that letter that cancels the note and mortgage, you still signed it. I have just seen what goes on in the local courts here in florida and it is a circus, absolutely no method to the foreclosure frenzy going on in the courtroom. I am just saying keep your hard earned money and spend it wisely. there is enough information on this blog that can help you proceed pro se. lawyers just know the formality of the foreclosure courtroom which in my opinion is a joke. none of these lawyers had enough experience in this fraudulent mess. I think the TILA recission is just another money maker for the attorneys. I am just trying to get people to really think here. that’s all.
trev, don’t we all recognize by now we are all being scammed. Just work it out with your servicer, mortgage company and then like bobbi said, make sure it is recorded. What is the point of the fight if there is no intention of remaining in the property. We all got seriously scammed, just learn from it and move forward. What is the fight really worth to you? its better to try and work out a payment than keep fighting them on technicalities. It only makes us look bad in the eyes of the court with stall tactics. even neil is still trying to drum up business. we are the peons that got scammed. learn from it and move forward. these attorneys suck and they will take your last dollar, now I ask you again, what is it really worth? either get a loan mod and pay it or give up the property legally and move on. I don’t see any body moving forward on this scam unless you have tons of money which I don’t think anyone here has including me. there have been multiple wrongs done to all of us and still no justice. Sorry if I sound like a whimp, but I am tired of all this bullshit and no one getting any true justice, with or without prejudice, do you want to spend your life in a courtroom and upset all the time about injustice. It aint gonna change anytime soon and I am in midlife and want to enjoy the remainder or my life if that is possible because when I bought my home, I felt so proud to own the home and now the termites can eat it and I don’t give a shit. probably a blessing in disguise!
In the eyes of the court, SERIOUSLY??? THEY ARE CRIMINALS!!!! If YOU want to pay an entity that is not owed any money, you certainly can do so if that is your desire, others will stand their ground on the principals of law and order!!!
And they did All AG’s got money for their state leaving all of us out there to battle on our own
Maxwell silver hammer…
many thanks for the lead. I’m over the house but want the stain on my credit/judgment cleaned and I want to give Bieter a chance to make it right….i fight fair but am inches away from just writing a formal reprimand of the no-show judge….for documentation purposes….& for the next generation of fighters.
the day I lost in ’09 the headlines were that all 50 atty generals were going to ‘get to the bottom’ of this. 9 yrs later I think we are at bottom…idaho hates its non-mormon citizens….not my idea of a State…more like a cult territory in need of guidance from above. V tired of babysitting but the road is long, the reward….worth every tear so they say.
I can feel it in my lucky barometric knee cap…we are close… i can just feeel it.
if anything/anyone else can help w the next move (it’s mine)…chime in. 150 heads are better than one.
I will say this… Ocwen Financial is very attentive when I call, its like I’m now the debt collector….they are very ‘on edge’…and may just make it right???
Ombudsman Office?? Ironic.
Peace all & t.y… T
I can do 2nd grade math….the extra three years were for the daily offshore phone calls..’TwayBor you owe us Mo money….youpaynow!!!!..some calls were at 6:30 a.m… hundreds of them in over 2.5 years…it was torture, and I have been tortured… like south pacific locusts….pinching and biting..locusts lying….all in the name of ‘mo’….a land grab w no one at the register…no one minding the store as they used to say.
they hired people in India and Asia to termite my American Dream, my life savings.., they fired Americans and hired boiler rooms of non-Americans to steal Americans’ private property. ..not as a means of last resort but as means of first and only option…w no regard for law or American Values..gnaw..gnaw..youpaynow or else TwayBo… ugghh. Broken English….broken dreams.
Silver lining, ha…i’ve learned more in the past 10 years about greed, integrity, community, neighbors, god, dreams, american financial regulators & regulations, distric Courts and small town politicians….fraud….white collar crimes…american business egos…comptroller of currency responsibilities…police detective work…cover ups….and if i take a step back…i’ll notice an entire industry being body slammed by lady justice….who is not blind at all…hitting every target … the CFPB $2.125 Billion citation recently written to Ocwen Financial ….is the harbinger..just in time… just think… $125 million / x …. where x = # of people who lost their shelter to fraud….who may be tired…maybe back on their feet…but one thing is for certain….Ocwen will now be Defendant in dozens…hundreds….’000$ of lawsuits?? crime don’t pay….
as soon as i get my ducks in a row…i’m filing a federal civil suit against fannie mae’s new cxo….david applegate. he was the ceo of american home mortgage & servicing 3 (to a higher power…no really…that was their logo)…yeah so i’m going to hold him accountable for his broken promise….after ten years of payments…20 month resolution on a friday…dave’s promise..home went at auction the next monday….and according to CFPB…the foreclosure was riddled with fraud…knock-knock…uncle RICO…?
God is so good. A real world education…in real time. Nothing but net…highwire walking w no net.
Just my dream in a fair shake. A chance to fight for the light…for justice.
So help me/us God. Graziadio.
humbled…. kPoW!!!! tko… i want to do other things w my life… i want closure.
we all do.
Trev – very well put but I’d like to ask you to put those same words in a complaint to the CPFB (Consumer Protection Financial Bureau). If they resonate with them the way they have on this site, I think you would be surprised. Better yet, send a copy of that same complaint to your local news media!
Also, NEVER give up unless you WANT to give up!! Ocwen are just as much of criminals as all the other criminals in this garbage!!!
Hammer your right it’s just temporary
Trev just saw a post re motion to vacate judgment for CA, maybe something similar. Some legal services claim they can reverse sale up to a year after. I would look at Mains? Case who is suing for damages instead of reversing sale. Then again Garfield says rescission cases can be reversed. But if property has been sold to innocent 3rd party that could be end of the line as to property.
Not necessarily true as to the end of the line. There have been cases where the property title was reverted back to the original owners. That’s why 1) Lenders of REO properties don’t do Warranty Deeds, and 2) always do your research on a REO property before you purchase it.
Definitely not absolute. In CA there is strong language as to bona fide buyer. Then bona fide becomes an issue. As to TILA sale also criteria along with consummation. Basically tougher when sold to innocent 3rd party rather than reverting to bank in CA.
That is exactly what this new ruling is about
If you have bad documents it’s worth fight. There’s always the media and possession of a forge document is. A class 2 felony
There is no sol in fl for verifiable
Fraud. That’s just it though
The fraud does not seem to end. They do not want us setting any precedent for fraud. Just imagine what a snowball effect that would have in the courts just when the courts thought there was a light at the end of the tunnel!
General ? for the board/bored.
If I lost my home to a Summary Ruling….MetLife 2012.. but then…after the fact discovered fraud in their filings…can I ask the Judge to reverse the ruling? re-open the case to consider more facts…like metlufe’s barring from the industry…a Pete Rose so to speak…
If anyone has a term or process that might allow the Judge to save face and allow justice to stand…please post or text/call.
208.703.9525
I basically want to say, ‘hey Judge Bieter, we were both lied to…robbed…can you reopen the case….?’. I am not able to find an honest attorney in Boise…
I am ‘qui tam’…
I think I am within SoL for fraud served on Courts.
peace & never give up/in.
ever.
Trevor
Sorry but you have been misinformed. If the judge rules in their favor they can’t.collect on any of the past due only from the time they choose a new default date
Then why even fight for it,,smh….I quit!!!!!
My motions asked the courts to dismiss w/prejudice…so If I prevail its not a win…its a temp status til the crooks cook something else up???
It’s up for ruling next month which is November that’s why the banks lawyers arguing about being able to refile. You can google up coming Supreme Court ruling in Florida
The banks are contending that by choosing a different default date that the statue of limitations start over too
Well after almost 7 years we have won a small battle. The bank took a voluntary dismissal without prejudice so I guess we will see where it goes from here
The Supreme Court here in Florida is going to make a ruling in cases that are dismissed with prejudice possibly allowing them revile using a different default date
That wouldn’t surprise me,however if its dismissed w/prejudice due to fraudulent actions,such as forgery I don’t see an overturning that:-) fraud on the courts,false cause of action,to much we can fight back with if higher courts do so…:-)
Isn’t that like double jep?,,,Couldn’t prove case to point of dismissed w/prejudice,but allowed to ATTACK on new dates???if that happens to whom ever,,,,I pray they go straight to media,,,seems like the cases in media move quicker but opens homeowner up to entire world,when your already feeling invaded…..I mean my god:(
What ruling? It has always been fact that dismissed with prejudice means that they can refile again. They could only use a difference default date if they modified the mortgage and it went into default. Where did you read or see about a Supreme Court ruling on this matter?
My understanding is plaintiff CANT bring same cause of action against defendant,meaning default,,,was cause of action,not the date of default,,,or have I been mis-informed?
A lender can always bring action on any default – which there are several in your mortgage. For example, if you change the title on your home that could be constituted as a default under the Due on Sale clause. And, yes, they can still come back on a payment default. Each time that you default on your mortgage is a warranted time for them to file foreclosure. Just because they lost on one payment default does not preclude them from filing again if you default once again. Since lenders don’t accept any payments once foreclosure is filed (except under a loan mod) then I’m not sure how the courts will look or set the default date if the total amounts due and owing at the dismissal is not paid. Again, if you don’t pay the outstanding amounts declared as delinquent at the time of the dismissal then they could literally come back in 90 days and refile another foreclosure. Maybe this is what this new ruling is supposed to clarify – I don’t know.
As Bobbi explained to me the bank has the lender policy to retain first position should any claims arise from the borrowers side. I would think a borrower would want title insurance especially if it is an all cash transaction not sure if it is required in Ca but in Florida seller always pays for policy
May be CA doesn’t require borrower title insurance.
Bobbi thx for explanation. On my loans there is only one entry itemized as title insurance. Doesn’t appear borrower’s title insurance is required. Later confirmed “lender” on note as beneficiary. I’ve raised evidence of broken chain so why wouldn’t “lender” make a claim? When there’s a sale of loan wouldn’t the beneficiary change? Seems this is an area that raises question of parties and transaction.
Title insurance follows a file when it is sold to another lender via the Assignment of Note & Mortgage. If you have proof of broken chain of title then you can file the claim yourself. Lenders are less apt to do that as it may lead down a road where their lien position is not firm. Your title insurance policy was more than likely paid by the seller. Look on your HUD-1 closing statement, Page 2 to see if the seller paid for your Owner’s Title Policy.
So then i should see if I had owner’s title insurance down the line. Prob a long shot but u filled in the gaps.
umm, I am curious as to while I am in a trial loan mod and they are modifying permanently subject to clear title. Why would they add that clause?
Since they are not aware of any type of lien or other title matter that may have come up since the inception of your mortgage when it was recorded, they will add that language to protect their first lien position. For example, you may have been involved in a lawsuit that ended up with a lien against your home. Your lender would not have been notified of that recordation. You could have marital issues that effect your title. The lender, prior to a final modification (which, by the way, you should demand to be recorded) will do a title search to make sure that they are still in a first lien position with no deficiencies on title.
ok thks bobbi, that makes sense and that would be the only thing that would make sense out of this mess and I will demand (for what its worth) that they record this one since they reneged on 2 others that I fully executed and they did not.
good to know bobbi, thanks. I am going to review my owner’s policy very carefully
so obviously the reason to push foreclosure fraud to judgement for bank to cash in on the lender’s policy.
Lender’s can’t ‘cash-in’ on a lender’s policy unless there are title defects. The insurance is in place to protect only the title to the property – not for monetary default on the mortgage.
thks Bobbi, does that mean that I can file a claim for the original loan amt (prior to refi) if a title issue should arise
Yes, your original policy is still in effect as I said, as long as you retain title.
I got nothing with my refi, but I did have my title policy from when I bought house which is pretty much null and void at this point. I got no title policy with my refi at all which is theft in my opinion since I paid for the policy. this is another reason why they push the foreclosure so hard because if we had been issued a title policy, we would have a copy of and since we don’t, well!!!!. We paid for something that never existed!
When you refinance, whether you cash out or doing so for lower rate or term, a new owner’s title policy is not issued. A new lender’s policy, however, is required for the new loan amount even if the lender is the same one. The title company or closing agent may issue you a discount if you have the current owner’s policy (re-issue credit) against the new lender’s policy. When you pay a fee at a refinance for title, it is simply the new lender’s policy you are paying for. Your original owner’s title policy stays with you as long as you retain title to the property.
Angel I get confused if wout prejudice means they can try again. Congrats either way sounds like.
Yes sir:-) &every motion I filed has dismissal with prejudice,,,& the newest one I’m working on is emergency motion to proceed:-)
Means they CANT re-try me:-) 🙂 🙂 srry:-)
Lms u made a key point down there that there was no real title search. When I did refi in 04 I received complete title report although I did not get title insurance as we are led to believe when we’re charged at closing for benefit of bankster. All I received after loan with Chase in 07 was policy w Chase Bank USA as beneficiary.
Hammertime – understand that there are TWO policies issued for title insurance when you purchase a property. One is lender’s title and the other is the Owner’s Title Policy. One protects the lender as along as the mortgage is against the property and the other stays in effect as long as you retain ownership. Refinancing does not change the owner’s policy but if you pay off a mortgage in the refi with a new one, regardless of a new lender or the old one, a lender’s policy is re-issued for the new mortgage amount. Your original Owner’s Policy is typically paid for by the seller when you originally purchased the property but that can vary from state to state.
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title
Then a line with Lender’s coverage for full amount of principal
Then a line Owner’s coverage 0
All misleading, deceptive
Has anyone heard of the law firm BRock and Scott ?
After 6 and half years our bank filed a voluntary dismissal without prejudice yesterday
a few salted shells from the peanut gallery:
once i realized the RICO component to their shenanigans i took the step of involving law enforcement…boise police department specifically…i reported metlife…its ceo..and the lawfirm hired locally to conduct the fraud on our Courts.
you could FOIA it…Hitchin / MetLife. I have ZERO confidence in the Ada County Prosecutors office….w cause….so i did this more as a papertrail than anything else….something the CFPB and/or the Courts can point to. ‘someone felt they were subjected to white collar crime…and said something…to someone….’
i type this as i hear my 3rd service Labrador fight for her life after being mauled by a pit bull yesterday ..in the worst part of town….where we rent now…no pride of ownership.
the houses w fenced, secured yards stolen by Ocwen and MetLife were in the best part of town. american dreams decimated by corruption of our Courts and ‘leadership’… judge didn’t even show.
so yeah…if you’re going to fight, use your smarts….use the police for documentation of the crimes….pressure your PA to press charges…use the reports to build your claim with CFPB. Remember….they are the 800lb guerilla in the jungle now….and there are now ‘skulls’ on poles for other banksters to point to….so re-evaluate your path to settlement and know that I plan to report both banks to CFPB shortly…my new big brother/silverback.
fight for the light…
this may be useful full post for full effect –
and remember UDAAP, Unfair, deceptive and abusive practices if I got it right!
excerpt on transfer rules may apply to bulk transfers:
“On the other hand, CFPB examiners may consider the following practices, among others, as
indicating that a servicer’s policies and procedures are not reasonably designed to achieve the
rule’s objectives of facilitating the transfer of information during mortgage servicing transfers or
properly evaluating loss mitigation applications.
As a result, the servicers required borrowers to submit additional paperwork or to provide copies of financial documents they had already submitted to the transferor servicer. These servicers also subjected some borrowers to substantial delays while reunderwriting their loans. In some cases, the borrowers subsequently received a new modification with inferior terms, and in others, the servicer actually conducted a foreclosure sale. In all of the cases discussed above, CFPB examiners concluded, based on the particular facts, that the servicers had engaged in unfair practices and directed them to adopt policies and procedures to prevent continued unfair practices in this area and to remediate harmed consumers. CFPB has previously publicized these findings in Supervisory Highlights.8 Certain CFPB examinations, which occurred prior to the effective date of the new servicing rule, found that these practices violated the UDAAP prohibition; under the new servicing rule such practices may also constitute violations of 12 CFR 1024.38.”
Links on page – http://www.consumerfinance.gov/guidance/supervision/manual/
We released Version 2.0 of the manual in October 2012. Since then, we have released new chapters and/or updated chapters, as listed below. Please review the list below to make sure that you are referencing the most recent version of the chapter that you are interested in.
October 1, 2012 – CFPB Supervision and Examination Manual – Version 2.0 (PDF)
Updates in reverse chronological order are:
September 15, 2015 – Mortgage Origination exam procedures – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 – TILA Procedures -TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
June 10, 2015 – Automobile Finance examination procedures
May 4, 2015 – Mortgage Origination examination procedures – Superceded on 9/15/15 (see above)
April 1, 2015 – RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
April 1, 2015 – TILA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
February 18, 2015 – Credit Card Account Management examination procedures
May 2, 2014 – Examination report and supervisory letter templates (and cover letters)– revised format
January 10, 2014 – Mortgage Servicing examination procedures
December 3, 2013 – Education loan examination procedures
November 27, 2013 – RESPA procedures – home ownership and equity protection (January 2014) and mortgage servicing requirements (January 2014) – Superceded on 4/1/15 (see above)
November 27, 2013 – TILA procedures – Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (June 1, 2013), Loan Originator Compensation (January 2014), Ability-to-Repay/Qualified Mortgages (January 2014), High-Cost Mortgages (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 4/1/15 (see above)
October 30, 2013 – Updated Regulation E examination procedures (including remittance transfers)
October 22, 2013 – Remittance transfer examination procedures (Other resources to help you comply with the remittance transfer requirements are available here)
October 9, 2013 – HMDA resubmission schedule and guidelines
September 17, 2013 – Short-term, small-dollar lending procedures – military lending act
July 19, 2013 – ECOA baseline review procedures
June 4, 2013 – ECOA procedures – appraisal and valuation requirements (January 2014)
October 24, 2012 – Debt collection examination procedures
Learn more about the previous updates to the TILA, RESPA, and ECOA procedures in our June and August updates.
Questions about the manual should be sent to CFPB_Supervision@CFPB.gov.
This examination manual provides internal guidance to supervisory staff of the CFPB. It does not bind the CFPB and does not create any rights, benefits, or defenses, substantive or procedural, that are enforceable by any party in any manner. While every effort has been made to ensure accuracy, examination procedures should not be relied on as a legal reference.
Awesome Post Hammer! I just copied & pasted it to my files for research! Late tonight I’ll be heading back to the CFPB for more reading!
yes me too, im glad we all have each other to learn and get encouragement from. We are a one man army against the terrorist banksters.
I 100000000000% AGREE:-) 🙂 🙂 🙂
yes I am facing a time my self I ‘been lied to by Owen they sent me a letter saying that I owe 2.800 come to find out all that was put in bankrupt was274.00. later learn that they did not file they have stop payment cause me to become 8 payments behind and I have never miss payment in 3 yr.’s until they stop my payment’s and cause me to be delinquent is this even legal what they are doing now I’m facing foreclose .
ahh the stall tactic to put you deeper in debt. its part of their way to extort you. you have to prove that they purposefully delayed you or they have miscalculated their paperwork. by what youre telling us is that if you files bankruptcy and they did not declare all they claim you owe, I would think it would be exempt but I don’t know bankruptcy law. talk to trustee or attorney if you have one.
u r welcome and good luck, no need to feel any shame at all, we are all victims on this site.
🙂 this is the best site created:-) &I know that,that’s why I come here almost daily,,,I get charged at times from the info,×(mostly) I read & pray,,,sometimes I get scared at how long some have fought,like omg this is never gonna end,,,,,but mostly I’m GRATEFUL,hate howI’ve met yall,,never less I’m grateful &wish ALL YALL resolution:-) 🙂
THANK U so very much yall:-) I’d go insane if I couldn’t talk to/about wat I feel as shame,,,,&I shouldn’t…but y’all know what I mean,,,ALL of your advice is sooooooo appreciated 🙂 🙂 🙂 DONT GIVE UP,CA– USE I’M NOT:-) 🙂 🙂 🙂 🙂 🙂
oh my, you really got a fraudulent trail of paper in my opinion. see they file crap after they put you in foreclosure. did they backdate it? who signed it. I had a blank endorsement and the person that signed it had nothing to do with mortgages. worked in credit card dept. what a maroon!
I would show judge payment history and the bank cant raise your insurances (unless force placed). flood insurance can get exempted or you can pay that on your own. I got Chase to exempt me from flood insurance because I am above flood level obviously or else they wouldn’t have. I had to go to my city and get them to sign some stuff plus give chase a copy of my survey and the fema map. sounds like they were just trying to price you out. I try to shop around if I can especially in florida with windstorm and I make sure I am getting all discounts that I qualify for which really does not make a lot of difference but it helps. you do have a difficult situation, but do not let chase bully you out of your home which I know is hard because they are the worst bullies out there.
Yea I done all of that,they still kept attaching policy’s,ruined us,then 2013 got a letter from chase I’m no longer required to have that ins.DUH….but damage done,&had been in foreclosure proceedings 3yrs at time of receiving that notice
NOT “Duh”, You DEMAND an ACCOUNTING….since THEY were mistaken in overcharging, they Must Refund and Credit Your Account (IF they still even have authority to HANDLE Your Account?). That NOTICE Needs to be shown to Your Court, on top of everything else I’m reading here.
Actually LMS,
They can’t raise premiums PERIOD (we went through this w/WFHM, about 2 DOZEN Times, where they were committing Insurance Fraud against multiple Insurers for Flood. We had a Policy, they instituted an ADDITIONAL One to cover the ‘shortfall’ between Loan Amt. & Max Premium. (which was totally illegal, the FEMA RULES are for a reason, Maximum Coverage is for the STRUCTURE, not the LAND Value (same for all homeowners/hazard insurance policies) BUT, since the Second Policy was through THEIR Company….well, who’s really paying attention, right? Well when OUR payment went up $200. a month for the increased Escrows, I DID. & I Went to the State Ins. Commissioner, AG, and more….in the end nothing was done. But the Point is that they CAN and WILL (Just ask David Lee Ham who prevailed in the 1DCA) slap forced placed policies WHILE YOU HAVE FULL COVERAGE of everything You can Lawfully INSURE, already in Place. & NO, this wasn’t a WF only stunt….Nationstar, BoA/aka CWHL & more did it. Folks went IN TO FORECLOSURE fighting the stunt!
yes it will end. It sounds like it is just cat and mouse and they don’t have standing and cant prove anything and they know it, but who knows what is being fabricated behind the scenes. Tell the judge, you want no more stalling and also I would point out those 15 times postponement. I m surprised the judge has not pushed it forward so you need to. Sounds like you are prepared and they are not.
I would never accept anything less than a warranty deed from a seller, but these days even that is questionable.
Just so everyone here knows: Fannie, Freddie or any other lender that is selling a REO property will NOT issue a warranty deed. The reason being (they claim) is that they are not the original TRUE owners and therefore have no knowledge of the history of the property. I do find that odd since most likely they WERE the lender who would have required clear title when the mortgage was closed! So, right there tells you that they already KNOW there’s a boggyman hiding in the woodshed.
The only assignment of mortgage appeared a YEAR after in foreclosure & was created by the law firm who initiated this foreclosure,I researched the people on it,notary,etc they’re ALL JP MORGAN CHASE EMPLOYEE’S???& assignment wasn’t recorded,
that’s just what I have been saying on Neil’s blog about title. with all these securitized loans, whether its a foreclosure or not, whose to say if you get a good title. but in florida, once foreclosed, the clerk issues a “certificate of title” to further the fraud in my opinion but the new homeowner kind of like gets an insurance policy from the court that the property is free and clear, but really sounds like the title company did not do a true lien search or you would have known prior to buying the house and you would have probably backed out of deal. Obviously your title insurance policy became null and void once the bank declared you defaulted so they had to set you up like that by saying you did not have insurance and they force placed it at an astronomical rate to throw u in foreclosure. mother******! did you get a title policy? These title companies are worthless too.
what kind of deed did they issue to you?
I have the note,special warranty deed,REO deed I have three items total.
Angel, file emergency motion to proceed, don’t let them stall while they try to put their phony story together. If you are prepared enough, I would take them on, no more delay. I am sure the judge will be glad to end it. What are their stall tactics? If a trial date has been set, the judge really does not like to wait. Tell the Judge lets move forward and it they get judgement and you want to stay in the house, do a motion to mediate, or have a loan mod option after judgement. I did and that is why I am still in my home for now. Be prepared, I don’t know what state you are in, but there is life after foreclosure judgement. Have a plan B ready to present to judge if the bank gets judgement but only if you want to stay in your home. The longer it goes on, the longer your credit is damaged and in florida there is a civil procedure that you can open the case back up and may get the foreclosure reversed. its almost like they have to get the foreclosure judgement to collect on their insurances to pay whoever(probable themselves because they are so greedy) or to prove there was actually some kind of transaction period, no matter how inequitable it is. You understand what Im thinking?
THANK U:-) that’s exactly wat I will do,,,stall tactics to date,15different lawyers/firms,every new firm,I have to start over,I’ve done discovery 3times now to three different firms,they step up make demands I comply,they disappear…boom new one,,,,its crazy &I’m pro se.,,,should of been from day one,I’ve moved it further than my lawyer did,I’ve been in litigations now almost 5yrs????????no sale date ever,,,newest tactic plaintiff is trying,motions & I answer right back with my own,he calls & withdrawals his motion???????I mean my god,I need this to STOP!!!!!
you need to get your paperwork from insurance agent because if you signed up for escrow, you would get a copy of insurance statement that is forwarded to your mortgage company to pay. Surely your agent would have copy that insurances are paid since the policy generally gets mailed to you from your agent and if you do not get a copy of declaration showing paid then you would have been talking to your agent asking where is my annual policy. Wow you really got hit bad, but stay on them.
Got it,& yes my monthly pymts broke down as follows,598.98 principal/interest,252 escrow,escrow was to pay ins,taxes,etc…I made my pymts,chase used them as their personalpPiggie bank.I had ins,raised my coverage 2x’s ALL to stop un-needed flood policy attachments,didn’t work…tried to refinance to get away from chase before credit was destroyed,couldn’t collateral title issues,not vested ,,&chase flat destroyed our credit,,,,
I agree hammertime, its really her word against theirs. That’s why the closing docs she has could be real key. you know the bank has nothing. I would be curious to see what Chase uses to prove standing which we can all pretty much agree,will be fraudulent.
sounds like freedom mortgage is a broker and sold to chase but they still should have recorded the mortgage you signed at closing followed by a recorded assignment to Chase. They really have kept you in the dark. You have to watch the clerk of court website. Make sure they don’t try to record some phony paperwork after the fact. I have seen the MERS paperwork recorded. Did you get a deed to the property? With the courts the way they are,its easy enough to push any fraudulent docs thru the court, recording dates don’t seem to matter, but I would be interested to see what pops up under your name in the clerk of court website ( if anything) bank attorneys may think they have a slam dunk foreclosure waiting in the wings. With nothing at all recorded, anythings a wild card.
No Black horse financial was broker,FREEDOM MOTGAGE was lender,Chase was servicer I have all my papers,kept everything,including monthly mortgage statements….Chase breached loan agreements by force placed flood policy’s not needed,14 policy’s,in 11months & removed funds from escrow acct to pay for these,2,000 a piece,,chase created a shortage in my escrow acct & placed me in foreclosure,WITHOUT missing monthly pymts…the fraud in my case is sicking!!!!!
I’ve gotten a print out of my property from clerks office since this has began,,I have each yr,owners still say fannie Mae,we bought this from Fannie Mae 2008.it was a foreclosure retrieved property,I should of RAN…..thought we did everything right,had a broker,realtor,approval letter,credit,now WORST MISTAKE OF MY LIFE!!!!!LIVING NIGHTMARE:(
Angel sounded like you were shocked after all this lol Sounds like uve fallen through an even bigger crack than most in terms of paperwork. If tgere are no docs, recordings and ur not documented homeowner how can u be in a foreclosure court? You should be filing criminal fraud or complete dismissal but nit legal advice.
We had a lawyer for 2yrs,we fired him!!!!! All he did was change law firms &take our money,,he did NOTHING,he didn’t challenge Nothing,he started off strong,Words only,,he changed to 3different firms within two yes,,,,as to dismissal I’m trying!!!!have been now for awhile,ALL my motions include all the seek dismissal with prejudice,,,motions are in abeyance due to stall tactics by plaintiff
not even the mortgage docs? I would show the judge the closing docs if you have. It should be on your HUD statement. You were clearly defrauded as we all were, but even more so since you went thru MERS probably. If your mortgage and note would have originated with chase, it would have more than likely been recorded as such as mine was. In my case, chase used the fake POA to turn over to Fannie Mae. That was the stall tactic they used on me. They have clearly always held my note and mortgage (cant say too much) but they tried to pull that line that Fannie mae was the investor, but I was part of the WAMU and Chase merger which is a mess in itself.
As I read this I must share tha as of today, October 21,2015, it’s all still going on and nothing has stopped….MERS is still alive and well and the funding banks upon closing, the loan is pooled and sold!!! My son just bought a home and MERS is listed as the nominee for the lender??? Nothing is different with these fraudulent foreclosures, sorry to say
agree! no end to the corruption in sight. they have to break up the lending and investment banks. There should be no connection at all!
MERS has clouded title on over 75,000,000 properties to date, and while we scream to have Glass-Steagall (from 1932) REINSTATED because that’s the ONLY way all the value in EVERYTHING doesn’t get ‘securitized’, sold in to Trusts, and traded (& bet against) like rubber checks. Reading Banking Websites, here’s where we’re at:
Commercial Loans are being sold in to these Trust Vehicles.
AUTO LOANS are being sold in to these Trusts, and here’s where it gets REALLY CRAZY,
even LEASES are now being (as an UN-COLLATERAL-IZED / unsecured) ‘Securitized’, which means the Trusts are betting on all theses LEASEE’s Make ALL their Lease Payments, or “Poof” out come the insurers again to settle for the Trusts?! Folks we’re (and worse, our children and GRAND CHILDREN) getting SCAMMED With Every New Traunch, in Every New Trust these mega-banks create (which are by the dozen, per day, containing tens of THOUSANDS of Loans, each).
So ldynps, You’re absolutely right, albeit in understatement; They’re creating more debt than the world will be able to repay for a hundred years, if they keep up at the present pace, that creation will have been in 20 years, total. That’s all the time it took to bankrupt the world and leave Capitalism on the ash heap of history. I understand the mindset of the socialists screaming for bankers heads on sticks now (as a former banker myself). Just know ALL the major players in BOTH Political Partys supported and were enriched by this debasing of the value of ‘everything’ we consider to be of value.
EXCELLENT post Mick. Education is the key and securitization and collateralization are not understood by the John Q public. We definitely need to bring back the Glass-Steagall Act or the economy is doomed along with this country.
No doubt Hammertime and Angel, Chase is head over heels in fraudulent paperwork. I am just waiting to see what else they want to forge in my name. They just keep digging themselves deeper. I say sit back and observe because at some point it will be so deep that hopefully they will not be able to get out and hopefully the govt. will stay out of it next time and there will be one.
Angel they can do whatever they want and you need to understand they’re trying to get away w crimes against, you need yo answer like lms is saying and charge them with their forgery or whatever criminal act. Sounds lije Chase is getting worse, they sent different originator to OCC and completely screwd up transfer to PennyMac. You nay want to review CFPB rules for violations.
They can get confidential papers that DONT pertain to that bank ANYWERE on what grounds? & I have plenty of exhibits included in the motions WAITING IN ABEYANCE,plaintiff has pulled stall tactic after stall tactic,,,but I’ve complied with EVERY request from plaintiff, & they have held me waiting for summary judgement motion they’ve claimed is coming for 5months now,,,no motion came only subpoena notice that I filed motion to quash,,,this CANT be legal right?
you are supposed to receive a copy of all the docs you sign at closing prior to closing. I would look at those if you have. I would not give them anything that they can use against you (not that you would ) the way things are, they could take your confidential papers and doctor them (if you know what I mean). It is so crooked. Save you real ammo and go to federal court if you can. However, I don’t know how a judge would perceive that, maybe ex-parte kind of stuff, u know one sided like, but they play dirty so we have to. Call their bluff if you can!
Ims53 we didn’t receive any papers other than loan app,ALL documents were signed the day we closed,two sets,,,,one stayed with me,other went with signing agent,lender of my only mortgage was Freedom Mortgage,they were to RECORD my note/lien/deed…..NOTHING was recorded,,,,paid on my home 3years,¬ listed as a homeowner anywhere but I’m in foreclosure,&have been since 2010…still in my home,but a prisoner,,
I have in my motions,false claims,false cause of action,forged documents,fraud on the courts,fraud in the indictments,no standing,invalid chain of title,I’ve raised the fraud in my case in courts,now waiting…….
This was 2 Hammer time,it replied under me but meant for you hammertime:-)
Angel I would subpoena the closing agent. They know where your file went, (i.e underwriter, etc). I am not sure why the bank would subpoena your realtor. They don’t know anything, but the closing agent would and you might can get some info. from them. These title companies knew what was going on. They were cashing in on these loan shark feeding frenzie as much as the bank. They do the HUD statements.
They subpoenaed my realtor because my realtor was at signing of my home loan to another bank NOT chase,chase is trying to say I had loan w/them,NEVER HAVE,,my realtor filled out witness statement of signatures,initials she witnessed & they don’t match what plaintiff submitted to courts as originals.
I included her witness statement as exhibit in motion I just filed yesterday:-)
did they have an assignment recorded to chase? If not, its 100% fraud in my opinion. Sorry I cant be more help. I signed my note and mtg docs with Chase, but the note and mtg appeared different ( and I will not say how as I am planning on using it at some point) than the one they recorded in the clerk of court, but I would still ask the title company where the paperwork went initially. Who was the original bank/lender?
IMS53,,No assignment recorded anywhere,bought this home in 2008,NOTHING WAS RECORDED.
I have a question,I received notice of subpoena to my realtor from plaintiff,(chases counsel) 5 DAYS ago,filed motion to quash subpoena on grounds of confidential papers plaintiffs were not involved in,& more exhibits showing the fraudulent actions trying to establish standing they don’t have,well just received email from plaintiffs counsel saying he received the file from realtor?????I filed motion to quash this subpoena YESTERDAY????? IS THIS LEGAL??????
Received notice Saturday,filed my motion yesterday??????
Alright Trev! Finally no gloom & doomer
Ben, I am with you. You are right, now is not the time to walk away.
The waters are very favorable for justice in this Chinese fire-drill of a carnival i have been watching now for 9 years. Let me share some very + news as of a couple hours ago….and Lord knows it’s been a while and we need it.
my second home stolen was a charming 2bed… corner lot…super exposure….close to everything…historic…a gem. David Applegate, former ceo of american home mortgage…after 20 months of chaos…finally agreed to offer me a loan mod…that was on a Friday in 2012.
The following Monday my 10 year investment…my home..was on the chopping block. Thanks Dave….now he is CEO ?? of fannie m.. Hmmm….
anyhow…i learned today that CFPB nailed Ocwen w a $2.125 B relief sanction. $125m in cash to those of us screwed by Davey boy…. I submitted my claim…today…nearly 3 yrs to the day. could there be light at the end afterall?
I do not lose my right to take them to Court if I do accept a settlement….same with FretLife…who..bytheway…is forever barred from writing home loans…karma. so justice shows up….late…years late for some…but she shows and she gives me hope. CFPB is the big kid on the block now…w very sharp teeth.
so chin up campers….its a new dawn & the wind is at our backs. I hope to report a win or two when this dust settles…. MetLife is going to come back to Idaho for our day in Court. This time WITH a judge present. No more RICO deliverance games. time to put your big boy pants on.
Never give up or in…. ever.
The bigger they are…..
peace.
-zilla
cheers… yeah turned a major corner in my own recovery this week. life goes better w O2.
wanted to say one more comment about the sleazy…crooked attorneys who molested our Courts….knowingly…and who turned their own j.d. degree into a cold bowl of sludge.
i made the decision to contact Idaho Bar & the Judicial Review Board. The way I see it…a no show Judge should never be a Judge in the first place…. and lying attorneys to me are like drunk drivers….they should both be arrested.
In idaho there is a pool of money most attorneys pay into….like a crime victims account. I would STRONGLY advise you to make contact w your State’s Bar and get the facts and forms….then decide.
I wont make any friends but you know….they did this to themselves.
Integrity matters. Good luck all!
I agree we need to keep complaining to our local, state, and federal authorities, but I disagree about contacting the Bar Associations, I just spent more than a year filing a complaint with Florida Bar Association, I even had the President of the Bar involved in my case, and I saw first hand how corrupt the Florida Bar Association is, I went thru the whole complete complaint process, and most people don’t complete the process, because it is so time consuming, it is a maze designed to wear you out, and make you give up your complaint, the truth is the Florida Bar was created to protect incompetent lawyers from the public, I absolutely saw first hand how the Florida Bar Association will go to any extent not to reprimand there lawyers, even for criminal behavior like my Lawyer demonstrated,
Hi Mr.Howard:-) if I was you,I’d go above Fl,bar association,each state has one but you contact the higher up’s,,,all have someone above them,with more power,&can assist if enough similar complaints surface,,,&yes its time consuming but if you stay the course you can make a difference & bring these crooks to answer their wrongs,while being punished or dis-barred.the more people report to ALL ears they can,the less these lawyers have rein to play this fraud closure game NONE OF US chose to play:-) 🙂 I say.6 6 million Americans lives are flipped upside down RE-STARTED all new complaints,& it will start new wave not easily ignored…keep these crooks CRIMES IN THE LIGHT:-) best of luck to u sir:-) &DONT give up:-)
They had cancelled all of the court dates in June and July with nothing in the future. I have one of the best law firms representing me but I had texted him about 2 weeks ago and never heard back. This has really taken its toll on my wife she tried to commit suicide back in February.
Yep! Still jaggin’ around with these guys.
Anne, now you’re a “state court loser”, and you can sue for damages.
My first post on this site: after four years of litigation & 103 motions the bank was given summery judgment . The trial was a mind-boggling exercise in futility . I was represented by a well known , respected law firm, and had FACTS from paperwork to prove every word of my testimony.
Fast forward one year – the sale was granted a stay, an appeal was filed with the 3rd District Court. Today I lost my home – our appeal was denied Per Curium.
Now I can speak my mind : I purchased my home in 1997 and refinanced with GMAC in 2004 . From December of 1997 until December of 2008 I HAD NEVER MISSED A PAYMENT. Not once . In fact, I was pre-paying the principal down by $200 to $500 every month.
My servicing was transferred to Nationstar Mortgage on December 1st 2008 – they told me that first payment had not been received, and placed my mortgage in default within 45 days.
I had in my possession literally every single document from the day I purchased my home. At some further date, with the approval of my attorneys I would like to place my trial transcript on the internet as an example of what can only be called a disgrace to our justice system.
I will say goodnight but not goodbye , and to my attorneys who asked me on day one :” If you have a case we will fight for you, if you are trying to stay in your house without paying your mortgage , we will not accept your case” .
I thank you .
DEBT COLLECTORS! they bought our home loans even though we were not in collections or late in our mortgage payments the “banks” decided to open DBO-DBA’s debt collectors eg..COUNTRYWIDE-RECONTRUST-IMPAC..HOMEQ-AMERIQUEST-OCWEN-Altisource-.. did everything possible to make our loans late and in default! plus the famous “loan Mod” scam! shame on our government!
I feel the same way u do Angel. Seems there is no end to the criminality of all this and no one in jail. They should lock the lawyers up with the banksters and throw away the keys. When will they learn people’s homes are not a commodity on Wall Street. They will never learn as long as no one goes to jail.
I 100% agree,,the normal consumer pulls this kind of fraudulent actions they would be locked away immediately!!!!!I say keep the complaints flowing,the MORE saying same issues the better the chances of hand-cuff’s slapping the BANKS,FORECLOSURE MILLS,a.k.a so called ”ethical” law firms..write congress,your state reps,&MOST IMPORTANT,,,BAR ASSOCIATIONS,,get these lawyers under microscope,I will NEVER stop until I have resolution.I wish all y’all the strength,peace,resolution,,,,JUSTICE:-)
Hello,I’m STILL in limbo,have been fighting for 5yrs,&the ONLY victory to date is,I’m still in my home &have managed to keep one of the BIGGEST banks in the U.S at bay,,,I’m in NO WAY giving up/in…my American Dream was shredded but not gone,my life is NOTHING as before,the damage/toll I pray will heal,to all y’all fighting Fraud closure don’t stop,read as much as you can,arm yourself with knowledge against the legion of crooked unethical lawyers,&file complaints to EVERY ear you can,,,it will make a difference to your cases,,,my question is ”WERE ARE THE LAWYERS SEEKING JUSTICE NOT LINED POCKETS???guess the saying is true,”Honest people CANT afford the good ones.Good luck to all you all,I pray we all have peace,love,resolution:-)
I’m ha ing a real hard time understanding why my case hasent been thrown out. My case is about foreclosure fraud not a loan mod . I revieed the complaint and within 30 minutes found so many discrepensies With the complaint they filed a copy of my original mortgage that essential with them. Then they filed a lost note under the statue without showing the transfer of the instrument. They claim the note was lost sometime between 2006 to present There many other issues as well. Can someone help to understand why this has been going on for 7 years
Kent – It is hard to comment precisely without actually seeing the documents relative to your case. It sounds like “they” are trying to “create” standing. In an earlier post, you indicated that you consulted with an attorney and that he advised you not to help “them” do their job. Meaning … why pay your lawyer to go into Court to what may amount to helping “them” correct their paperwork to perfect a foreclosure against you? You also indicated that something was “cancelled” (?), so it is hard to provide input without all the information. If you retained an attorney, he/she should be answering all your question(s).
I am new to this board. I have fought the DEMONS of GMAC and its gang for 15 years. 4 months ago I happened to be just looking around and came around all this information. I was so blown away!! I have 15 years worth of fraudulent documents. My very first is the very first sale from Sebring Partners to Residential Funding and Judy Fabar was the first signature. I have so much fraud in every way possible. Robo Signers, loan modification, fraudulent foreclosures, you name it. I have just now begun to take it on. Wish me luck!!
Kellie , I feel free to write now after many years of court cases , a summery judgment and now a lost district court appeal , I have been through it all.
The paperwork you have is extremely important. Collect everything , make copies and keep the originals somewhere safe. Everything else should be placed in binders according to year and content : insurance , tax , correspondence (staple the envelopes to the originals). Every conversation needs to be documented :date , time, person , extention , subject and length of call.
But something even more important ; this is a public message board. Although we are trying to help each other , it cannot be stated enough : DO NOT disclose your personal information. Just as you and I found this board , attorneys and para-legals defending banks and servicing companies are looking too.
The paperwork you have is YOUR CASE , and believe me ,the mortgage companies have no paperwork . Ask general questions without giving out details.
Seek and ye shall find. Poke around on your county records site , put in your last name and first initial, in all categories for the time frame. It will take hours , don’t give up !
Then using the same public records search , put in the mortgage company name using dates to narrow things down. There will be hundreds if not thousands of documents. You might find yours (it will not have your name, but can be recognized by your lot number or plat book page of record ).
It is on these assignments and deed records where you will find signatures.
Also – when you are looking at Company assignments, look at other peoples records occasionally. You might get lucky and find a signature for comparison.
Good luck. Never stop learning. Believe in yourself .
And most important : Don’t let this fight become your life …
Yes just another conspiracy to steal out the last ones standing who did not fall completely into the banks and dirty attorneys never ending pockets. Hold on to your homes and money. If u have made it this far. I would say you have enough against the banksters and yes forget your local court. Federal is the way to get them to take notice
I’m having a really hard time understanding why my case hasent been thrown out. It took me about 30 minutes to find many discrepancies in the complaint. My case is about foreclosure fraud not getting a loan mod. The biggest thing is they show no transfer of the instrument to prove they own the note. The only thing attached to the complaint is a copy of my original mortgage that wasn’t with them. They are claiming lost note under the statue but with nothing to show they own it. There’s a lot more they haven’t even proved standing. Can someone help me to better understand what’s going
I askedy attorney about getting them back in court since everything has been cancelled and was told we aren’t going to help them do their job. What does that mean ?
The banksters will reap what they sow. Never has there been such lawlessness in our nation. Their evil days are numbered. Look at what happened to chase ceo
I am convinced after over 4 years of fighting this that you are fighting a rigged game. The circus of lies and scamming is pure insanity and the judges, lawyers, banks would be I guess actual demonic people obviously in on this scam. They steamrolled foreclosures just like they steamrolled us when they created this mess on purpose. Their secret brotherhood is sickos. When we had the chance finally to view our completely forged actual note at the banks attorneys it was like a frantic scene we had security seize our phones and were told no pictures can be taken in the building or we could not see the document or the police would be called lock doors security. When the document was finally revealed it was literally a movie scene and the special effect was the note that anyone in their right or righteous mind would say thats fake. A doctored document, a fresh yellowing from the florida sun. I flash to the scene some Glen Gary Glen Ross type guys tanning sipping martinis and they are tanning with all of our notes laughin and laughin money and cigars tossed around. The document was just like you left it in the sun and then the staple massacre this poor fake note was stapled to death because obviously its been handled and restapled at the studious banks over 10 yrs. 4 pages pulled apart and restapled over and over.Fast forward to judges hands. Two completely obvious different signatures the yellow blatant forgery and a blatant corrupt judge in on it that would be Judge Mcgovern NJ actually he would not even allow me to speak and threatened me to not speak in my day in court after all these years.This judge looked at this and let the bank steal a house how do they live with themselves? The evil astounds me
From first hand experience they are all in on it your lawyer too. In cahoots conspiring its the quintessential greed movie. On a positive note an awakening is taking place the world is groaning and yearning for justice. Soon each and every evil liar that has a hand in stealing your homes will be reaping what they have sown. Habbakuk
5 “Furthermore, wine betrays thehaughty man, So that he does not stayat home. He enlarges his appetite likeSheol, And he is like death, neversatisfied. He also gathers to himself allnations And collects to himself allpeoples.
6 “Will not all of these takeup a taunt-song against him, Even mockery and insinuations against him And say, ‘Woe to him who increases what is not his- For how long * – And makes himself rich with loans?’
7 “Will not your creditors rise up suddenly, And those who collect from you awaken? Indeed, you will become plunder for them.
8 “Because you have looted many nations, All the remainder of the peoples will loot you-Because of human bloodshed and violence done to the land, To the town and all its inhabitants.
9 “Woe to him who gets evil gain for his house To put his nest on high, To be delivered from the hand of calamity!
10 “You have devised a shameful thing for your house By cutting off many peoples; So you are sinning against yourself
Tell your judge he is sinning against himself!
Excellent post!! I still say and will continue to say it is NOT in the Court system that we will win. Bring it out, out to the public, out to the masses, out to the media. Let your voices be heard. The courts are corrupt. I repeat: The courts are corrupt. Judges are attorneys first and foremost and who do you think they will owe their allegiance? to some lowly borrower who stands in front of them? or to the many attorneys surrounding them and who fill their coffers with campaign funds? I am cynical and know why? We have placed more emphasis on racial issues than we place on humanity as a whole. Who’s in the news? A family that is thwarted from their home, deprived of their wealth as a homeowner, a suicide from a forlorn victim of false foreclosure? NO sir! We’re too worried about the man/boy with a crimminal record a mile long who got shot while committing yet another crime and whether that will bring on racial violence. It is absolutely beyond all human comprehension that our focus is so far outside of humanity. Pal stated the facts in the post, an awakening is taking place and it isn’t at the set of the TV show the ZOO! So, my friends, be prepared, but do your diligence in revealing these acts to ALL peoples.
ldynps: I have come to the same conclusion after many years and helping many people in many States. Would you please contact me so we can compare notes and strategies.
Anyone wishing to participate (means to contribute, has knowledge and experience, not to ride coat tails or get schooled, suck energy etc. We have many places available for that. This is to make it happen without all the BS, paytridiot stuff or contel pro junk! Thank you) send a note to truthmonger6@gmail.com
Make initial contact to be vetted (have some stuff of your own to show you have the knowledge, experience and the balls to follow through!)
To all the rest remember the game is not about truth but forcing the players to play by the rules. Or as I have learned “To box them in” so there is no place for them to go but where the law states they must go. Ultimately at this juncture it is apparent that no court is going to put any of these players in jail, so go for the large settlement by putting together a prima facia case of criminal acts (read the elements of RICO and 42 USC 1983)…. work the State courts to gather your evidence, exhibits, self-authenticated documents of the fraud and collusion (do not rely on discovery in any court!! if it is detrimental to the banks or the attorneys, however by playing stupid victim and clever information requests where what you’re really looking for is hidden, and they think you are not a threat, (does not go to the legal department) one can gather substantial amounts of dirt).
I have managed to help a reluctant, refuses to study, invariably waits till the last second to throw together something, won’t do the simplest thing like send one page letters I have dictated, explained, re dictated, and in the end actually wrote the damn thing for him, one page letters to various parties for over a year, and still managed to keep him in the house for over three years. So do not discount the power of the private!!!!
I have managed to keep four businesses from throwing me out of one house after fraudclosure over 5 years ago, by presenting the fraud that is so obvious on the record and they take a pass, hand it off to the next one. (they have no interest in any court battle themselves, so they move on to easy targets who refuse to turn off the TV and actually read the law, procedure etc.)
Remember, it is all about the little guys making a buck!!!! If they know it will take them months of litigation (remember that a fraudclosuer does not take away your other rights to the use of the property only a decision of the court as to the “equitable value”. They still need to do a writ of possession (which in many cases they completely skip, because you can start the whole process over again since they have no true claim or “right” to the property and you can fight them off for many years there too). When the low life schmuck who has already sold his soul for a JOB and the alleged “security” that comes with it, finds out he has to put work into something and actually “take” the property from you, they tend to go elsewhere. I show them the fraud and by laying it out properly along with things like 18 USC 241, 241 and 4 (misprision of Felony) and that I will be making them defendant….. because now they cannot say they did not know and became a knowing party to the crimes.. tends to dampen their spirits)
Turn the tables on them… they rely on people wanting to get it done and over with and not learning, getting frustrated etc (yes I went through all that and the depression for years knowing this is the very same country which I volunteered to put my life on the line for the protections of “Life, Liberty and Pursuit of Happiness” and is now the worst enemy we have… ourselves) But if you realize this is your newborn child which you need to raise and learn as you go and are in it for the long term you will be able to frustrate them, cost them precious resources, time etc and all the while craft-fully gathering prima facia evidence to be used when you’re ready to make your suit, your whole attitude will change form Victim to Victor. So be a “winner not a whiner”..
Once corruption no longer is profitable it will cease!!!!!!!! And by suing for millions (a friend mentor who has brought them to the payoff table in every property tax, theft of property under color of law, case he has filed) sooner or later the “Cost of doing business as usual” will no longer be “cost effective” and why not put a few buck in your pocket along with keeping your home. The payoffs to the judges and the leverage/power will cease and a huge wave of criminal charges will result.
Remember, THIS IS YOUR COUNTRY, YOUR JUDICIAL SYSTEM, YOUR COURTS, YOUR STATE OF AFFAIRS, YOURS NOT “THEIRS”!!!! IT IS YOUR MESS, YOUR RESPONSIBILITY, AND YOUR DUTY TO CLEAN IT UP FOR THE NEXT GENERATION!!!!
THE RIGHT TO HAVE AND BEAR ARMS IS A FUNDAMENTAL RIGHT, TO HAVE THE ARMS OF THE LAW AND BEAR THEM AT EVERY OPPORTUNITY!!
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Blessings… truthmonger6@gmail.com
Thanks DAV. Just being in the fight this long is a victory. Best to you!
roger!! how are you are you still in the fight? I am still as well
Tony depending on the state bank tactics have been to change jurisdictiin to federal courr for their advantage. Could be matter of state laws being stronger in some states or grinding people down witg their deep pockets or even specific judges history being pro bank. When you’re fighting for years and know truth of the fraud done to you hard to see how buyout Is a good deal. If you don’t have the facts or conviction or are looking for a way out of the trap getting something insteas of getting completely steamrolled could be the choice that has to be made. The only way to compare is if same issues, court, judge it seems..
If the courts are corrupt as e say they are a loss can be a win. This is a bigger fight than the buildings, “wins”.
Roger Chase also breached 2 loan mods with me that have never been told to the judge in the local court. I am in a loan mod again and waiting to see what the final mod will look like. If not happy I will expose them in the local court or federal court. Which is best? I was also part of a class action with chase for breach of contract and received nothing. They paid their way out as usual. I still have a couple of tricks up my sleeve too!
Fed court could also be a trap. You need to check out court like WA advocate lawyer said. Best way to turn the tables is TILA rescission. Check out Garfield’s post today.
https://livinglies.wordpress.com/2015/08/31/when-does-the-three-years-start-to-run-how-the-chain-of-claims-is-pure-wind/
Hammer, How can the fed court be a trap? Please explain as I’m considering filing one in fed court. My friend filed one via loan lawyers in Broward and got a reasonable buyout offer.
Bobbi I have Ice Legal
Possession of a furged document is a class 2 felony. Why aren’t these people being prosecuted
Because the banks have convinced the US Government that if they go down for this crime, which is the largest crime to EVER be perpetrated in the HISTORY of the United States, then the US Economy will effect the entire world, the oceans will overflow and the mountains will crumble! There can be no other reason that this crime is being allowed by the Courts and Judges! It’s beyond what many on this site even know…file lawsuits against the banks attempting to steal your homes in Federal Court…the lower Courts are NOT the way! I know this because it happened to me on 2 homes, one in California and one in Florida….same story in both States! My suggestion? STOP fighting in the Curcuit Courts and District Courts….Step up to the Federal Court and accuse the banks of using forged documents in order to win your home, which by the way, has been paid in full by the “DEFAULT INSURANCE POLICIES the banks took out on every single home they illegally past through the banks replacement to the County Recorder, MERS…63 million homes people…this crime will take some 20 years to grab that many homes!! STOP your nightmare by searching for Notary signatures, IT DOESN’T MATTER…STOP thinking you will get justice because all the fraud you found….it just doesn’t matter!! That’s what I learned and I share with everyone who is going through it!
I am in Texas and getting ready to file a suit. I have 10 years worth of documents. You name it the mortgage company did it. Glad I seen your post as I was wondering which way to go. I have seen comments to file only in district but I really didn’t think that would work. Banking is Federal.
I have Ice Legal
After loosing 2 homes to fraudulent foreclosures and the Florida Courts allowing it to happen, despite mounds of forgery, the only way to really fight is to get out of the Courts being used by the banks attorney’s…FILE YOUR OWN LAWSUIT in FEDERAL COURT naming the banks attempting to steal your home! While you are in the Circuit Courts, you can’t win, even in the Appeal Courts….STOP your own nightmares and sue the shit out of them as the PLAINTIFF…I only wish I had been given this advice when I was fighting in the wrong Courts….The Judges in Federal Court have not been bought off….yet! Fight in another direction cause this way…DOES NOT WORK FOR THE HOMEOWNERS…..
since 2009, chase cant use any honest lawyers. here in broward county, their attorneys all have unclean hands. they are either ignorant or liars and I believe they are both. good luck!
Thanks Tricia. It’s been a long hard fight. Your right it’s taken its toll on both of us. We to court dates set in June that were cancelled and nothing rescheduled Chases attorney , Ronald Wolfe and Associates signed a new attorney to our case. They have harassed me with summons for cancelled court dates twice. Bank of America pulled all their foreclosures from their firm. The leopards spots don’t change because the people involved start a new company. We are going after them for unclean hands and have a really strong case How long have you been fighting them ?
kent, sorry to hear about your wife, but this is what these banks have done to people’s lives and they must pay. the house next to mine , I know the bank has lost a lot of money and now an investor has bought it and will rent it out using airbnb. my neighborhood is all rental now where it used to be all stable families. I have fought chase for years too with albertelli being the latest corrupt attorney on chases payroll. they are so incompetent. it is so frustrating.
Tricia the problem is that most of foreclosures they got away with. The few of us that has decided to fight are getting banged up in the court system. My wife and I are now in our 7th year and this passed February my wife attempted suicude. It has taken a major toll on her. The original law firm for Chase was Florida Default Law Group. Google them for a good laugh. Their senior partner bought them after the State Attorney Generals office went after them. Nothing happened though. Our state recieved millions from Chase in a settlement of wrong doings but yet here we sit still stuck in the court system I have had a. attorney for almost 4 years. Statue of limitations have ran out too
Kent – I am in my 8th year with Chase and also has the Ronald Wolfe & Assoc (yes, the old Florida Default Law Group). They also keep changing attorneys and cancelling court dates. Who is your attorney representing you?
Robo-hobos and deposed despot super-stampers are abundant in everyones paperwork.
I beleive your government is furthering this fraud through the courts.
I believe that the banks are paying off judges with satisfactions of mortgage being filed by MERS.
As insurmontable as the battle appears, you owe it to your family, your neighbors, and yourself to fight these bastards at every turn.
You will lose your house in the end, but the longer you stay and fight the fraud, antagonize the corrupt courts, and force the foreclosure-mills to keep generating forged notes and assignments, you’re winning.
I don’t see how u r winning if u lose your house. Anyone who has been thru this knows already how corrupt the banks, attorneys and judges r. If u want to win in the courtroom. U have to learn to think like they think and maybe u will keep ur house but it’s a helluva fight and it will wear u out mentally and physically when u r the lone warrior with a lying and manipulative swarm around u. But I agree u should keep up the good fight because hopefully and eventually the right people with the right kind of power will take notice and put an end to ruining ” the American Dream “of home ownership for those who still believe in it.
I won because I fought and kept the roof over my families’ collective heads for 11 years in spite of Wells Fargo trying to default this illegal loan. Did it pro se for four, with a lawyer for four, in the most corrupt districts in the country. The mathematical tally is one thing (last payment July 08 less 9 pmts over 2 breached mods), the other thing is that we’ve put lots and lots of people on notice. There are still causes of action left to be fought in state court. Waiting on another foreclosure.
The moral of the story is that the battle continues and wins are there. LOOK AT FLORIDA, FOR GOD’S SAKE. You will never hear about the “victories” elsewhere because of settlements under seal.Only published smackdowns get the press, and those are very, very few indeed.
I feel as though I did my share, I learned more than I ever cared to about securities, property and mortgage law, and helped numerous people stay in their homes. Once I even got to the point of arguing with an attorney over a homeowners’ case and came dangerously close to practicing law without a license. Big trouble there.
My time has come to move on. My choice, not theirs. I have a couple tricks up my sleeve yet, but I won already.
@ rogerrinaldi – Roger , how can you say you ‘won’ when the 7th Circuit State of Appeals denied your claim in February of this year? (http://caselaw.findlaw.com/us-7th-circuit/1692062.html). According to the record even your attorney was sanctioned with a fine. I don’t think that filing for bankruptcy and then having it reversed helped your situation at all; in fact, it infuriated the Florida courts even more. And this was a WIN?
@ Bobbi Swann: How can I infuriate the Florida Courts? I’m in Wisconsin. Any time a judge calls you “frivolous”, you know you’re on the right track. The “frivolous submission” was the Wells Fargo Foreclosure Attorney Manual.
@ Usedkarguy – unless you are the same person as rogerrinaldi that comment does not apply to you. It was directed to rogerrinaldi. I was referring to the 7th District Court of Appeals (Florida) for the case against Roger Rinaldi. Are you using two different usernames on this site and are you the one in the same Roger Rinaldi? Not quite sure why usedkarguy would respond to a posting directled to rogerrinaldi….
@Swann…..Sorry you’re slow. I am Roger Rinaldi. The usedkarguy handle has been been there for many years, Bobbi. I have a wordpress blog with my name (neglected lately, sorry readers). I just happened to be in the browser that keeps my live feeds going when I commented.
The judges purposely misconstrued the record, no matter how many times we re-iterated the truth.
How can a judge sitting on a foreclosure case that was closed in 2010 possibly find nothing wrong with assignments filed in 2011?
How can a judge (Kelly) state that “The Wells Fargo Home Equity Asset-Backed Certificates Trust OR ANY SIMILARLY NAMED TRUST may proceed against the Rinaldi’s in foreclosure”???? HUH? Then Stadtmueller confirms. We’ve had multiple non-existent entities filing against us for 7 years. The correctly named entity was only used after we jammed it down their collective throats.
When the cause is just and the fraud reaches into the judiciaries own retirement plans, no other results can be expected.
Unbelievably, the rulings are now a matter of law, like “In re: Edwards”, where the court stated the maker can’t object to their own signature.
Easy to blame myself, my attorney, and the rotation of the Earth, but because my case was so well documented any effort to get to evidentiary hearings was blocked multiple times. They knew this was a landmark case, and did their jobs by violating the Constitution.
Is it possible to visit your case online? I’m specially trying to find help surfing pacer…… thx. Chris >>> futex@hotmail.com
Yes Tricia she is. Brian Bly was the notary from Citi to Chase verifying robo signers and Ashley L Bond verifying robo signers from Chase to JPMC Specialty Mortgage. While her signature looks similar I found 3 documents that look completely different
We had a very similar issue with the notary Chase used. We have seen several documents she has signed and notarized. There are a few that you can clearly tell were not her. I believe what is going on is they are actually sitting in basically a call center in Ohio somewhere passing around notary stamps and using them. So, the actually notary rarely ever signs the documents. When I wanted to file a complaint about the notary I was directed to the county where she lived. Man was the lady that Clerk of Courts who over sees that stuff a piece of work. I think she and the lady I was complaining about were probably friends. I got no where, expect that they stated she verified she signed it. They seriously did nothing. I have an entire mail and email exchange with the Clerk that lead me to believe she didn’t really care that Chase was scam. Chase is the largest employer in that county. Plus her husband was some kind of lobbyist.
Good lord Bryan Bly was a definite known robo-signer. I have seen his name everywhere. I think there might have even been a couple court case. But I cannot remember for sure.
Anyway good luck…
Do you know anything about Ashley L Bond ?
Kent, is Ashley L Bond supposed to be a notary? If so what state is she out of? If it is Ohio or Louisiana, the information can be easily looked up online. Ok, I found her, it looks like her commission is out of Ohio. You can search for her here: http://www.sos.state.oh.us/recordsIndexes/Notary/Search.aspx. Her commission # 2013-RE-477083. Ok, so if you want to get a copy of her application for signature verification you will have to contact the notary commission office in Ohio.
Next, you might also just try googling her name with the word notary after it. I did and a couple of documents she signed came up. There are probably more.
How do you know Chase uses fake notaries ?
Kent, I am not sure who you are responding to but I wouldn’t actually call the notaries Chase uses fake. I would call them robosigners. I have verified with the notary commissions in each state Chase has used notaries from that the notary on the documents is actually a notary. I have also asked to have a copy of the application sent for verification of signature. This is why is say they are robo-signers. On one document it is clear that the notary was not likely the person that actually signed the document. I have found several other documents singed supposedly by the same notary. The signature is similar but not the same, one document you can barely tell who the person what that signed it.
Truthfully, in my opinion, what Chase is doing is hiring a notary and then lots of people are using the notaries stamp and signing the notaries name.
The lady I spoke to at the Ohio notary commission, asked flat out why I was requesting a copy of the particular notary’s application because they had had tones of people request it. That right there tells me if there are that many requests and this notary has supposedly signed so many documents, I would question whether or not the notary really signed all the documents.
Sent a written request to that notary asking for verification, a copy of her log book, showing she actually signed the document. Never heard word one from that notary.
Asked the same of another notary on a Chase document, We got a nice form letter from Chase themselves. Mind you we mailed the letter to the notary’s address not a Chase address. She didn’t supply the information requested either.
Plus, there are known robo-signing notaries. You can google and find them.
Commercial banks are counterfeiting the money they use for credit extensions. This is basic because of Article 1 section 8 clause 5 which essentially gives authority to congress to manage the money supply.
I have JPMC Specialty Mortgage LLC. Do you know anything about them ?
I got a lot of calls from Aames Home Loan from this number (800) 737-1192 this spring and summer. Turns out that number belongs to Residential Credit Solutions, a lousy little servicer in TX. They were bought in 2013 by American Capital.
http://www.housingwire.com/articles/27742-its-official-american-capital-buys-residential-credit-solutions
To Dangeroosdave:
Chase Home Finance, Inc. was a direct subsidiary of JPMCB, N.A., Chase Home Finance, LLC was a “direct subsidiary” of Chase Home Finance, Inc., but an “indirect subsidiary” to JPMCB, N.A. prior to the May 1, 2011 merger. CHF, LLC was not a FDIC member and the merger could not transpire until CHF, LLC became a FDIC member.
Although, CHF, LLC claimed to be the owner & holder of the alleged Note, it also, alleged to be an “indirect subsidiary” of JPMCB, N.A. in 2009.
Who got bailed out with Tarp funds or insurance funds when JPMCB didn’t claim to be the owner & holder of the loan or CHF, LLC who was not a FDIC member, but claimed to be the owner and holder of the loan ?
Who is Joseph A Smith ?
He’s in charge of making sure banks fulfill the National Mortgage Settlement. Download the Consent Judgement Chase signed and there are guidelines there that deal with broken chain of title, single point of contact, robosigning. He may be getting ready to say the settlements are complete unless it’s too late and he already did.
And don’t give up. They really do not know which end is up.
kent- Chase home finance is one of the dba’s of JPM/Chase. They have reached a consent judgment and turned all their disputes over to the administrator Joseph A Smith. File your complaint with Joseph Smith, the squeaky wheel gets the grease!
Dangeroosdave – Chase Home Finance is not a dba of Chase. There was a Merger in 2011 of JPMCB and Chase Home Finance LLC in 2011. In essence, Chase Home Finance LLC no longer exists. You can verify this information with the OCC. I have it in writing from them from my own case. My foreclosure has been going on since 2007 and in October we will finally get to depositions. Beware, Chase and all of their cronies are as crooked as a bucket of snakes! Almost every case I read about on this blog is with Chase. The Courts are oblivious to their (illegal) tactics of Foreclosure and mind you, they don’t pay a hill of beans to any previous order or the threats of fines. Why would they? One of the largest controlling banking institutions in the country who bankrolls just about every elected official, including Judges! We are all living in a myriad of false promises. We’ve been fed to believe that justice prevails for all. The truth of it all lies in nothing but PURE greed. The thirst for power has overtaken every aspect of our constitution. What can we as defendants do to thrust out the evil in our ‘justice’ system when we are so far outnumbered in that power chain? Judges and all politicians are bought and sold by the major contributors in their campaign….so you tell me, who’s gonna win?
Yes, the judges are bought and sold, during elections. In this case I am representing USAG, and have met all the notice requirements to do so. Yes, I’m in a non-judicial state, another aspect of my claim, although my counterparty does business in 45 other states and I am representing that class, wherever that may be. I believe such actions need to be forbidden. So far, we’ve accumulated ~2700 pages of discussion of the issue, which is based on wrongful foreclosure, but has now accumulated many other issues. I believe the appellate judge panel at 5USCA is trying to figure out who wants to sign their name on an opinion (either majority or minority) that juries are no longer necessary in America. All of our discussion is complete. I have already prepared my draft writ of certiorari for SCOTUS. From looking at the SCOTUS dockets going back to Alexander Hamilton days, I think I have a 50% probability of prevailing. It seems like a unique legal issue of timely social interest. I’m willing to spend another $300 to find out.
Mine has been going on since 2009 with Chase Home Finance any suggestions
thanks Tricia
I have been doing battle with jpmc since 2007. I have filed over 60 complaints against Oh 4 unit of jpmc in Gahanna Ohio their loss mitigation unit portraying themselves as a mortgage servicing unit. One of these complaints was for extortion grand larceny fraud robo-signing and forgery fraudulent loan origination and unilateral loan modifications/new loan origination. So far three senior vice presidents have been fired or left as a results. Us cfpb RICHARD CORDRAY allegedly refuses to publish my complaints and has not allowed any zip code higher than 98680 to publish any chase complaint. I am afraid that we have a major cover up of chase misconduct regarding mortgage servicing and manufactured defaults and large scale confiscation of our mortgage payments by chase in their so called loss mitigation department run by SVP KEVIN WATTERS . THE FRAUD PONZI SCHEME THAT CHASE IS RUNNING IS WELL OVER A TRILLION DOLLARS IN REFERENCE TO MORTGAGES AND DERIVATIVE HEDGE BETS TIED TO FRAUDCLOSURES.
how do you check a notary out? frontncenter. plus I did get a modification thru the 1st NACA and it only took 2 weeks.
Each state has some type of notary commission. Most of which you can look up online. If you are dealing with Chase, most of the notaries are our of Ohio and Louisianian, both of which will send you un-certified copies of the notaries applications. If you need it for court you will need to pay for the certified copy. I have looked up several notaries even spoken to the notary commission in Ohio, nice lady. You should be able to tell you if the notary has had any complaints against them. The lady from the notary commission in Ohio asked me why I was requesting the information because they had had tons of request for that particular notary. If you need help finding where to look up a notary just post what state they are from and I can sure help find a link.
Yes I do. Chase bank has the assignment but Chase home finance filed foreclosure in April of 2009. Chase home Finance didn’t have an assignment until November of 2009
Hello Kent if you are facing foreclosure we can help. We are not attorneys but we do use unique and legal remedy proven to free homes from foreclosure. Contact us at mastersofhomefreedom@yahoo.com And look us up on Facebook at Masters Of Home Freedom. Thank you for your time.
About six years ago, I went to Joshua Denbeaux’s office in N.J. where he told me that I didn’t a case. I’m still fighting this Chase Home Finance, LLC case as a pro se. Four years ago, I went to his office again on another foreclosure case and again he told me that I didn’t have a case. I’m still fighting both cases as a pro se. My first attorney got disbarred(not any of my doing) and the second attorney got reprimanded by the N.J. Supreme Court(not any of my doing) twice. My third attorney tried to throw me under the bus before he filed a motion on my behalf. You would think I would learn my lesson by now. The only attorney who has had more than one successful cases in N.J. is Jeff Barnes who is not even from N.J.
8 years ago the first attorney who knew what was going on told me $20,000 up front. Interviewed 15 more, one charged me $500 to tell me to give up. Paid a scammer $1000 for bullshit (MS). Found a real attorney who understood the issue, partnered with her, called the banks and attorneys racketeers and forgers, now the judges and OLR are out to get HER AND ME! Why? Because the truth will not set you free. The system in place is there to protect the banks at all costs. The DOJ (which includes all the bankruptcy trustees and attorneys who prosecute bankruptcy fraud) are only interested in helping the banks steal the homes of the citizenry.
THEORY: The US Government will be forced to pay off the Chinese in American real property when the country defaults in order to avoid war.
THEORY #2: Fannie and Freddie were bankrupted to pay for the wars waged to protect the petro-dollar.
THEORY #3: With Obama the Anti-Christ successfully executing his lame-duck “kill the Constitution” continuum and the willingly corrupt Supreme Court and CONgress, our Country is failing before our very eyes.
I’ve been fighting Chase Home Finance for now going into the 7 th year. I retained Ice Legal about 4 years ago and they are great. Stratus on my case is all the court dates to go to trial in Kune were cancelled. I thing more is scheduled at this time
Sounds like maybe your lawyer doesn’t know as much you think she does
I too went to Joshua Denbeaux in NJ, same scenario, like you, once and than again a few years later. He told me I wasn’t going to win my case. I went back the second time because I had more exact information. He accused me of taking up his time and that I wanted free legal information. I found him arrogant and insulting. The other few attorneys that I went to, basically wanted to help me with a modification, (which I could do myself) and the few attorneys who found major flaws in my mortgage, (one a real estate attorney) said I need a litigation attorney and it would cost me at least $50,000.00 to litigate my case in court. I too am pro se, still, even though I desperately need an attorney. I think the problem is foreclosure cases involve so many areas of law that a lot of these attorneys are not, or will not take the time to review and apply the proper laws or because they do not have the expertise of those particular area of law.
Mary L,
Do you also have Chase Home Finance, LLC as the plaintiff ?
the problem is the banks have bottomless checking accounts to pay their lawyers to wear your lawyer out.
Yes there are many areas of law in foreclosure cases but so is true in many types of civil cases but If you are the plaintiff litigating against a foreclosure action the bank already has control of your money (the property) to use for litigation in addition If it is a reverse or other HUD mortgage with Mortgage insurance they have funds from the U.S. tax payer when they file a claim against the insurance for their need (term “need” used very loosely here) to foreclose on a defaulting property to use for litigation and then if they are like ONEWEST BANK, NA (formally ONEWEST BANK, FSB and now are CIT, NA ) who made a deal with the FDIC to cover 80% of their losses figured at the original value of the mortgages that they picked up at 40% of original value from the failed bank Indy Mac or actually from the FDIC who had control of Indy Mac so they made 40 cents on every dollar they show as losses to use for litigation too. You have whatever they may have left in your pocket to litigate with. I thought I might mention that Indy Mac as ONEWEST BANK are subsidiaries of IMB. Holding To give you a prospective I will use my cause a real value of the property is $220,000. They have $119,000 invested. Between the mortgage insurance and the FDIC they collected $680,000 thus they have $561,000 to use for litigation. They are using your money that paid the mortgage insurance, your money that paid your taxes that they collect through the FDIC. Are you going to spend $500,000 to get back a property worth $220,000? The bank will because it’s your money they are spending. There are no loses being incurred by the bank and everything left over is pure profit. This abuse cannot be stopped through litigation. There flow of money must be stopped and the only way to do that is through the congress and the senate. So start sending letters to your representatives daily, weekly, monthly but no matter just start sending them. We must change the rules so the banks and corporate powers can’t use our money to continue robbing us of what we try and build for our families. This is why it is hard to find a good attorney that knows the laws to represent these type of cases is because they do know the laws and they know that even with a good solid case the bank will litigate it until there is no value left for their client to recover. Especially with the attorney fees pushed beyond their value which these corporate entities do intentional and with your money. This is what I have found is Happening, what I believe to be the problem and a way to start to get rid of the problem. If someone has a better solution please let me know because I am in this to the end. I may have surrendered my battle today that I have been Pro Per Si in since Sept 2011 but I have realized that they are not funding their battle and would continue until there was no value left for me to win so I loose even if I win. I only gave up that battle and got about half of my out of pocket cost back but I am not going away. I will be talking to the vice president of CIT, NA (ONEWEST BANK, NA) again but on my terms next time.
Brother…the congress and senate are in with them. I’m fighting too. I know. Obama (and I’m black) is a joke. So if he is a joke, what will Hillary or Bernie be?? They are in the pockets of the banks too. So our best bet is to confront Trump (who’s companies have received many bailouts from the banks via bankruptcy) and make them all respond to his answer. If trump is in your area, ask him on record what he would do to stop bank foreclosures.
Hi Mary – Statistically, it is very unlikely that you will find a lawyer to win a judgment, which is why I am also pro se. I have spent $300 in filing fees and a few hundred in printing. My counterparties, a publicly traded corporation, appropriates $50M per quarter in legal expenses to continue his operation. I have eight attorneys appearing against me. My strategy is to put this case before a JURY before I die. In a dispute in America exceeding $20, that is your bedrock legal right. A jury is not bound by the 1750 pages of RESPA 2015, or the 450 pages of public comment, or the 250 pages of interpretations. A jury is authorized to seek justice, wherever it may lie.
@ Dangeroosdave – Sorry to burst your bubble but if your foreclosure is in a non-judicial state you won’t even appear before a Judge and if you are in a judicial state (like Florida) two reasons why you will never get a JURY trial: 1) you signed away your rights to a jury trial within your mortgage; and 2) foreclosures in judicial states are equitable actions meaning you can have a trial but only before a Judge. It’s not county by county for judicial states, it’s statewide. On the flip side, you can countersue for other actions that MAY allow a jury trial. Again, who has the resources from a defendant’s side to consider such actions? Finding an attorney who will represent you on a “I’ll collect my fee when we win” is more kindred to MLK’s I have a dream.
David Strauss ft lauderdale another do nothing attorney. It’s all about the stall tactic and leave the borrower broke so the bank can steal your home and the lawyer steal your money. Biggest scam going on. NACA in Miami today if anyone interested in saving their home.
Richard Carey in West Palm Beach ! If you see him, run! Nice guy but awful lawyer. Paid this guy 3500.00 and he did nothing but file a few motions. Came time for trial and the guy didn’t even show up. That’s right….NO SHOW! The judge called him from the courtroom and scolded him. Gave me leave to find a new lawyer. I went to Ice Legal and found two great attorneys Thomas Prestia, and Scott Holtz who now have their own law firm in South Florida. These are Real trial attorney and GRILLED the banks witnesses. They kept me in my home, but case is not over.
Oh, then Richard Carey shows up on our Real Estate Investors itinerary as a guess speaker on probate! I did not attend , but I told everyone he didn’t show for trial. They never invited him back.
Then a year later, we were in court for a motion and guess who is also there? Richard Carey. This guy was actually trying to take an old widow‘s home they got via probate. I couldn’t not believe it. This MF was trying to take an old lady’s home who had just lost her husband and going through probate. He looked at me as he was leaving the courtroom and I just shook my head. First you are “ helping people save homes” now you taking homes for profit. What a jerk and awful lawyer. He didn’t even look comfortable in court.
I should have file a bar complaint because the judge noted everything on the record, including the phone call to Carey’s office and said I should get a refund. But I just let it go. Don’t have time for evil people like him. God will take care of him. RICHARD CAREY !
Tery, you sound knowledgeable on foreclosure litigation. I normally have a really hard time finding people to have smart conversation on the subject. I’m 4+ years holding on my case against Wells. If you are a “make things happen” type of person, it is always great to learn new things from proactive people like me – YOUAREIN at OUTLOOK, COM, AU
I met attorney David Straus a couple of years ago, I paid him to review my case, he is a creep, lazy, stupid and arrogant, he it as worthless as tits on a bore, stay away from that loser, if I had listened to him, I would of lost my case,
There’s 2 NACA’s. STAY FAR AWAY FROM “Neighborhood Assistance Corporation of America” not the “National Association of Consumer Advocates”
The 1st ones are work for the Banks. They claim to be non profit but the Banks pay them millions to stall and give the runaround. You will end up worse. Do not do a Modification or your done. Make them show you the original paperwork. You have every right to see it. NOT COPIES… ORIGINALS! If they can’t or won’t provide it tell them to go FU(% themselves.
i have been fighting chase for years. I have also uncovered what they are doing in broward county florida. no wonder we have such a supply shortage here. jp morgan chase is holding the mortgages for all of blackstone properties. they own over a 1000 properties in brward, wall street has moved to broward county florida.
I am in Broward County, Florida…am very accessible to Miami-Dade and West Palm Beach as well, know my way around and have many contacts and resources…
if anyone would like my help, please let me know
my email is reachth@yahoo.com
my cell phone (954) 882-0009
Tom Heinrich
I have just received an email announcing an event in Dallas, Thursday, September 17, 2015 – Friday, September 18, 2015 that could be a great opportunity to “protest” the mass fraud being perpetrated on the millions of homeowners under attack. The conference, AMERICAN CONFERENCE INSTITUTE is presenting a forum headed “Residential Mortgage Litigation & Regulatory Enforcement” explaining to “Attend to benchmark your current strategies, learn the latest Government enforcement and regulatory priorities, and get judicial insights from top federal and state judges.” Check it out yourselves at: http://americanconference.com/2016/804/residential-mortgage-litigation-regulatory-enforcement
The cost to actually attend is $2,000, however, an occupy style protest would be an ideal opportunity for those of you who are fighting in the great State of Texas. I’ve lost 2 homes to this foreclosure fraud and certainly cannot afford to be there myself from Florida, however, if this actually posts on this site, I strongly urge this protest with signs exposing the fraud and the facts of their continued strategies of “how to steal our homes through the litigation processes that will be going on during this one day event at the DALLAS MARRIOTT CITY CENTER…..It’s unbelievable that the lawlessness is still going on!! Fight all you can or America will be a homeless civilization! email me at elysedelfrancia@gmail.com
$2000 to attend a protest and you don’t see nothing wrong that? No wonder you lost 2 houses to this foreclosure mess.. Your not very bright.
I am alerting the board and innocent citizens that are seeking representation. Joshua Denbeaux a NJ lawyer is a crook and very dis-honest! He is scamming homeowners not defending them in the process whatsoever he is shadier than a character in a movie. It seems he must be a shill for the banks. If anyone else has been through the same experience with him or his firm please post to the board as a class action suit is in the works to take him down he is worse than the banks he is destroying innocent people on their last legs and stealing their last pennies. It does not get any more evil than this folks!
Unfortunately, there are more than a few NJ lawyers who have taken advantage of the foreclosure gravy-train only to, ultimately, compound the homeowner’s hardship. While I did not retain Denbeaux, I had some experience with him and retained others that left me in a worse position than I was in before they got involved. Most of these lawyers have no litigation skills and can do no more than stall the process until they have bled you dry. If you can align with others who have retained the same lawyer with similar experiences, then, perhaps, you can get a mass joinder complaint filed. At the very least, I hope that you file for Fee Arbitration and then, file an Ethics complaint. At the very least, you may get some peace for your pain in knowing that you took some type of action.
I would like to know if you reported Joshua Denbeaux to the board because he was our attorney for a foreclosure case with Chase Home Finance LLC. Chase was ordered to pay $7000 in counsel fees for motion for sanctions pursaunt to the frivolus litigation rule and statue ; and ordered by the judge to reinstate the loan in 2011 and it never happen . There was a mediation with meeting with Chase and our attorney and myself and my husband and the mediation judge in January 2015 and the case was settled and we were told by our attorney Joshua Denbeaux that Chase can take us back to foreclosure.
We have not filed a complaint with the board yet. We at this point feel the whole judicial system is a 100% fraud. We watched this first hand the judge, bank attorneys (even the police as our home was robbed by the banks contractors and they would not do anything, sent us to trenton to get even a police report) are all in on it and I feel the fight against banks is over. Denbeaux is actively gaming the system with a little niche himself just wants your money each month pushes around your paperwork with no intention of litigating he is the “sleezy car salesman” lie after lie selling homeowners he will help, he will not, you will chase him for truth he will get angry and twitch and crawl out of his skin till you give up . I would have no faith that a complaint to AG or Board would be any different. A possible class action against Denbeaux may have enough juice. All these men defrauding homeowners are in on it, at this point even an insider whistleblower wouldnt even make it to the press who has virtually ignored one of the biggest crimes I have ever seen in my lifetime.
Hello Mary, I have/had Chase Home Finance, LLC for six years in N.J. and was wondering how you settled with them. They changed to Seterus early this year.
Eugene (AFN)
I am curious too Eugene. Chase concealed a loan mod from the courts here in Florida and the date on the summons was wrong because they led me to believe I was in a hamp modification for 11 mths. and then they reneged. I was trying to get a copy for two yrs to show the courts and they ignored my requests. I finally received it 2 days later after they got judgement. It was all blacked out like they had highlighted it somehow so it would not be found. I was also in fed lawsuit where chase had breached all these loan mods but as usual it was a payoff and we got nothing.
Have you alerting the board about Joshua Denbeaux yet because he was my attorney and didnot finish the case but got payed .Chase was given motions for sanction pursuant to the frivolous litigation rule and status; I think he is all the thing’s you said.
Okay, so here’s one for the books. Aames Home Loan was granted a writ of possession today. Choice Legal Group (formerly Watson) brought suit some years ago in the fictitious name of Aames Home Loan, which was the DBA of Aames Funding. Neither has been viable for years, yet the suit continued. In all of these years we have never been able to find out who Choice Legal was representing. As of 2012, I am Aames Home Loan. I am not the loan servicer of long ago. I own the fictitious name in Florida. Subsequently, Choice Legal filed for title to Aames Home Loan in c/o their offices (nothing smells fishy about that!). Most recently McCalla Raymer, another law firm became “co-counsel” (huh?) and filed for writ of possession, which was granted. So now the phantom Aames Home Loan, expired fictitious name, has the legal the ability to own real property! McCalla Raymer would not say who Aames Home Loan is either, just that “someone is paying them”.
Most States have specific Statutes that prevent banks from using d/b/a/ or fictitious names in their real estate consumer loans. In any event, since you own the name that the Judgment is in, you now own the Judgment. When the Sheriff arrives, you present him with your name certificate, state that you won the judgment, and you did not hire that sheriff to evict yourself. if the document is a “certified copy” of your name registration then the sheriff is more likely than not to say, “This is a screw-up, I am not touching this one.”
I recall Aames Funding sits in the Los Angeles area. It was a small brokerage, not a funder, so they are possibly out of business today.
If you c an confirm Aames Funding is out of business, and you own the name in Florida, then you have the basis for an interesting suit against McCalla Raymer (whom I loathe), since they are advancing litigation without a retainer agreement from the entity they claim to represent in court. And that should be interesting.
The judge said it was interesting too, and then issued a second writ of possession, also forbidding any additional affidavits or filings in the foreclosure case. It is being appealed and additional law suits are being considered. Upshot is I am sleeping on the neighbor’s sofa. I was told by the sheriff’s deputy that they had to bring my things out and I would have 24 hours to retrieve them from the front lawn. The locked valuable things up until the clock ran out and carted them away. My furniture was broken up on the lawn before being hauled away, things that I’d packed and was unable to remove from the house prior-to eviction, were dumped and the bins filled with debris, anything metal was hauled off (vintage lawn furniture, plant stands, file cabinets, a side-by-side fridge, and two small refrigerators, tools, ladders, scuba tanks, aluminum oars, etc.), they would not let me have my freestanding rubbermaid sheds (3) or contents. One of the crew, an absolute moron, tried to have me arrested for trespassing when I took pictures of the trailers (from the street and sidewalk – so false police report) before they left (btw, their trucks were not marked with contractor licensing information). The notice said “bank owned” which it is not. The Calwell Banker person who came with the sheriff said it was a “servicer” and could “not divulge servicer’s name”. There is a for sale sign on the lawn as of yesterday. It’s disgusting. McCalla Raymer was co counsel. Choice Legal Group (FORMERLY MARSHALL C WATSON Law Firm) was initially counsel. Interesting indeed!
Where are you? Not Palm beach for sure
I have been battling JPMC specialty mortgage for 0ver six years and its just now going to trial . All transfers from my original mortgage company to citiband and then to Chase were done by robo signers . Citibanks assignment has no signatures only initials . The notary also initialed instead of signing . Anyone else in the same sitiuation ?
Somewhat close to yours, Kent. I’m: YOUAREIN@OUTLOOK.COM.AU
Have you checked the notaries registrations? Most people have not done this 1 simple thing. Chase uses fake notaries.
BEN HOWARD BEATS HSBC IN COURT… AGAIN !!!
Ben, who won at trial and obtained the services of four respected attorneys in his battle to defend his home from foreclosure by HSBC – entitling him to have HSBC pay all of his attorneys fees, including the ones who previously had been dismissed by Florida Attorney General Pam Bondi (Theresa Edwards and June Clarkson ) for being too effective in uncovering wrongdoing by the Banksters and who authored a powerful paper on wrongdoing in Florida which was a little too sensitive and close to home for Bondi’s political supporters, , , .only to have HSBC then refuse to reimburse him for the fees of one of Ben’s attorneys, Kenneth Eric Trent ( known locally as the “Foreclosure Destroyer” who is the one who filed a monumental class action against Wells Fargo and also distributes parody Tshirts of the Banksters including one I myself happen wear all the time that changes the logo around just a tad and says CHITIBANK ) who was Ben’s attorney just prior to Ben employing respected Florida trial attorney Bruce Herman to actually finally try the case and who was the attorney who then actually won the case for Ben at trial.
HSBC was timely served a fee demand by Bruce Herman to recover all monies that Ben spent on all of his distinguished attorneys throughout his ordeal, but HSBC’s attorney convinced Bruce to enter into an agreed order with him on the fees telling Bruce that HSBC would rather pay each attorney separately and would do so. HSBC hoodwinked Herman into withdrawing Bens fee demand. Well, HSBC balked when it came to Trent. Trent sued on behalf of Ben and moved to have the original agreed order vacated and replaced by one that included himself so that Ben could finally collect the entire sum he spent, including the monies Ben spent for Trent.
Judge Lynn Rosenthal agreed, tossed the first agreement and entered a new Order that Trent requested, one which will make Ben whole without any further proceedings, including the money Ben spent on his current attorney who represented him at todays hearing, “Andy” (Andres) Lopez, another accomplished trial attorney.
HSBC spent a lot of money on IT’S new law firm that they (HSBC) replaced their original LOSING law firm with for todays proceeding ( ANOTHER losing law firm ), besides having to pay for Bens FIFTH attorney, Andy, who along with Ken Trent and Bruce Herman attended todays matter, which was transcribed for the State Bar, which was waiting for the results of todays hearing prior to deciding whether to refer charges up to the Florida Supreme Court in the matter for HSBC not reimbursing Ben the entire amount he paid on lawyers. Now Ben will get the remainder of his legal expenditures and HSBC will have to explain why it paid so much money to seven different law firms to lose its attempted foreclosure action, and has to pay Ben’s property insurance and real estate taxes for him as he lives in his most comfortable two story townhome by Florida’s remarkable beach.
Judge Rosenthal was gracious enough to allow me to sit at the head of the table to clearly video and audio record and report todays proceedings. The matter is available to you for review and is a wonderful example of how things should run during a proceeding, the decorum and efficacy of todays hearing was commendable.
Tom
Last March of 2014 I won in foreclosure with the Court of Palm Beach Conty ordering that the Bank had come to court with unclean hands… gave example of affirmative defence that says ‘fraud, breech of contract etc..etc… in the FJ. Now, I’m waiting for the Jury to award me y damages which is another trial by jury. I hope I live long enough to see one cent of my damages.
Love to read where others come out and stand firm. I have stood firm eight years.
cherane Pefley
Congratulations, Cherane! I am also claiming unclean hands against the bank. Can you tell me which aspects of unclean hands you used? They’ve practiced it a lot in my case. Thank you, John, Vermont
Great Stuff! can you or Ben contact me at: rwsi100@bellsouth.net I’m seeking help in my case.
hi cherane there is alot of people in florida who would like a counter suit can you find out if your lawyer wants more cliets? please join our facebook page fight fraudclosure florida. thank you
cherane, r u pro se or have an attorney. if u have attorney, please disclose. there r a lot of us in same position. broward cty, fl.
Tom, I will be in touch to better understand “… monumental class action against Wells Fargo …”
I recently attended a mortgage closing, at the invitation of one of the parties. The mortgagor dutifully reviewed and signed the 29 pages of mortgagese, the mortgagee was not present. I suggested we just write ABSENT – UNKNOWN REASONS in his spot, but everyone agreed he could just sign all the stuff later. Who would know who the notary might be. We came to the ten-day rescission and I suggested that be marked out and changed to three years, in accord with most recent SCUSA guidance, but nobody was familiar with the process of changing a preprinted agreement, so we skipped over that one too. In reality, I had a suspicion that the mortgagee had already assigned the Interest Rate Lock Commitment into a Collateralized Debt Obligation, and had already surrendered his individual collateral rights to any discrete parts of the CDO. I knew the new owners of the CDO had also renounced their individual collateral rights as defined by their investment prospectus, and the cash flow into the package was insured to AAA+ standards. Or at least BBc-.
In actuality, after securitization, NO ONE owns your property. If you live in it, care for it, and pay taxes…YOU OWN IT! Tell the sheriff to go home (actually our sheriff lives right next door to me). Everything after securitization is a SCAM, among free, knowledgeable, and over 21 investors. If someone appears to dispute this fact for more than $20, take your case to a JURY. Sue the bastards!
Dangeroosdave – I would imagine that you have not attended a mortgage/house closing before. The mortgagee (the lender) is never in attendance as they are represented by the selected title company representative, who should also be a notary. I have no clue what would have been signed by this mortgagee that you wanted to write in “absent – unknown reasons”. The note and mortgage is signed only by the borrower (mortgagor) and that person was indeed present. 10-day recission? There is no such thing as a 10-day recission; by Federal law on a refinance, the recission period is only 3 DAYS. Who in the world is SCUSA? Are you referring to RESPA? Also, lenders (mortgagees) don’t securitize a mortgage with a Rate Lock Commitment not do they use it for a CDO. Mortgage loans are sold in ‘POOLS’ and not on an individual basis. The rest of your post I’ve read and re-read and still cannot make any sense of it.
Bobbi its lms53 and yes a breach of contract is what they did to me with loan mod. They claimed they did not receive in time but a recent copy I got from chase shows they received the same day I fully executed my end. It also showed up two days after they got judgement on my house. Can I still file in courthouse? These bastards kno exactly what they did
Quick question, under the law a lender must give 90 notice to the borrower before filing a notice of pendency. Is this 90 business days or calendar days? The loan that is in question now has been sold! it gets better and better…
My bottom line is- is the mortgage loan being paid? Generally, with foreclosures, the answer is no. Billions of dollars in defaults across the land and everyone wants a free house. I’ve worked in the foreclosure field for years and I’ve heard so many allegations of false documentation and most of them, if not all, were nonsense. If you’re past due, you need to rectify it, by either bringing the loan current, selling the house, refinancing or something else equally responsible. It’s hard to respect someone who spends years (in some cases) not making a single payment and then complaining about documents.
You have no clue what you are talking about. Is the loan being paid ? I think the better question is why is it not being paid and who fault is it. Second, yes the bank is being paid because they have mortgage insurance that pays the full value of the loan soon as it is in default. This is why AIG almost went bankrupt, insuring these bank loans.
So this is what you get. The banks gets paid by the homeowner for years, until they can’t afford the bad loan terms and default, then they file the insurance claim and get paid face value of the ORIGINAL loan amount, then they take back the home and re-sale it at auction for even more profit. Hold on…it gets better! They have a judgment against the homeowner, so now they can go after them financially and get even more money!
Now do you see the game, it’s more profitable for the bank to foreclose than to modify. Wake up!
Moreover, if the banks had followed the law, they wouldn’t need to make fake documents! You think everyone wants a free house? WTF? 99% of people just want a FAIR modification, Since you have been in the foreclosure industry (kicking people out of their homes) for years, then please tell us how many times have you seen ANYONE get a free house? Rarely! If “everyone “ in foreclosure wanted free homes why are MILLIONS accepting BS modifications? You are ignorant to the facts. Sad that you have been drinking the bank’s Kool-Aid to believe those lies. You work for the worst crooks to grace this earth.
“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs”.
Thomas Jefferson,
3rd president of US (1743 – 1826)
Nobody could have summed it up better not even Garfield. Plain and simple. They preyed on us way over valued properties and the loan mod was a scam from the get go. These large banks are nothing but bullies and greedy and dumps the liability on the homeowner for all of their well planned criminal actions. That b#### that thinks she knows so much needs to rot with the best of the banksters.
The banks years and courts think they can justify their criminal actions by calling the homeowner a deadbeat and funding the local scummy court system to foreclose. We r smarter than that!
Tony & LMS52 – both responses are excellent but you will never receive satisfaction that this numbskull who responded above will EVER come out of her coma. Just take note that the majority of the population are one of two things: 1) totally ignorant or 2) in the same state of coma that this woman is currently in. We all hold hope, as you would do with anyone in a coma, that they will ‘awake’ and come to their senses. LOL
??? so you did not hear what made most of the credit savey people stop paying their mortgages really? the banks were telling millions of homeowners that in roder to apply for a modification they had to be 90 days late. because of job losses, and losses of income homeowners complied. after the 90 days applying. the the games began, lost faxes, lost fed ex mailers, even lost files. everything and anything to not approve modifications. then they foreclose. so this is actually inclean hands, breach of contract. ect. they were given money for each hamp application homeowners filled out. telling homeowners lies and losing documents so homeowners had to reapply is fraud sorry. i can say no homeowner after the subprime mortgage crash in 2008 would voluntaruly stop paying tie rmortgages. after 2008 many of the mortgages were the 30 yr fixed mortgege these folks had the best credit rot hey could not get approved. these folks were given false statements by all the banks. free house???? the homes all lost more than 50% equity. many put money down and paid for years. the homes they have already been paid for. help homeowners dont be against homeowners
The notes live on regardless of whether or not the original borrower pays Read the note and notice it says “we are responsible” for the payment.That WE is the maker and the originator (seller). And with a fraudulent foreclosure, the homeowner is doing nothing wrong: he’s obligated to defend the title against false claims. The real party in interest is always the owner of the top-tier of the SPV. That also happens to be the servicer.It’s the intermediary relationships spelled out by the PSA that were never followed is what makes the transactions boid ab intio. Denise, there is no default . only servicing into default with the manipulated LIBOR rates application of fees collected by the servicer. The whole origination of “money” from digital “credits” supplied by European banks combined with investor money used to purchase assets that were never conveyed to the trust corpus was simply another variation of a securitization scam based on Ponzi scheme tactics. Wise up, Denise. Or are you a banker?.
HEY DENISE MAHER: WHAT IS A REAL ESTATE TORT?
WERE YOU DENIED A LOAN MOD BY OCWEN/WELLS FARGO?
DID YOU HAD YOUR HOME STOLEN WITH FALSE ASSIGNMENTS AND REAL ESTATE INSTRUMENTS?
WAS YOU HOME INVOLVED IN A ***Securitization (PSA) OF MORE THAN $4BILLION DLLS?
WERE YOUR TRUTH IN LENDING ALTER BY THE RE BROKER?
DID THE CROOKED BANK AKA SERVICER CLOSE YOUR MORTGAGE ACCT FOR NO REASON?
ARE YOU JUST TRYING TO CALL THE ATTENTION?
BECA– USE YOU SOUND LIKE A MORON! ..(a person who is notably stupid or lacking in good judgment)
WE ARE TIRED OF PEOPLE LIKE YOU TOO!
WHAT AN IDIOT YOU TURN OUT TO BE! LOL
GET A LIFE AND DON’T SPEAK OVER SOMETHING YOU DON’T HAVE AN IDEA!
YOU ARE A FOOL AND SINCE YOU MAKE MONEY WITH FORECLOSURES..
THEN WHAT CAN WE EXPECT FROM YOU?…JUST STOP YOU COMMENTS, REALLY, NO ONE HAS RESPECT FOR YOU!
The bottom line is NOT whether the foreclosure is being paid, in many cases it is exactly whether the documents are fraudulent, whether the proper party is foreclosing, etc. You will admit that if the wrong party takes your house you are still on the hook to the real party in interest? There are other factors too which may make a difference, and for the foreclosing party to manufacture documents IS wrong. Perhaps because you are in the industry it is difficult for you to understand, but I’m sure that if someone, or some corporation, screws you over you will understand the concept, even if you can’t relate it to forelosures.
First of all, you’re in New York. The judges are awake. second, you should hire an attorney. Once the phony documents start appearing, contest all and every document.
yup, have an attorney, but working with them…
the “lost note affidavit” has not been filed. and now they say they found it.
The judges are awake, thankfully. The system just seems to take forever
Hi everyone, anyone know if it’s required to file a lost note affidavit or lost assignment affidavit with the county clerk’s office in New York? Still dealing with a fraud case.. long story, but this bank gave us lost note and lost assignment affidavits but they aren’t in the county records. Oh, and they suddenly “found” the note and mortgage too. hmm
Useful notes about fees- Occasionally you will reach a watershed moment in your court dealings and a judge somewhere will authorize your counterparty to submit his fees for payment. You should always audit these fees to determine if they are usual, customary and reasonable, and that a service has in fact been rendered, and in fact a payment has been earned. Step 1 is to ask your counterparty for his letter of engagement with his customer. That generally ends the conversation. My counterparty’s client expends $50M per business quarter on legal services (which I know from reading his 10K report to the SEC), so if his client has already paid his fee (such as bulk purchase of undefined services per time period), I believe there is no need for me to pay it also. Double billing is always against the law, even for New Jersey eye doctors. If you do agree that the service has been provided, and earned, look at the value. For instance, we all pay $0.10/page to look at filings on PACER whenever we’re curious. That’s my maximum payment for a page of legal cr*p, whether it has been couriered across town or not. Nobody pays for e-mail, at least nobody I know. Could that page of legal cr*p have been e-mailed? Don’t pay anything. Whenever I do make a payment, I pay through PayPal, with a description of the bill, my audit findings, and the payment. That way everyone has a record, and the business dealing is transparent.
Since I’m not an attorney, and I don’t have a billing rate of my own, I just charge 1 bitcoin/day for whatever I do, for however long I do it. I find it reasonable, and bitcoins can go right to my phone, and I can get it whenever I want in whatever local currency I need… Sometimes these things take years. Costs pile up.
cookee, legal term is called Novation.
This could be our bible for fed law, settlements, Dodd Frank:
https://www.federalregister.gov/articles/2013/02/14/2013-01248/mortgage-servicing-rules-under-the-real-estate-settlement-procedures-act-regulation-x
great info hammertime. And dave, thanks for the servicing regulations. It took me a long time to read ..but will certainly come in handy. Thanks so you all for great links.
My statute of limitations is over so now the lender is trying to use other tactics to scare us. my attorney asked them why, if they are so confident that they own the mortgage, haven’t they filed a foreclosure? they aren’t the IRS, they can’t just keep tacking on interest and penalties until they see it’s time for a payday. My case is odd because I am representing the borrower and the borrower is suing the lender. (very few cases I can find in NY that I can use as precedent). The banks aren’t used to being sued, they like being the big guns..
Once the court determines who, if anyone, is the true owner of the note and mortgage, it’s time to file for a time barred response. I am grateful for your input. I hope to return the favor
Here’s another case with lessons learned. TX seriously needs a homeowner’s bill of rights.
http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-20668-CV0.pdf
Very spot on post by Garfield today that verifies what we’ve been saying and can help in court, trial by ambush, due process violation:
snip
“…There is a huge difference between pleading and proof. AND standing means different things depending upon what you are looking at. If party files a complaint alleging the requirements of standing then the complaint will stand up to a motion to dismiss based upon standing. But if at trial they don’t prove standing, they lose.
The erroneous procedure I have seen at trial is that the standing issue has already been decided when the borrower filed the motion to dismiss. But that required the court to assume the allegations of the complaint were true —a presumption that definitely does not apply at trial. But Judges use it anyway because of the pressure to clear their docket. As a result, cases are not heard on the merits — they are tried by presumptions to which the banks and servicers are not entitled to use because the testimony and the exhibits are fabricated for trial and they have a long history of submitting fraudulent documents to courts across the country.
Hence the presumption of credibility, trustworthiness and authenticity should not apply and the servicer or bank or trustee must be required to prove the facts, which they cannot. Which is why the foreclosures all mostly wrongfully entered as judgments end up in a judicial sale despite the actual facts that would show that none of the parties in the chain relied upon by the foreclosing party actually have any interest in any of the transaction, any of the documents or any actual loan to the borrower.”
https://livinglies.wordpress.com/2015/03/30/fla-4th-dca-reverses-based-upon-trial-by-ambush/
Case doc
https://livinglies.files.wordpress.com/2015/03/4th-dca-reive-v-deutsch-trial-by-ambush-j-oftedal-reversed-doc032515-001.pdf
Good example of what we should be doing as a group
http://www.delawareonline.com/story/news/local/2015/03/30/foreclosure-victims-demand-money-settlements/70673508/
“Foreclosure victims to demand money from settlements”
Golden opportunity to enforce the rules if being tranferred or getting loan mod, refinanced
https://www.law.cornell.edu/cfr/text/24/3500.21
Mortgage servicing loan means a federally related mortgage loan, as that term is defined in § 3500.2, subject to the exemptions in § 3500.5, when the mortgage loan is secured by a first lien. The definition does not include subordinate lien loans or open-end lines of credit (home equity plans) covered by the Truth in Lending Act and Regulation Z, including open-end lines of credit secured by a first lien.
d 3
(3) Notices of Transfer; contents. The Notices of Transfer required under paragraph (d) of this section shall include the following information:
(i) The effective date of the transfer of servicing;
(ii) The name, consumer inquiry addresses (including, at the option of the servicer, a separate address where qualified written requests must be sent), and a toll-free or collect-call telephone number for an employee or department of the transferee servicer;
(iii) A toll-free or collect-call telephone number for an employee or department of the transferor servicer that can be contacted by the borrower for answers to servicing transfer inquiries;
(iv) The date on which the transferor servicer will cease to accept payments relating to the loan and the date on which the transferee servicer will begin to accept such payments. These dates shall either be the same or consecutive days;
(v) Information concerning any effect the transfer may have on the terms or the continued availability of mortgage life or disability insurance, or any other type of optional insurance, and any action the borrower must take to maintain coverage;
(vi) A statement that the transfer of servicing does not affect any other term or condition of the mortgage documents, other than terms directly related to the servicing of the loan; and
(vii) A statement of the borrower’s rights in connection with complaint resolution, including the information set forth in paragraph (e) of this section. Appendix MS-2 of this part illustrates a statement satisfactory to the Secretary.
Good post on CFPB transfer checklist down there.
Here’s a link to what CFPB has done with OCwen etc and could be doing. Good description of violations.
http://www.consumerfinance.gov/newsroom/cfpb-supervision-report-highlights-mortgage-servicing-
problems-in-2013/
Post by DangerousDave
To Cookie: Correction, IndyMac Mortgage Services. Check to see if they have authority do business in your state. Attorneys licensed.
thank you again eugenenj, the final servicer on the subservicing document said “ficus investments”
Here is a nice checklist to check if your servicer or subservicer is in compliance with the latest rules.
http://files.consumerfinance.gov/f/201408_cfpb_bulletin_mortgage-servicing-transfer.pdf
For Cookie,
An alleged Lender(Servicer) makes agreement with the alleged Holder/Owner to the servicing rights who in turn subservices the rights to another servicer with agreements with the subservicer. As an example, JPMorgan Bank, N.A. used Chase Home Loan Servicing, LLC as its subservicer and OneWest Bank, FSB used IndyMac Bank, FSB as its subservicer.
Thank you Eugenenj. When I requested the servicing agreement between the two lenders (to substantiate the power of attorney because one signed the assignment on behalf of the other via an allonge) they sent me a sub servicing contract that added yet another name to the pile. The date didnt align either, so I have to tell the court we are still awaiting on the servicing agreement. Im not sure how anyone makes money hiring servicers that hire servicers! (sounds like reinsurance companies)
Thanks again!
Can someone tell me the difference between a servicing agreement and a subservice agreement? I asked a lender to supply a servicing agreement through court order (to substantiate a power of attorney) and they supplied a sub servicing agreement that implicated yet another lender.
you must have something if they’re using this tactic. Stay on it! Get an attorney
Wondering if Mers can assign a mortgage servicer after a borrower is deceased. No lawyer yet has really responded – anyone know? My husband died in May, and no servicer was on record, just Etrade in 2003 assigning to Mers / so boa was getting paid as servicer for 12 years – now I brought it up that they have never been assigned. So they quickly did it in Nov. (4 mos. after his death). I am not on the Note, just signed the mortgage inst. but I am not on the loan. I received a default notice, but my qwr’s have stalled them from filing the complaint. Does anyone think it is legal or allowable? They didn’t mention my husband as “deceased” on the assignment – and put him as a grantor – as if he was still alive and granting something.
Goodmornin yall:-) I’m at a cross-road,,STILL in litigations & the stall tactics are becoming frustrating to say the least,,,I’m pro se & plaintiff’s counsel continues to add new co-counsel to assist them,how many times am I required to submit discovery? Because every new co-counsel added are demanding me to RE-ANSWER everything already asked/answered to plaintiffs lawyer at beginning of this? 2011.Thank You in advance for responding:-) 🙂 🙂 🙂 🙂
usedkarguy is on it!
Get an attorney, and question everything! ( Signers, dates, validity of copies, transfers, account balance, and see if you can get loan level data to refute their “balance”.)
Good luck with it, Be well, and keep fighting!
Typically, in the discovery process, the judge will review what has been requested and what has been supplied.IN NY , and in my experience, if all discovery has not been supplied, sometimes the judge will allow additional time for the defendant (or plaintiff) to supply it. If all documentary evidence has been proffered, then perhaps a preclusion motion is in order. The order would ask the court to accept the discovery already provided and nothing further. It doesn’t sound right..why would the court allow new discovery requests for the same documentation if it’s already been supplied? Are the discovery requests asking for new evidence?
bobbi, based on what law is acceleration void if makingpayments
I am so confused by this situation in NY. The original lender filed foreclosure, accelerated the mortgage in 2005 and then assigned the mortgage (while still in foreclosure) to another bank and then another..it has been assigned several times. The county clerk only has record of the first lender.(this lender is no longer in the mortgage business)
The loan has been in default since 2005. The house was destroyed in hurricane sandy in 2012 displacing the family The house remains in a pile of rubble but maintained by the homeowner.(lawn mowing, etc) The insurance company does not know who to write the check to.. (a sizable sum) so the lender is now saying they are entitled to the proceeds. Homeowner starts an action (otsc ) against purported lender(s) citing time barred under statute of limitations Our attorney is arguing statute of limitations (time barred) because it’s been nearly ten years on the same index number and the loan, although assigned several times (with suspect paperwork) was ACCELERATED at the time of the original foreclosure. The foreclosure action was never completed. It expired. The lender then filed a discontinuance on the foreclosure in 2009. The lender is stating that a stipulation agreement in 2009 re started the loan and therefore the loan was decelerated. The stipulation hinged on a modification that never took place or was paid on.
The borrowers attorney states that the original acceleration remains in effect because it was never officially de- accelerated.
HERE LIES THE QUESTION: what formally de accelerates a mortgage? The lender never sent a letter stating deceleration. The lender has not filed foreclosure (and was told by the court that they could). The lender’s attorney said that if an installment loan is in effect that it is assumed to be de accelerated. I found two cases that were of interested, EMC bank v patella and another from nassau county… but they dont really apply here because the plaintiff is the borrower, not the lender.
Im sorry this is so long. If anyone is still reading this, thank you. This case is very convoluted.
THis family wants to obtain the insurance funds to build the house and move forward, in the meantime legal fees and rental fees are almost prohibitive.
Any thoughts? I am actually trying to keep this as brief as possible without naming banks, etc..
THANK YOU for listening..
@ lms53 – Law? No law. It ‘s contained in your mortgage. It is the mortgage document that a lender forecloses on. It is the process itself by law that allows them to do so. Your mortgage dictates who, what, when and how. If there is a default under the note or the mortgage, the terms of the mortgage is going to dictate how they proceed. If under such a default, the lender will issue a default letter and accelerate the balance of the mortgage to be due and payable. Also, under the mortgage there is a ‘right to cure’ a default. If the lender accepts payments, other than the full amount of the balance due under the default letter, it is a precedence for making null and void the acceleration. If Lenders were to do it the correct and legal way, they would issue a forbearance agreement that spells out the terms of the default, how it is going to be cured over a specified time, the amount of the future payments under such forbearance, a start date and an end date and signed by all parties. If they don’t…well, then the original default becomes mute.
thanks bobbi I was in forebearance for 8 mths and then trial mod and then permanenent loan mod and bank reneged at the same time they accelerated my note/mtg. they changed the terms of original mtg thru the loan mod. Novation is the legal term. do I have recourse?
I think I understand. The original mortgage language needs to be read and understood. If there was a modification changing the terms of the mortgage, that would override the original mortgage. Wonder what the judge is going to say. If the statute of limitations is up, it’s up. It sound as though (depending on when in 2009) in 2015 the statute of limitations is up anyway (six years in NY)
@lms53lms – Novation is the term used when you substitute one for another. In other words, they changed the original terms of the mortgage when the modification was signed and executed. Be careful that you didn’t sign away your rights (such as right to cure) as those modifications are drawn up by the LENDER and is not geared to protect YOU. You will need to read the modification carefully to see if you do have recourse, but I would bet a dime to a dollar that your lender probably novated a lot of your prior rights. After all, they are wanting to ‘sew’ up any loose ends. I would venture to say that you could file a counter-suit for breach of contract, but read your mod, if they reneged on a permanent loan modification. Oh, and did you get an executed copy of the loan modification agreement? If so, and you were me, I would go the courthouse and file that sucker to make it of public record. Odds are that your lender did not do so.
Still mired in a big mess. I have a question that was brought up today in New York. Can a bank assign a note of mortgage to the servicer to hold the note but still be the owner of the note? In other words, if mortgage is accelerated and payments are made, they go to the servicer who then gives it to the bank who assigned the note to the servicer? I know this is so confusing, but it doesnt smell right
The banks assign your mortgage to a servicer (the hencemen)…the bank still ones both the mortgage and the note…
Cookie – A lender or owner of a note can sell the ‘servicing rights’ on a mortgage. That does not mean that they are relinquishing ownership of either the note or the mortgage. They are simply transferring the right to collect the monthly payments to another entity. You don’t have to have it recorded of record either, but they do have to provide you with a notice of Change of Servicer 90 days in advance. You also do not have the right to object. As to the mortgage being accelerated, that only occurs if there is a default under the mortgage or in the payment of the note. If they accept payments in an acceleration, then it would negate the acceleration all together. In order for them to accept payments they would have to negotiate with you some repayment such as a forbearance agreement or a loan modification. The monthly payments that you make to a servicer of your mortgage would remit the payment to the lender. The lender pays the servicer a fee out of their profits on the ‘spread’ each month. It is all perfectly legal, except if they are accepting payments when the mortgage has been accelerated and you have rec’d notice of default.
Thank you, Bobbi
Anyone recently have Chase loan transferred to Pennymac?
Yep! Going on 8 years in fighting foreclosure….they sold the loan and servicing to Penny Mac. Go figure! Oddly enough, they never filed any type of assignment in the county records. Why do you ask?
Since loan closed in ’07 Chase has claimed to be servicer and lender in one form or another. With CA HBOR I was able to obtain questionable note copies, 1 of them 6 years late still not valid in late ’13. That’s when city, whole world turned their screws on me. In latest rounds I used Cease and Desist in reference to CA HBOR and settlement violations. First the lawyer changed and then servicing changed this month to Pmac.
CFPB is now LESS responsive. I believe Chase is evading law by these late transfers and CFPB is ignoring it. I would like to show it’s not just me and make some type of group complaint to CFPB and copy anyone we can.
8 years? isn’t the statute of limitations over?
Scott-
I’ve found that an inquiry from a Senator to CFPB, or any agency, moves your case to the top of the pile pretty quick. The CFPB today is like the FBI in 1930, just a little seed. I copy all 100 Senators with the major filings in my case, just cut and paste into their mailbox. Most of them don’t read, but their staff people do, and everyone has lunch with somebody and talks with somebody else about anything of interest. If your agenda fits with their agenda, sometimes good things happen. It’s an uphill battle against financial people.
Ya know, I read your comment and my first reaction was…how sickening is this country when tax payer monies are paying for the salaries of these ‘staff people’ and we the taxpayers have to wait until someone strikes a conversation over a McDonald’s hamburger and coke before action is taken that perks one’s interest. What’s even worse are those in those positions (senators, congress and all the staff members) are the highest percentage of a group that OWES the IRS taxes! Yep! So, even THEY don’t pay their fair share and living off the backs of the taxpayers who funds their paychecks! It is disgusting. As much as I hate to think the worse, I think this country is headed for a massive revolution. There’s not one person in office that has the guts or integrity to stand up for what is right and declared in our constitution.
Amen to that. They r all pathetic. CFPB may get a situation escalated momentarily but nothing gets accomplished. Banks are liars and their responses are lies.
Very good point about FBI. I may still be In my home because of CFPB but there are real problems and it may be captured by banks at some level. It’s another trap we’ve caught in but some faith was restored when Sen Warren questioned Cordray along with others. We don’t need a revolution. We need to re claim our democracy. The corporate Republican and Democratic solution will be no regulation again and next crisis will make this look like a picnic.
What has worked for me is combination of complaints and reaching out to officials.
I’m so laughing!! Good luck being granted a jury to even tell…..Hahahahahahah!~!!
Scott- Are you uncertain of the meaning of prejudice? You can find long scholarly articles, and have lots of lawyers dancing on the head of that pin. Why not just ask the jury? Present your facts. Tell the jury to deliberate on the issue. They are bound by only one rule in deliberations, and that is the rendering of justice. That responsibility used to belong to the King, who talked with God. In America, we turned that system upside down. Just tell your story to the jury. 🙂
Dave… just read your news about CFPB…reserves being set aside etc.
This is you….all you. It’s a forward leading indicator. I’m dragging Met Life et al…into the courts…those bastards committed perjury. . And now they will pay for what they stole.
Never lose hope. Ever.
777
Scott- Make sure youi send me a subpoena to talk to your jury. I’ll subpoena you to mine. There is no enforcement going on in America right now. Let’s fill up every courtroom in America, one by one. Stay sharp-
In my effort to promoting others to contact their representatives in Washington about the ruthless unethical conduct of these financial institutions and the failings of the government agencies charged with the responsibility of protecting the American People from such abuses I am posting my last follow up letter to the Senator for my district with the hope that it will excite others to do the same, contact your Senator and/or Congressman.
Dear Senator Barbara Boxer,
On February 16, 2015 I had sent Information regarding the atrocities caused to my family by a Federal Bank. I also included information involving the flagrant failing of an agency charged with the responsibility of enforcing the rules imposed on these Financial Institutions to protect the American people from such destructive actions as those caused by and continue to be caused by One West Bank, NA.
I have as of yet to receive a response from my previous correspondence faxed two (2) weeks ago. Since I have additional information to further my cause and in an effort to get my blight to stand out a little from all the other responsibilities you have dealing with the problems that seem to be plaguing our government these days, I have chosen to send this follow-up.
I would like to start by presenting a statement from a gentleman nearly two hundred (200) years ago that I would say is more of a revelation of what has and is happening to myself and thousands of others throughout our great nation. Not that it offers any real resolution for the problem but does indicate that this event should have been expected. The statement is as follows:
“ I believe that banking institutions are more dangerous than standing armies…If the American people ever allow private banks to control the issue of currency… The banks and corporations that will grow up around them will deprive the people of their property until their children wake up homeless on the continent their fathers conquered.”
Thomas Jefferson
1743 – 1826
Sound familiar? I know I can relate to this statement and I am not alone in this perception. There are many, many families with similar experiences. Just Google “civil action One West Bank”, “foreclosure fraud” or similar key words and you will find websites like foreclosurefraud.org with story after story like mine. I know I will never forget the seven (7) winter months homeless in a tent trying to care for my disabled wife after the unlawful actions of this financial institution causing a wrongful foreclosure. I had attempted to satisfy the note but this financial institution had their site on the mortgage insurance of which they fraudulently collected. Which has cost me more than fifty thousand dollars ($50,000) and everything I had for legal fees. This doesn’t Include the hundreds of hours litigating in civil court with 22 months of the 24 months without representation. Thomas Jefferson is turning in his grave if he can see what is happening to the country that he fought so hard to make Free from such oppression.
Having mentioned my civil action I would like to take this opportunity to bring you up to date should you be curious. I now have a date of September 18, 2015 set to start the jury trial. This should give you a strong indicator as to how solid my standing is considering that when I started this I didn’t even know what a pleading was. Then after 24 months of litigation against a federal bank with all the money (including mine) to buy their justice yet my cause has still survived without the benefit of legal counsel and is preparing for presentation to a jury.
Then that brings me to the CFPB and all the other agencies that passed the buck to the CFPB in the attempt to relieve themselves of any responsibility. From what I discovered about the CFPB it appears to be an unconstitutional agency operating without accountability to the American people and funded outside of government control by the Federal Reserve. They seem to be operating on their own unseen agenda which is with most certainty not as their publicly charged responsibilities.
According to the United States Treasury Department, the bureau is tasked with the responsibility to “promote fairness and transparency for mortgages, credit cards, and other consumer financial products and services”. Now tell me is it promoting fairness by allowing a Financial Institute to unlawfully foreclose a property because it could not be lawfully foreclosed on due to the deceased borrower’s heirs attempting to legally purchase the property. When the crime is reported to the CFPB they give the investigation to the perpetrators of the crime. As would be expected the perpetrators found no crime only some “minor infractions”. The CFPB without further ado close the case and refuse to reopen. I don’t see any fairness promoted here but it’s not over yet. When a U.S. Congressman presents the case to the CFPB to investigate the CFPB stated “ we will investigate but we will not give any information as to what we do to investigate, the outcome, whether there is any wrong doing or not and we don’t collect for any damage that may have been caused by any wrong doing”. If this isn’t a good representation of an agency without accountability please explain it to me.
I look forward to your reply,
Ha….see you also had a wonderful experience with the CFPB. When I filed a complaint (2013) with them on the illegal foreclosure/sale of my home (only modification requested of JPMC was for a due date change – NOT in default until the 3 month scam). Same thing, CFPB gave the complaint to JPMC. JPMC responded that they would only talk to the borrower (I was/am the surviving spouse). CFPB told me that the borrower would ‘need to re-file the complaint him/herself’, then proceeded to close my complaint. CFPB gave a lot of lame excuses when I confronted them with fact that no one at CFPB obviously even read the complaint, because had they read any of it, they would have know that the borrower could not ‘file the complaint him/herself’ because the borrower was dead! After numerous conversations with a CFPB supervisor, who assured me their ‘mistake’ would be corrected’, it’s now 2015…2 years later….still waiting!
I’m with all of you regarding the CFPB as I have had my own non-productive and ineffective experience with them as well. I don’t know why they are in existence because they don’t act as a regulatory agency to be the watchdog for the Consumer’s protection in anyway. If you’re going to always take the side of The Corporations and The Little Guys’ voice means nothing then why should we even bother to register the complaints?
Great letter Scott. Way to keep fighting.
I’ve been putting out fires on my end and getting ready for my next round of letters and complaints.
Will be sending to Sen Boxer, Feinstien and local officials. The Wall St cancer is killing our democracy. As Helen Kelly said at hearing involving Onewest I’m pretty sure we need a Watergate level investigation and an investigation into CFPB and all the other agencies and accountability for all the settlement funds.
There’s a few examples of CFPB garbage complaints and data we can dump on these people. If you want to share or join a list or petition of some sort contact me here http://bit.ly/Si8EL5
AG Kamala Harris is running for Senate so she needs to come clean.
But stop whining everybody and collect some garbage!
Any info that could help with my case will be appreciated.
Get the MERs listing of who had ownership when case was filed. It wasn’t them!
Thanks guys, but I’m in the thick of this suit and I must win. The bank I’m dealing with is falsifying documents but I have to prove it somehow.
I am trying to find citations to back up our case. Nothing out there on allonges except the “space test” and staples… everyone else just says they are phony!
Very boring and long story short: house burns down; insurance doesnt know who to pay because our mortgagee filed bankruptcy; after fire they claim they still own the burned down house and want the insurance proceeds. (we paid insurance policy for twenty years)
They filed a lost note affidavit in NY and then all of sudden they provided a “wet ink” document with three allonges attached. we have a date to have the documents inspected by us and our attorney.
The allonges are all different, two are signed by the same person but the signatures are different. This was not a mers mortgage. One of the allonges is filled out to BLANK
(no one filled it in)
One of the allonges is not dated.
One allonge is notarized, the other two are not.
If there is a law with allonge requirements I would sure love to see it. Anyone out there that can lead me to the law? I am not in foreclosure and I am the plaintiff in this case, so I am having a really hard time finding anything.
Additionally, the “wet ink” document they provided did not have any assignments attached. Wouldnt an original wet ink show the assignment? this is so very confusing. If you’re still reading this, thank you so much.
Not legal advice my understanding is depending on type of assignment there may or may not be an endorsement on note. I would check county property records and review state/county code requirements. Basically you need chain of docs and see if they reffect valid transactions. Otherwise people lose the document game.
Thank you, Hammer, I am following the chain of custody .. it’s a real mess. I believe I found some information on allonges; they dont have to be signed OR dated OR notarized. (because they are SUPPOSED to be a part of the document, and as such, indorse the note to which it is affixed) New York does not follow the revised UCC, so the allonge attachment issue is still real here. Many thanks. I’m going to keep working on this. The other side we dont have standing to sue. Well, he accepted our motion a year ago and is just coming up with this? Gives the defendants more time to produce “ta da” documents. ugh
In the thick of discovery now (litigating). The defense (I am the plaintiff, asking the court to determine who, if anyone, holds the mortgage) provided discovery which included a signed, notarized assignement to MERS. It has the same index number on it as my mortgage, but MERS has no such filing. Does a MERS have to be filed? so confused as to why a mers document would be in the discovery pile. My attorney says we are not a MERS case; but this is curious. It goes with all of the other murky papers supplied..
Check this out
https://m.youtube.com/watch?v=Mq1axDyTDBs
For anyone in conflict with PHH Mortgage, they have just reported to the public in their 10K report for 2014 (released 2/28/15) that they are in negotiations to enter into a consent agreement with either CFPB or MultiState Mortgage Commission, sometime in 2015, and have set aside $50M as legal reserves. Sorry Philip Linza, your $16M has been negotiated into insignificance…If I’m successful at 5th USCA I believe their $50M will also fade into insignificance.
March 5, 2015
Eric Holder
US Attorney General
US Department of Justice
950 Pennsylvania Blvd.
Washington, DC 20530-0001
cc:
Nathan Anderson, Lead Counsel
McGlinchey-Stafford, PLLC
2711 North Haskell Avenue Suite 2750, LB25
9Dallas, Texas 75204
Duty Agent, FBI Austin, Texas by hand delivery
Dear Mr. Holder,
A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board. The action was totally without merit and I successfully blocked the sale. I still live here, the county has recorded a clear title in my name, and taxes are current. It was a struggle. I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far.
As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced. I took my particular information to your FBI offices here in Austin on 26 December 2012, and reported the miscreants. I was offered and waived confidentiality, feeling as secure as any American citizen in Texas. We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video.
In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days, I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014. I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response. Your agent appeared unaware of any investigation or enforcement action in progress.
In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se. I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources. I continue to act pro se to the best of my ability. That case was dismissed at District, without investigation, discovery, or presentation to a jury. I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial. I feel confident that we will someday appear before a jury.
Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office. This has been my intent from the outset, to enforce existing national servicing standards.
I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause. Please set aside 25% of your eventual collection to my account.
Go with God, my friend. Live long and prosper.
David McCrae
xstek99@gmail.com
Dave don’t fooled by a consent agreement. One West Bank was under a fully enforceable Consent Order by the OCC when they stole my home but the consent Order was not enforced any more than the the laws of which there was a complete failure of enforcement. So your 25% could amount to 25% of $0.00 but I do hope I am wrong and wish you all the luck.
Aw hell, they’re all fakes
I am the plaintiff against a bank in New York; lost assignments and then woops! they found it!
there are three allonges that suddenly appeared on the note. My question to anyone in the 2nd circuit or New York, does an allonge have to be notarized? I cannot find law on this. Thank you
I was denied a jury in Western Texas. That denial is now the basis of my appeal to 5th USCA in New Orleans. My appellant brief is filed and now we’re waiting on the appellee response. You’re welcome to cut and paste off my site at http://www.phhmortgagemustbedestroyed.weebly.com 🙂
I have just expierenced, after an eight year battle in California’s Just Us system a major biased system that protects major corporations an the brothers and sisters of the bar. All I can tell you that if your evidence will shine the light on a major corruption, the courts will create an excuse ruling to not let your evidence get exposed if involves fraud. Proceed with caution and be prepared for a nonsensical proceeding. Your quest is honorable but the California justices have all the balls and bats to play the game.
It is happening the same in every State in every courtroom in the country and nothing is being done cause the banks own our justice system! We have no justice after proving the fraud in great detail…It just doesn’t matter! We are witnessing the failure of the American Justice syste .
I can relate to what you are saying because what the bank missed taking on the first round the brother and sisters of the bar got on the second round. The California Just Us system after pursuing my cause Pro Per Si didn’t include me in the Us part of the system when the judge after a conversation with the bank’s attorney, not shared with me, changed the ruling at the hearing with leave to amend to without leave to amend 5 days after the hearing on my fraud cause. I am still using the fraud in the Wrongful Foreclosure cause I just can’t call it fraud now. The light can’t shine any brighter showing the corruption with the bank and the CFPB than it does with what I have, hope it is enough. It is set for a jury trial starting Sept.18, 2015. Now to survive everything between now and the trial. No clue what i should be doing, don’t have legal counsel and so it has been for 3 years now. I will graciously accept any and all assistance or advice except to quit, That Is Not An Option!!
I am in litigation in California against One West Bank. After $50,000 I could no longer afford an attorney, that was 22 months ago. I didn’t even know what a pleading was, then I had to write one. I lost 11 causes without One West Bank denying any of them. With hundreds of hours at the law library, twice that researching the internet and 24 months of litigation I still have a Wrongful Foreclosure cause. In a few hours I will be at a CM hearing to set the date for the Jury Trial.
I have started discovery by propounding documents and have a protective order preventing One West from propounding my financial records due to the court establishing that tenure is irrelevant since they refused two offers before and during the foreclosure due to their failure to establish a fair market value.
One West knows that if I get this in front of a jury they don’t have a chance. I have turned down their offers because what they have done to me must stop. By setting a precedence giving a path that others can follow should these crooks continue their unlawful and destructive activity.
My funds are very limited but I could really use some guidance in getting this in front of a jury where justice will prevail. Anyone have any ideas as to where,how or have any assistance now would be a good time to let me know
If you are in LA you should be going to the Fed Hearing today to protest! I just got the headlines this morning. CIT and OneWest Chiefs to Take on Critics at Merger Hearing
by KATE BERRY
FEB 26, 2015 9:48am ET
I know that you say your funds are now limited. Still, try Jeff Barnes of http://www.foreclosuredefensenationwide.com or Bergmen & Guitterrez (310)893-6200. Both have offices in Ca. Request the loan file, FDIC FIOA, who & when was the assignment of mortgage signed and NOTE, FannieMae or FreddieMac. Bank/plaintiff has never admitted that the “NOTE” has never been in default, no injury.
Thank you for the suggestions, I will check them out here directly. I have already propounded discovery on the Note and it is Fannie Mae. I have not received a response but it is due in 3 days. I am not sure what you are saying “bank/plaintiff has never….., no injury”? I am the plaintiff and I have stated that there could not have been a lawful default and Trustee’s sale. I know I have to show Prejudice for there to be injury. I am uncertain just exactly what that means but I am working on it. Any ideas to the meaning?
Seeking Washington State foreclosure defense attorney. Three year argument with BOA and they can not produce the deed. I am ready to sue their socks off.
Any recommendations of law firms, Washington State!
Thank you in advance.
It depends on what part of the state you are in. Stafne Trumbull out of Arlington has been doing a lot of work with foreclosure defense. Not sure if they will take on something from the east side of the state though. I would say call them as it is impossible to get a response from their website.
There have been recent posts about Chase employee deposition on fabricating documents.
The employee identifies a swirl or snail at top of purported original notes. I also have a copy with NP. Does anyone else have such a stamp?
Here’s a good article on suddenly appearing endorsements, ta-da endorsements:
http://thjf.org/2014/06/27/suddenly-appearing-endorsements-used-by-bank-trustees-in-foreclosures/
What a week! TILA win, MA Settlement, Chase deposition
Here’s a good primer on rescission, CA but good on concepts
http://www.kinseylaw.com/clientserv2/civillitigationserv/rescission/rescission.html
Must-read @washingtonpost article: “Warren has struck a chord” with voters in this Colorado focus group: http://wapo.st/1xPtKl3
Google ‘Kari Giblin.’ She works for BAC now. She has pics posted 🙂 Send her a subpoena!
Is anyone in South Carolina Dealing with these Fraudulent foreclose activates? There are 6 Law firms that has been cited by our Chief Justice
Do anyone have : Danilo Cuenca Prepared by
Dominique Johnson – Assistant Secretary
Martha Munoz- Vice President
Deborah L Beard – Notary # 1853913
Witness – Rene Rosales
Witness- Swarupa Slee
Done on February 23, 2012
need help asap. I had countrywide. and having issues with Bank of New york mellon
go to clerk of court website, research the filing dates for other filings by the same firm on or about the date, can even be with different banks. I found the notary and witness working for another bank the next day it did take a lot of reasearch
When I Googled the notary number it comes up with several documents with some of those people on them
http://www.pottco.org/deed_pdf/2011/1/1/6/2011-11660.pdf
http://www.pottco.org/deed_pdf/2011/1/3/1/2011-13163.pdf
http://www.pottco.org/deed_pdf/2011/1/3/1/2011-13164.pdf
http://www.hofj.org/virtualoffice_files/DominiqueJohnson030413.pdf
wait, you can google a notary number? the stamp on the notary I have on my mortgage does not show a number. hmm time for depositions
Cookie, If there isn’t a notary number that seems kind of odd. But I would try looking up the name of the notary in the state they are commissioned. Or if you want you can tell who the notary is and what state they are from and I would be happy to try to look it up.
I got copies of the notaries signatures for verification of signature from the state they are commissioned in.
I am going thru this same situation with MERS, Countrywide and BofA, here in SC with Rene Rosales as so call witness.. please keep me inform and if there is something I can do to help let me know
Does anyone have “Kari Giblin” Assistant Vice President for Countrywide Home Loans, Inc. as the signer on their assignment of mortgage? This was in 2011
Interesting that it was signed by someone from Countrywide Home Loans, Inc in 2011. It was my understanding by that point everything should have been handled by BOA, as they took over Countrywide sometime in 2008 and were merging things in 2009. You might do a little more digging to see if that was even possible that someone from Countrywide Home Loans, Inc could have or should have signed something in 2011. Of course someone else on her might have a bit more info than myself.
Thank You Tricia for your reply!! I AM trying to do research, and I have the Same feeling of her not being able to sign for a company that was bought out. The exact date for the buyout is 7-1-2008. We also had “patricia Arango” on an assignment of Mtg on 9-26-2008 (from MERS back to Countrywide), , , interesting, huh!!
Check out Patricia Arango here: https://4closurefraud.org/2014/02/01/former-marshall-watson-choice-legal-group-robo-signers-patricia-arango-and-caryn-graham-suspended-by-florida-bar/
Obviously, the ‘Robo-signing’ continues. There can not be any valid reason to perpetuate signing documents in the name of companies that do not exist other than to circumvent the intended legal process.
But then again, I even question if you had a loan that was REALLY from Countrywide’s actual funds, not those of some investment group such as Black Rock who THOUGHT they were investing in mortgages held by some REMIC trust. Where THAT is the source of the funds, then Countrywide was not the actual lender in reality. The money trail would show they are not. If the loan was securitized, then with what is know of the Countrywide ‘loans’, your loan was not funded with one dime of Countrywide’s funds.
TY, will do That research!!
@BobbiSwan , , , THANK YOU – have that. Wow, this site is incredible – so many ready to help. Thank you to All (and keep it coming, lol), we all need all we can get to put these crooks behind us!
I found like by googling her….http://www.yatedo.com/p/Kari+Giblin/normal/b47ea83009b0f3aaf13e6fa6bc701a2e
Thank you!!! Do not see “countrywide” anywhere on her “professional experience”! Hmmmm, how interesting!!! And — USEFUL!
Kari works for Bank of America now. Ask Google for her pics. Send her a subpoena. http://www.yatedo.com/p/Kari+Giblin/normal/b47ea83009b0f3aaf13e6fa6bc701a2e
Neeed help with my case. I have Dominque Johnson – Assitant Secretary, Martha Munoz Vice president. Need help
check to see if the case was originally filed by the David Stern Law office, you may have to look at the original filing. the law office was involved in major fraud
Mass joinder fiasco
https://getoutofdebt.org/63195/reader-expresses-concern-spire-law-group-going-poof
The reader says, “Spire Law is closed down( Aug 2014) leaving all their clients holding the bag. The Abeel v Bank of America lawsuit was dismissed. As a way to keep their clients at bay, Spire Law came up with a possible new lawsuit involving violation of the National Mortgage settlement. Over 1000 clients paid $5,000 to $10K to be add joinders. The lawsuit was a scam disguised as a mass joinder. The firm used retainer fees to pay overhead operating expenses water, electricity, rent etc, and not for legal fees.
does the name Sabrina Deramus, a chase bank salesperson sound familiar to anyone
She was recently killed in a fire at her home.
Glarum v LaSalle, No. 4D10-1372, Florida 4th DCA.
Deutsche v Holden, C.A. No. 26970, Ohio 9th COA.
McDonald v Onewest, USDC Western WA, Case No. 2:10-cv-01952-RSL.
This might be useful:
http://deadlyclear.wordpress.com/2013/04/27/mers-too-many-dead-ducks/
“UETA “SECTION 16. TRANSFERABLE RECORDS
(a) In this section, “transferable record” means an electronic record that:
(1) would be a note under [Article 3 of the Uniform Commercial Code] or a document under [Article 7 of the Uniform Commercial Code] if the electronic record were in writing; and
(2) the issuer of the electronic record expressly has agreed is a transferable record.”
…Trying to find the definition of issuer, of course, was not an easy process. Definitions in state law are not clearly identified, if at all.
“Issuer” means obligor, or the borrower aka “homeowner” as defined by E-Commerce: Financial Products and Services 2001, edited by Brian W. Smith, Appendix E, p. E-55-56. Page E-55:”
So homeowner must agree!
Article then has image of description that sec 16 was to not allow that a paper note not be converted than intentionally destroyed!
Focused on MERS but concepts can help.
http://deadlyclear.wordpress.com/2013/04/27/mers-too-many-dead-ducks/
we prevaled in the trail agianst the boa, in may, now they have filed to have the 3 copies of the orginal note and mortagage retururned to them, I am per se
any help or laws to refrecene I would reather leave the evidence in the file so no more fraud can be comitted the default date was 7 years ago
thanks
Karen, for people who want to file pro se against BOA – where do you find the resources or templates to start the action? Would you please share? BOA refused to modify 2 years ago when we were forced to take a 17k pay cut. I want to try to fight this, and our deed/note became separated upon reassignment. My husband committed suicide over financial stress – so I want to defend our home now.
“Tell Attorney General Eric Holder: No more excuses. Time for criminal charges against JPMorgan Chase
Rolling Stone magazine has just published a breathtaking account of a whistleblower who personally witnessed fraud at JPMorgan Chase and was willing to testify — even as the Justice Department claimed it lacked the smoking guns to prosecute big banks.1
For eight years, Alayne Fleischmann has told her story to regulators and government lawyers, only to watch as the Department of Justice settled with JPMorgan Chase out of court, with no admission of guilt, and a much lighter penalty than was initially announced to the public.2”
snip
http://act.credoaction.com/sign/Holder_Justice_Chase?t=4&akid=12183.4220599.6hMgRN
Try going under the state of KY list of financial institutions for the name: Equity Financial Mortgage (which is how they were listed on their webiste).
Does anyone know how I can verify that New Equity Financial has gone bankrupt or out of business. They were out of Kentucky. I have been unable to find information on them. jsmith5915@msn.com. James
I found 3 records 2 BK’s and 1 Civil Here are the case numbers dates. You need someone that has access to PACER to actually get the info you want. You can email me at charaymanagement@gmail.com give me your email address or phone number and I will try to help you.
All Court Types Party Search
Wed Jan 14 13:49:48 2015
3 records found Search:
All Court Types Party Search Name New Equity Financial All Courts Page: 1
Bankruptcy Results
1 New Equity Financial Corporation (cr) kyebke 6:07-bk-60935 7 10/02/2007 01/30/2008 Standard Discharge 01/30/2008
2 New Equity Financial Corp. (cr) insbke 4:05-bk-92784 7 07/18/2005 04/05/2006 Standard Discharge 03/17/2006
Civil Results
3 New Equity Financial Corporation (dft) mndce 0:2006-cv-03005 710 07/14/2006 10/25/2007
Hey Hammertime!! Appreciate your response to my complex situation. Im in the judicial state of Ohio. I beat this case twice but as I stayed before the magistrate didnt allow me to respond during the default judgement process. I filed and submitted every source of litigation paperwork during discovery that you can think of only to be ignored by the court. I end up hiring a lawyer for to appeal the magistrate decision which was denied which led to the Appelent court which also denied me. The next step is the sale of the house…..
I have the ORIGINAL loan modification that the lending institute said i signed which isnt true.
In my interogatory I asked several questions that pertained to Documents that I knew they could not produce and their lawyer response was the question was vague and ambiguous
We tried Res Judicata but I wasnt allowed to use it during the Appelent process
Here’s a good overall description…but think of your own specifics
Thank you hammertime. I got a better understanding of this process. Who is this guy? Sooo…if all loans have been paid by AIG on the 91st day, how can we prove that our individual mtgs were already paid? I imagine this has to do with the info contained in the PSAs. But what about Fannie and Freddie, who don’t release this info? is this something we can use in defense? Quiet Title? – Audits? Also, I’ve tried to locate depositions for Mary Jo McGowan, Elsa McKinnon and especially Crystal Moore’s video deposition, which seems to have completely disappeared(?) Does this eveidence hold up in the courts? Even though my original loan was assigned, then also voluntarily re-financed and assigned again, can we use evidence of robo-signing and this defense going back BEFORE the foreclosure default? Thank you! Singed your pettions BTW. Great job!
Thanks! Now tell all your friends or post like crazy. The White House one can really get results I’m thinking.
Tried to get in touch with the poster but still a mystery who he is.
Like I said just take in the info but make sure it applies and don’t admit anything as this site, Garfield recommend and have a lawyer answer specific questions.
I don’t remember if you left email here or not http://bit.ly/Si8EL5
Not legal advice but just basic definitions wise my thinking is you should focus on broken chain and your own hardship, robosigning is icing on the cake and they can always fix from what I’m seeing and you should weigh out.
The other point was that you can use the settlement’s language on chain of title, reliable evidence, valid transaction etc.
https://d9klfgibkcquc.cloudfront.net/Consent_Judgment_Citibank-4-11-12.pdf
See this? https://4closurefraud.org/2014/11/12/full-deposition-of-lona-hunt-robo-verifier-of-foreclosure-complaints-for-seterusfannie-mae/
H ALL – hoping you enJOYed a great Thanksgiving. I received my sale date in mid-January. I had a call come in through one of my legal inquiries from Real Estate Law Center PC. Has anyone heard of these folks? They are apparently involoved in Mass Tort Litigation against some of the Big Boys – Operating out of CA, they claim they have litigators in all 50 states – and actually file suit against the lender for fraudulent mortgages/practice. Rather than -“opt out” by taking a check from the banksters, as was the case with the Attorney Generals suit, they claim not to work with the loss mitigation departments, but head to head with the lender’s attorneys – They seem to know a bit about robo-signing, securitization and the boat load of fraud these banks have bestowed. If they’re legit, I wonder why we haven’t heard of them before – or perhaps we did and I missed it. Would welcome hearing back from anyone who’s used them, or knows of any success rate, as they claim it is hgh. Back to the holiday crunch. Thanks!
http://www.lenderlawlitigation.com/index.html
I HAVE A GREAT SUGGESTION FOR ALL OF YOU : REOPEN DISCOVERY FOR THE PURPOSE OF HOLDING AN EVIDENTIARY HEARING ON YOUR POINTS OF LAW THAT SHOW THEY ARE NOT LEGALLY ENTITLED TO ANY RELIEF FROM THE COURT DUE TO THE IRREGULARITIES IN YOUR CASE and get ready to Subpoena every person and shred of evidence out there from everybody.
If you will remember in my case WELLS FARGO was basically ordered by the Court to offer me a Modification when the head attorney for WELLS FARGO’S corporate defense team and I were holding a hearing in front of the Presiding Judge in the Broward County, Florida Circuit Court…to which WELLS FARGO put me into a modified loan and dismissed the foreclosure case.
That did not change anything other than remove their ability to foreclose, there was no finding if they had committed any frauds or ever had standing – it got rid of that problem for the Court.
So I filed a simple Declaratory Judgment action against HSBC in U. S. District Court.
HSBC told me they would not defend my suit and I could get the judgment I sought – and THAT would defeat my mortgage ! Plus, WELLS FARGO would have to give me all my payments back and my home would be free and clear.
ENTER WELLS FARGO. They asked the Court to set aside the default …and we were ready to do battle, which would have resulted in criminal action against WELLS FARGO as the US District Court would have ruled their foreclosure action to have been a fraud on the Broward County Circuit Court.
The Federal Court – surprisingly – dismissed the action saying ‘it had no jurisdiction and could not grant a declaratory judgment without it being part of a concurrent complaint for damages’.
A BIT OUTRAGEOUS since the U.S has a VERY distinct Declaratory Judgment Act which allows anyone to go to Court to have the Court decide parties, or prospective parties rights. The Courts just didn’t want the hot potato I was tossing around in the halls of justice.
While no court action is pending at this time,(and I have un-preclude-able rights to bring further actions) I have placed a HUGE complaint before the new Consumer Financial Protection Bureau (CFPB) that seeks findings and civil and criminal actions against HSBC and WELLS FARGO.
What YOU find out could help ALL of us ! One thing is for sure – these institutions do NOT want the truth and actual documents to come out…in my case the documents were forged…yours could be too.
THE MORE YOU FORCE THESE DOCUMENTS OUT AND TESTIMONY TO COME FORWARD, the better chance you have the banks will fold rather than risk criminal prosecution and more fines and more mortgages thrown out.
In Broward HSBC is seeing more than just mine now getting thrown out.
In one case I have become friends with an owner owing about $800,000 on a $550,000 home – which HSBC lost at trial and the gentleman got every penny of his attorneys fees (substantial amounts) returned to him by HSBC. Without payments, he spent around $50,000 in improvements
HSBC, if you are not aware, funded terrorism financing some years ago and 200 U.S. veterans are now suing them for assisting Iran to send terrorists into Iraq (search it !!!) to fight them – HSBC is not on AMERICAS GOOD SIDE and I’m sure that if the CFPB or some Court makes findings they also engaged in mortgage fraud, we will all sleep well at night.
That WELLS FARGO manufactured financial documents has been established…by WELLS FARGO themselves….it is no longer in question.
Perhaps we should consider consolidating efforts is some way, however one thing is clear –
MAKE EVERYONE PRODUCE EVERY PIECE OF WRITTEN MATERIAL AND IDENTIFY AND DEPOSE EVERY PERSON CONNECTED WITH THEM…you may be very surprised that they suddenly just want to be friends with you and make the foreclosure go away.
As always, if you wish to speak with me,954 781-9300 Eastern time. reachth@yahoo.com
fyi- in cases where settlements have been reached, it is common a gag order go along with it so as to not set precedent against the banksters…that’s why none of these have been highly publicized and why I have researched so extensively and attended lots of court proceedings and have been able to obtain pre-settlement information and documentation… I can not be precluded from my free speech rights and sharing my knowledge with those who can benefit from it.
Checkmate.
Tom
Great to hear from you, Tom. I posted a link to the HSBC story yesterday. Will be ramping up efforts on petitions and pledge. Trying some different things. Will be in touch
http://wh.gov/icu9z
some details of my case here
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
https://www.facebook.com/MainStPledge
for officials, FL Congressman supports, gonna take some work
Wow, the judge in my case ordered us to try and reach a modification as well, but the lawyers for Wells Fargo (trustee) B of A was the servicer doing the foreclosure refused. Third party firm hired to oversee. NOTHING! For years they told us that the investor on the loan didn’t allow for a modification. After the 30 days the judge gave us was up, they came back to court with the same BS. Made us not one modification offer. and the judge still give them judgment. But now I’m glad I they didn’t give me a modification cause it turns out they had the legal description on the property wrong on the mortgage. They tried to claim scribbler’s error? Yet, the judge happen to be one of the first drafters of Palm beach title rules black in the 50’s so he knew better. He vacated the judgement, sale, and certificate of title.
Although they have a fake assignment, (made by cooked firm consegura in Tampa ) and the note was assigned to the trust after the trust was closed, and I have a letter from MERS confirming the title was under different ownership at the time they filed the foreclosure, the courts will still sided with the bank. Unfortunately I had poor representation in the beginning. He charged me 3000 and didn’t even file the right defenses. But a blessing in disguise. Never would have never exposed this wrong description…it saved my ass.
I’m not sure, because I didn’t get much feedback from any of the attorney’s i contacted. But since the bank’s problem is with the mortgage (which is a legal document) which they will have to reform, they have a serious issue. One, the statue of limitations is up to reform a contract (5yrs) in Fla. Second, if they did somehow get an opportunity to reform the mortgage, they must then show it was an understood and MUTUAL mistake by both parties. IMO, it was never understood or mutual. Finally, if you Google 2005-FR4 mortgage pass-through trust, you will see that this trust that my loan was ” suppose” to be included. is in dispute with the investors in this trust suing the sellers, brokers, and the rating company of this for full damages. Which goes back to standing?
Nation star, who took over my servicing from B of A after the trial, has hired akerman to take over the case from Conseugra. They have only filed a NOA , no motions filed yet. Now.. (from my non-lawyer understanding) they must first amend their complaint, add the new description, and then try to get another judgment. But IMO, they can’t amend if they can’t reform due to SOL, Yet, if they do, we have the opportunity to file affirmative defenses to all their old and new complaints including standing. I’m I wrong here?
I’m in the process of moving bank into my home since the sale is vacated. Please Google Fremont loans. This is who originated my loan and made me sign by threat of not getting my deposit back if I didn’t agree to the new adjustable rate mortgage. Which was different from the fixed rate mortgage we had agreed to and the one on the Good Faith estimate. They were shut down by the FED’s for predatory practices.
I’m considering filing for quite title, or motion to dismiss because they basically foreclosed on the wrong home. Vacating Judge agreed. Moreover they didn’t even ask for a re-hearing of that vacated judgment. Which they were entitle too. HUMMM?
But some say don’t tip them off to your defense. Just let sleeping dogs lay, and wait for them to make the first move since they are the ones that must produce evidence. After 4 years and 20K I just want it over.
Yet, the only reason I had 20k to fight them is because I save every penny i didn’t pay on my mortgage payments for 2yrs. So I had the resources to hire a good defense in the end.
If you doing this on your own I hope you not in FLA. if you are in Florida please GET A GOOD FORECLOSURE LAWYER ! Get them to let you do a payment plan. My case took 4 court days over 4 months with several days of testimony, examination, cross-examination of several bank witnesses and a court reporter for appeal. If you want good representation it is not cheap. Lawyers never are!
Thanks hammertime. I have been away trying to figure out a next step. Spent some time on Avvo, Called a few attorneys as I’m wasn’t sure if I could have filed a motion to vacate and how to do it effectively and properly on my own. Anywhere between $2500 + $760 monthly fee up towards $17K just to ‘dig’ to find out if anything is amiss. The sheriff will be scheduling anytime now. I want to thank you ALL for your responses and wonderful support late into the night and to let you I will continue to support you in your endevaor to right the heinous wrongs these banks are not held accountable for. Wish I could have been one up to help bring justice to its rightful place.
Suz….please email me your email address and I will send you my Motion To Vacate that may be helpful for you. elyse@gte.net
Very grateful, ldynps. I’ve just spoken with another attorney – $3500 just to file the motion. If I had those resources, you’d bet I’d be paying the mtg. Sending email… Graces.
Once an attorney enters an appearance, he’s representing you. YOU have to get your attorney up to speed on your case. It sounds like you’re already way late in doing anything Sued, and $3500 isn’t just to “file a motion”. The first qualified attorney I talked to wanted $20,000 up front! Why? Because he knows how long this takes. The procedural twists and turns will lead to your summary EXECUTION. Yes, you need to cough up $3500, $2500, SOMETHING to get the attorney involved in your case.
About 15 interviews and two retainers later, (I even paid a highly respected practitioner $500 to tell me I can’t win), I was lucky enough to find counsel who in turn was lucky enough to find ME to explain the securitization fail and fraud that resulted in a foreclosure judgment. I para for her, she works my case and others, and we became a team. I never dreamed I would be torturing the 7th Circuit CofA or a state court surviving 6+ years of litigation.
I am very sorry for all of you who are behind the 8-BALL in this battle. But now you have to make a decision. Flip or fly! You can stop the sheriff’s sale with a bankruptcy petition, but you have to commit to filing adversary proceedings. You can’t do that if don’t have claims. You won’t have claims until you researched and learned the issues pertaining to your loan. Lawyers are great, but they, too, have to have devoted the time to get up to speed on this fraud. Remember, we’re defending against fraud. Fraud must be pleaded with specificity. Bankruptcy court is the proper venue to defend against fraud in the handling of your note. It doesn’t mean the judge will listen (they all got the e-mail about stopping homeowners at all costs). You have to embarrass them with the absurdity of their rulings in appeals court just to get traction (depending on your state and district courts). The judiciary is out to protect the banks. And their attorneys.
Once bank lawyers start fabricating documents and transmitting them through the wires and mails (Wells Fargo Foreclosure Attorney Manual, anyone?) they are engaged in racketeering and debt collection violations. An unrecorded mortgage and an unendorsed note do not a foreclosure verdict make. Get on it!
Not an attorney, and this rant is not to be construed as legal advice.
It’s criminal, not Civil and it’s called The RICO ACT….an ongoing criminal enterprise. The Banks are the friggin Mafia and they control the Courts, the Media and the world!! The banks destroyed the notes and the only way out for them, steal our homes and sell them to create a new note!! Biggest Crime in the history of America!!
Thanks usedkarguy. Unfortuantely, i don’t have the resources to pay whatever up front. Lost a $100K a year job in 2008 – used my entire retirement to survive and start a new bis – now making just above min wage to survive – had to move out of the house, so someone else could carry the motg. Not a sob story, just the facts. Here in NJ, the courts do not favor “proof of standing” alone as a defense strategy. Even using the UCC code 3 fails. This is a powerful and agreesive law firm on behalf of the plaintiff bank who may legal standing or not – they represent nearly 40% of the plaintiffs currently on sheriff sales in the county. The mtg is certainly recorded (albeit 5 years later) which the court will not even flinch at – so no issue there – it’s just that it was re-assigned before app for the FJ and was granted. – No sub of plaintiff filed to date. I have been researching cited law to coincide with my comlaint filings, but there are so many, and cannot find something exact to support it.
Here’s a good post. It seems they frown upon when it’s been years and issues are brought up at last minute but standing can be brought up. Seems you have very solif reasons and bad representation as well.
“Similarly, in HSBC Bank USA v. Gomez, 2013 WL 105303 (App. Div. Jan. 10, 2013), defendants filed a motion to vacate default judgment 16 months after default judgment was entered and one day before a scheduled sheriff’s sale. Among other things, defendants in that case argued that plaintiff lacked standing to foreclose because it did not demonstrate that it took possession of the underlying note and mortgage on or before the date the complaint was filed. Id. at *5. In support of this argument, defendants relied on two cases in which the Appellate Division had permitted defendants to raise standing as a defense to foreclosure complaints — Deutsche Bank National Trust Company v. Mitchell, 422 N.J. Super. 214 (App. Div. 2011), and Wells Fargo Bank N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). However, the court distinguished those cases from the case before it on the basis that defendants in those cases had defended against the foreclosure and did not wait until final judgment was entered to do so:
As distinguished from the present case, however, in both Ford and Mitchell, the defendants timely filed answers and counterclaims in the foreclosure litigation, questioning the validity of the assignment, and contesting the plaintiff’s standing to file the foreclosure complaint, and our reversals were of the trial courts’ grant of summary judgment. In other words, the defendants in the other cases actively defended the foreclosure litigation from the outset and did not sit on their rights.”
http://porzioproperty.pbnlaw.com/2013/02/changing-tide-in-foreclosure-litigation-courts-taking-closer-look-when-defendants-assert-lack-of-sta.html
I agree if it comes to that on bk but I would try to vacate and/or file complaint with CFPB and let elected officials know. CITI is part of National Mortgage Settlement! They are required to have reliable evidence, proof of valid transaction and valid documents. Once in bk can’t use settlements I recall. Just plain research, no legal advice.
And Citi also has a Chase type of settlement from July!:
“”Under the terms of this settlement, the bank has admitted to its misdeeds in great detail. The bank’s activities shattered lives and livelihoods throughout the country,” he said. “They contributed mightily to the financial crisis that devastated our economy in 2008.
Shares of Citi (C) rose more than 3% in midday trading.
What it means for homeowners:
Some homeowners with Citi mortgages could see the amount of their loans reduced, or could have their interest rates reduced. There will also be down payment and closing cost assistance to future homebuyers.”
http://money.cnn.com/2014/07/14/news/companies/citi-settlement/
Definitely a crime if you lose this. Lots of ammo there.
Hopefully ldynps can help you with her motion and I’ll do what I can if I can add anything. In my situation before the criminal complaint sentence I was told by one lawyer that it would cost me $10,000 to put together the motion I needed while another quoted me $500. The $500 guy couldn’t make it and with just a couple of days to go I found a lawyer who did the motion for $1,000. This person just stuck to the basics and she got me a continuance.
Somehow I don’t think you’re focused on what we’ve been saying, it’s not an attack. There is no blueprint like you’re trying to find, that’s really the worst approach with the courts except for references to other cases.
I would say keep trying with lawyers but focus on them explaining to you your options not necessarily make the case for them. When someone sounds reasonable and isn’t going on script then show your research etc.
What’s the timeline per the statutes of sheriff setting sale and what are your options after sale and before eviction or recording sale?
Today Garfield has a case that talks about this as well.
“The case is a direct instruction to do what I have been advocating for years. If you think you have a meritorious defense or attack on the foreclosure, deny the implied claims, and plead and prove that your objection is not based upon procedural irregularities, but rather on the fact that the party seeking to sell or foreclose the property never had any right to appear must less enforce anything involved in the loan.
In this case the status was that the sale had already occurred and Recontrust was seeking the usual eviction. The Judge, separating the chafe from reality simply said that Recontrust had no rights whatsoever and that the eviction would not occur (judgment entered for homeowner) and that the reason why the homeowners wins is that the foreclosure sale was void ab initio.
The lesson is that if you are going to try to split hairs you are at best headed for a continuance so that there is an appearance of due process. But if you really want to win, then you need to learn something about securitization — the concept, the written documents and the actions by parties claiming rights under self-serving documents that are completely false.”
http://livinglies.wordpress.com/2014/11/11/utah-judge-voids-foreclosure-sale-it-never-happened/
But he also says not to argue securitization, just to know how the fraud is committed and you can identify it. That’s exactly what we did showing breaks and no proof of payment.
Here’s another good one:
http://www.lsnj.org/NewsAnnouncements/Foreclosure/materials/EXHIBITPWolfMotiontoVacate.pdf
And you also have this requirement:
Sheriff’s Sale
When the bank intends to sell your house, it must advertise the sale weekly for four weeks in a local newspaper. That gives you a minimum of another month after the entry of judgment against you. If the bank has a large backlog of foreclosures (and many do, these days) and doesn’t schedule the sheriff’s sale right away, you may have even more time.
http://www.jenkinsclayman.com/how-fast-can-a-bank-foreclose-in-new-jersey/
Happy Veteran’s Day!
Barclays Plc (BARC) and HSBC Holdings Plc were among six banks sued by U.S. soldiers and their relatives over claims they helped Iran process billions of dollars in transactions and support terrorists who attacked them while serving in Iraq.
…The case is Freeman v. HSBC Holdings Plc (HSBA), 14-cv-6601, U.S. District Court, Eastern District of New York (Brooklyn).
http://www.bloomberg.com/news/2014-11-10/barclays-hsbc-sued-by-u-s-soldiers-over-attacks-in-iraq.html
Good afternoon hammertime!
A decision was handed down by 8th district Court of Appeals in which I was denied reconideration of my foreclosure case and I would like to file a lawsit against the Servicing company and the said lender for fraud in the court… During Discovery the plaintiff and the servicing agent claim that they had in their possesion personal knowledge of my signing documents including the loan modfication through an Affidavit from the servicing company which is FALSE because I have in MY POSSESION the said modification aggreement and it was never signed nor was it notorized by myself
I went Pro Se in the Summary proceedure of this case but I wasnt allowed to speak during the hearing only submit documents and facts to the court in which I did but the plaintiff was awarded the decsion in which I filed an appeal and I hired a lawyer but the appelant court said i cannot raise any new arguments during the appeal process.
This case has been ajudicated twice before for this home because I had the oppotunity to state my claim during court but not this time.I would like to know the proceedure in filing a lawsuit against the Lender and servicing company seeing that their claim through an affidavit from the service company that I signed the loan modification.
Thank you very much
D.A.
Hi Don, answered your signup on link I posted. You may have to check your spam. What state are you in? I bought some time on my sale.
Carmen Segarra and Alayne Fleischmann, the Chase whistleblower this week are real patriots. We need a common sense approach to stop the theft of our country and restore real trust in our institutions and government.
Please support my petitions for a common sense approach and accountability.
http://wh.gov/icu9z
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
https://www.facebook.com/MainStPledge
I added more detail to petitionsite with main issues in my case with Chase
@Angel, couldn’t find your doc, can contact me here http://bit.ly/Si8EL5
But yeah just 3 likes so far pretty sad or just the beginning
I must be missing something here? There is no way to SIGN YOUR PETITION?????
https://petitions.whitehouse.gov/petition/implement-common-sense-approach-foreclosure-fraud/GRS9FcP2
You just need to fill you name in the boxes off to the side in order to sign the petition. Then it will ask you to verify it via an email sent to you at the email address you use.
Thanks Tricia, just beat me to it.
And for facebook PLEDGE just click on Like at top of page and comment would be good.
Here’s direct link to tab: http://bit.ly/1xJaWB7 with pledge. You would need a facebook account at facebook.com
I did the other petition on care2 as well, each has it’s different approach due to limits and kind of rushed. But they can all feed each other.
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
The Congressman recommended the White House petition and may be best chance if we have 2 more years of a do nothing congress.
Care2 has some good tips and help to circulate but need to switch gears to stop sale in about 2 weeks.
Do whatever you can to post on blogs, newspaper sites, send to friends etc.
I have also started a White House petition. Need 150 signatures to go public and 100,000 for administration to review.
http://wh.gov/icu9z
Thanks hammertime. Not sure whether I ever received the original note with SelMtg. The earlier Mtg papers were destroyed in a flood in my home. I only managed to save a few pieces. So, if Citi brings to bear the NOTE I received a copy of at closing with Flagstar, with what looks like my signature, what defense do I have if I don’t have one to compare? that would only make that one valid, right? Should I be asking for all the paid off notes through the chain?
NOTSETL is the satisfaction of the Mtg, (I think) – the ones recorded in my county file that discharge me from the debt with that bank. (Notice of Settlement) – that is not the note, is it? My signature isn’t on those docs. From what I’m understanding is that somewhere, Citi should provide all the original ‘notes’ being transferred and paid since SelMtg? Is it all the notes being paid from one to another the chain of title? Who else may have those docs besides the lender, if I don’t possess all of them?
You are correct. The FJ has been filed but not yet evicted, so at least I know I must go through the county court. Do you think this motion template would provide me enough to explain my defense? Seems like multiple choice with a few things missing. – http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Certification_in_Support_of_Defendants_Motion_to_Vacate_Judgment.pdf
No prob. I’d say you can work backwards from latest that claimed a payoff and question Citi’s standing. Then see what you can do to verify your debt and title as much as possible. With quiet title all who have claim have to step forward and if they don’t court will wipe your title clean and you can propose your own “modification” if necessary I believe. Need to run will review later.
Oh and NOTSEL is not the note. It should say who was paid though and/or who holder is. But you should have received THEE actual note as well.
That’s a great document for people to review. Lays it all out. Only thing missing is the specific complications of broken chain and verification of debt. If you verify Citi info against copy of note and they don’t match up with endorsements seems 8-10 would be covered. If they do then go back to previous note and contest verification of payoff is my thinking just opinion of course. But you also have options for OTHER to get into details it looks like. Now find an example of completed case and you should be set.
Hi hammertime; ALL – Thanks for your response. I wouldn’t know if indorsements matched since the note I am in possession of has no indorsements, not signatures. It appears all the infor they set forth in the complaint are a mirror of the copy of note in my possession.
In any event, I wanted to be sure about whether Citi even had the legal right to seek/file entry for FJ AFTER having assigned the mortgage to FNMA/Seterus. I found this on another site, and am trying to discern between partial transfer. The mortgage follows the note, right? Perhaps it can define for others as well. Let me know your thoughts as I make my way through: http://my.firedoglake.com/masaccio/2010/10/20/legal-issues-on-enforcement-of-promissory-notes/
It’s late, but Suz I think you’re over thinking it. You don’t want to make it “right”. If there are no endorsements then that’s your reason to vacate as the form says. That’s it! By matching I meant see where they claim they were owner etc and see if note and stamps make sense. So if Citi claims they are not just the holder there should be an endorsement to them. If no endorsement that’s your case you even have the added case where it needs to be dated per the form! Just do that basic “matching” and get a consultation before you go crazy. If they match then make sure assignments are in order and working backwards to where you question they paid the previous loan. But I keep saying start with the fact you have no proof the previous loan was paid. Either way you want to show there’s a broken chain and not try to fix it for them! But if you have time have at it.
Hammertime. Did you receive paper statements from Chase? I kept all my paper statements from chase. They quit sending them when I got behind but then they put me on forebearance and from there trial mod which they breached (the first one) but I kept copies of all payment even though they quit sending me statements. 2009 is when they started getting sloppy with my mortgage.
There was a while they stopped then they did a new accelleration and NOD and started again I recall. They are now basically doubling the payment! This was done I believe to appear to comply with homeowner bill of rights that went in effect 1/13 in CA. 2009 is a key year but there is no way these were mistakes or sloppiness, again that let’s them off the hook like the settlements did although settlements can still be used. Late ’08 was when mergers, sales happened with WaMu, Bear Stearns etc. The “errors” were corruptions by MERS, and the servicers etc and now “errors” are being used to say they own all these loans and boot us out with no docs.
That’s the thing I can’t figure. A satisfaction of mortgage has suddenly showed up recorded by amro. But the recorded date is in2003. I did not refi. With Chase until 06. I had a coupon book with amro and then chase started sending me statements I never saw the release of mtg in public records until the other day which leads me to think that now the courts are falsifying recordings in public records and also a NOC was recorded from a company that did not work on my house. I am not surprised though. I have all the originals of satisfaction of mortgage showing paid. But the 2003 anti paper. I don’t have a original paid. I KEEP EVERYTHING. Now they are falsifying recording. How far will they go!!!
Ooh boy, hammertime – Please excuse the brevity of my response – I’m really not trying to be thick here, but apparently, I’m clouded. Perhaps I’m not communicating as effectively as I would like. And hopefully not taking up too much space here – I just can’t make heads or tails of the NOTE. The paper I have called a “NOTE” was presented at closing with no signatures and only lists Flagstar as lender. This is the only document I ever received regarding a NOTE.
Timeline IN and NOT in my file.
For this property:
* First NOTSETL -Mortgage originated with Select Mtg on 11/21/01. Recorded 12/10/01
* Select Mtg. assigns to RMBG on 1/9/02 (recorded) made payments to RMBG
* RMBG assigns to First Nationwide Mtg Group on 9/4/02 (recorded) have no clue who this is; never paid them.
* NOTSETL w/ SIB Mtg. 12/19/02 (recorded) – later recorded the actual mtg on 6/19/03
* Discharge Mtg with Select Mtg. 4/10/03 (recorded)
* Discharge Mtg with SIB Mtg. 1/30/04 (recorded, but part in blank (no state listed) on discharge)
* Refinance with World Savings (Deferred Interest Adj Mtg.) 1/9/04 (NO NOTSETL with this bank on record.)
* Discharge Mtg with World Savings (Golden West Savings Bank as “trustee”) 2/2/05 (recorded)
* Refinance -NOTSETL w/ Flagstar Bank 1/10/05 (recorded)
Then – started making payments to ABN-AMRO in 2005 – no assignment recorded.
Received letter from ABN AMRO on 8/10/07 to start making payments to CitiMortgage (understand there was a merger, but no assignment otherwise recorded)
I stopped paying Aug of 2012, then Hurricane Sandy hit and could no longer rent the unit. – (after losing job in 2008, 2010 nearly went into default, but managed to make up the payments.)
Flagstar assigned to CitiMortgage on 6/7/12 recorded right before I stopped paying.
Citi filed lis pendens and complaint (which I never personally received) 10/15/13
Citi files Request to Enter Default 2/26/14
Citi ASSIGNS Mtg to FNMA c/o Seterus 6/12/14
Citi Applies for Entry of Final Judgment – 7/10/14
Citi GRANTED Final Judgment – 9/23/14
Seterus contacts me via phone on 8/6/14 informing me I should have received a welcome packet and they have a guaranteed loan mod from Fannie Mae to get me started. I explain to Seterus rep that Attorney’s for Citi have a lis pendens (as I’m not privy to any complaint, etc.) and he checks with some managers and has no idea what I’m talking about. He’s happy to be of service and will send out a payoff quote as I had a potential buyer. Never received a thing.
Called Seterus back about Fj when I received it – they again have no knowledge and asked me if I received the mod package. They told me to call Citi and inquire about the FJ – I did so, was on the phone for nearly an hour w/CS rep who claims she contacted their foreclosure dept and every dept within Citi she could contact and none has any info on my acct. other than the account was closed and transferred on 6/1/14. They told me to contact Seterus to find out what was going on.
So are all these recordings only of lender/servicer to lender/servicer? No mention of a NOTE being transferred to any of these parties. Yet Citi claimed to hold the note and now Seterus claims, as does Fannie Mae that FM owns it. Can CIti still be holder after assignment?
I have on chance to file a motion to vacate, just want to make sure I have all my ducks in a row….
thanks for the link @ hammertime – I just don’t know which one to file- set aside a judgment, vacate a judgment, respond to surplus – extend time to answer. are these all separate?
Hi Hammertime
I guess I understand. I would believe that if a mortgage gets transferred to a new owner that there should be recorded in public records that it is paid off and transferred if to a new lender as if one refinanced. I am not really dealing with that so much asChase was my lender when I refiled and I also made my payments to Chase. But obviously I did sign a new mortgage with Chase and Abn amro was paid off(the original mortgage). No assignment necessary in my case. The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note since the day I refied with them and they r using Fannie mae as a cover up to hide all of the now obvious mistakes they made with me an numerous others. Fannie Mae is nothing more than a facade for these banks to cover up all their deceit and lies.
Ok this sounds similar to my case. Now you need to focus on how ABN went from being the original lender to you making payments to Chase. It sounds like you’re saying you started making payments to Chase BEFORE you did the refi? So they must have claimed to be the servicer at some point. Question is did they simply get servicing rights basically to collect payments for ABM or were they the investor or servicer for someone else?
They are manipulating the term refi in my opinion to make it seem that it was always the same account or an account was closed and re-opened making it seem like there was a PAY OFF when in fact THERE MAY NOT HAVE BEEN. This is where the MERS, WaMu chaos comes into play. Refi refers to that the loan is not a purchase loan. They can legally transfer etc but if I don’t know you from Adam why would you transfer a loan to me without payment? That’s exactly the point Garfield made the other day.
So when you have two completely different lenders on a refi you can’t assume it was “just a transfer”. I would say you should have the original paid note from ABN and then go from there and see exactly when and how and what version of “Chase” got involved. That’s what Bobbi and Eugene are talking about with CHF.
If we really work together and put our heads together I think we have some serious claims that make Ocwen look like child’s play. We have to quit playing the should’ve game and understand they were out to do us damage. I don’t think Jesus Himself just said forgive and forget.
@ LMS53 – In response to your post “The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note…”. Chase would not have any means of possession of the original note with ABN AMRO. The title company/closing agent wires the funds directly to ABN AMRO at the funding of your refinance and the cancelled note and mortgage along with the recorded satisfaction of mortgage recorded in public records are returned to YOU; not to the new lender (Chase). Chase has no purpose nor any means of acquiring that paid off note from ABN AMRO.
Yes but LMS is saying Chase was paid before the Chase loan so they may have been servicer as CHF or other entity. These guys lied and made up stuff not just “mistakes” and Fannie Mae etc. CHF took over my “loan” and then said it was WaMu 3 years AFTER WaMu actually returned my PAID note. What is it 10% of loans during this period were done the way they were supposed to? Every time we say they were mistakes or even robosigning we let them off the hook.
@ Bobbie Are you referring to this article:
Negotiable Instruments Explained by Neil Garfield
I read it as an overall primer with points like this that we need to keep in mind in general before going down the assignments rabbit hole:
“Then we go to the maker — the person who signs the instrument promising to do something — like payback a loan. Nobody would sign such an instrument unless they were protected from multiple claims on the same promise. So protection of the maker is of paramount importance. The marketplace would stall out if the maker was at serious risk of multiple claims that would bankrupt him based upon one promise.”
Amazing it seems as though he’s reading my mind or reading this board!
Now i am really confused :-/
This looks promising though not exactly your situation?
http://foreclosuredefensenationwide.com/?p=535
RHODE ISLAND FEDERAL COURT PERMITS ATTACK ON SECURITIZATION ASSIGNMENT
NOVEMBER 22, 2013
November 22, 2013
A New Jersey Chancery Judge has just denied a Motion to Strike a homeowner’s Contesting Answer and Defenses and dismiss his Counterclaim in a New Jersey case involving five (5) claimed Assignments which involve MERS, EMC, and Wells Fargo. In what appears to be a unique case, Wells Fargo has requested, in its Complaint, that the Court declare that three of the Assignments are void and of no effect. Counsel for Wells Fargo attempted to argue the Motion as one for summary judgment although it was not styled as such. Motions for Summary Judgment are decided under a completely different set of rules and case law in New Jersey.
The Judge stated that he has never seen a chain of title to a mortgage loan which is so complex, thus giving rise to issues of material fact and warranting denial of the Motion to Strike and Dismiss.
Jeff Barnes, Esq. represents the homeowner together with local New Jersey counsel Michael Jacobson, Esq. Mr. Barnes is admitted pro hac vice in the case and argued the matter within the last hour.
http://www.judiciary.state.nj.us/superior/faq_fore.htm
Q: What types of motions are filed with the Office of Foreclosure and what types are filed with the county?
A: There are several types of motions that may be filed in relation to a foreclosure proceeding. Some motions should only be filed with the Office of Foreclosure, while others should only be filed with the General Equity judge in the county of venue (the county in which the foreclosed property is located). Certain motions may be filed either with the Office of Foreclosure or with the county General Equity judge, depending, in part, on whether or not a foreclosure final judgment package has been filed with the Office of Foreclosure.
Types of Motions filed with the Office of Foreclosure:
Motion for Entry of Final Judgment
Motion for Entry of Default Out of Time
Motion to Vacate Default (if the final judgment package has NOT yet been filed)
Motions Extending Time to Answer (if the final judgment package has NOT yet been filed)
Motion to file an Amended Complaint (when any answer—contesting or non-contesting—has been filed)
Motion for Surplus Funds (if payment of surplus funds is not contested and the party seeking the funds was a party to the original foreclosure case)
Examples of Motions filed with the county judges:
Motion Extending Time to Answer (if the final judgment package has already been filed)
Motion to Vacate Default (if the final judgment package has already been filed)
Motion for Summary Judgment
Motion Appointing Guardian Ad Litem
Motion Appointing Rent Receivers
Motion Appointing Attorney for Party in Military Service
Motion for Substituted Service
Motion to Set Aside Final Judgment or Summary Judgment
Motion to Stay Foreclosure Proceeding (There are various reasons to stay foreclosure proceedings; the defendant will need to contact an attorney to determine if this option is available to him.)
Motion to Stay Sheriff’s Sale
Motion to Stay Eviction
Motion to Vacate Sheriff’s Sale
@ Suz did you read what I posted about payoff? Read Neil Garfield’s post today about promissory note primer!
Hammewrtime – read the article by Garfield but that article is referring to the promissory notes within a foreclosure suit – not the promissory notes of a refinance. At a refinance the mortgage being paid off is satisfied and the note securing that promissory note is no longer valid. It should be returned to the mortgagee along with the recorded satisfaction of mortgage. Garfield is referring to the transfer of the promissory note and mortgage from payee to payor and the effect once it enters the realm of the secondary market.
Thanks hammertime, I am reading it, and it is basically my question as it appears CITI and Fannie Mae/Seterus are asking for the same debt. I found the NOTE in my paper file and it is what CITI claims as part of the original complaint, but it lists no OWNER, only Flagstar as Lender. There are NO signatures on this note.
Also, what I found puzzling though was why CITI’s attorneys forwarded the FJ to Seterus’ Foreclosure Dept. – under the guise – “For your information” yet Seterus claims not to have any info on my foreclosure which is why they are offering a loan mod. I’m trying to get to the bottom of whether at this juncture, CITI can amend the FJ to add Seterus as party, or substitute plaintiff either before, during or after the sheriff sale. I wish Garfield could outline how to fill out a motion form regarding this particular instance. Sadly, the clock is ticking and I feel I’m running out of time to file this motion. 🙁
So getting to the basics if Citi and Fannie Mae are both asking for the same debt and not by proper standing or authority then at least there is a cloud on title it seems. When you say you found the Note is it the paid off note on refi or the “current”, original purchase note in dispute. If current note sounds like it’s your docs COPY they sent to you which is ok. So you need to show some evidence that both are claiming the current debt. But what I’m trying to get at is if you refi’d did you receive the ORIGINAL NOTE, not a copy of original, marked paid and with proper endorsements and not JUST a letter.
If you received any other copies of the current note you can check if they match up with the one they first provided you and or if there are any strange or unmatched endorsements. On a transfer I do not believe you would have an endorsement. If there is an endorsement then there must be a claim/assignment to be investor or buyer or servicer. Again buying servicing rights is different. When you say owner that is confusing. There would be no owner designation on promissory note unless something unique in NJ. “Owner” starts coming up when there is an investor or some entity is claiming ownership through transfer. So that could be your red flag that someone says they own the loan but no records of assignment that should be backed up with record of payment and endorsement would be one clue. But the final evidence is wire transfer or other PAYMENT documentation especially if probable forgery involved. This goes to wording of “reliable evidence” in settlements and homeowner bill of rights language.
One of the points of Garfield’s primer is that we are protected from having multiple claims against us and assurances that debt can’t be charged without assurances of our rights being protected.
Not familiar w/ NJ but I would think you could raise these points for some type of continuance or get a free consultation to verify your options.
So POSSIBLY use clouded title, no reliable evidence that the latest one trying to take the property is the actual creditor and the biggie to me that no reliable evidence that previous loan was paid if you never received the original note stamped paid or with letter. Last one is where you would ask for and contest verification of debt. So if not done so then could be grounds for more time if you are now aware of problems of any previous verification of debt.
@hammertime – I don’t believe I have ever had an ‘Original NOTE’ stamped or with any endorsements. This should have been with my first mtg on this property, no? The only doc with the word NOTE on it is the one with Flagstar as lender and that came long after (several lenders) the original mortgage I took out with Select back in 2001. Actually, I just read that Citi claims to be the “holder of the obligation and the mortgage – is the NOTE the obligation of an in itself?
Yes, exactly it is the negotiable instrument as Garfield explains. That’s a very good breakdown that gives you your big picture, That’s a basic chain of title your lawyer should have done and would have charged a pretty penny. That note you signed way back in the beginning is like a personal check you wouldn’t accept a xerox copy of right? So each refi the note that was paid off with your wet ink signature, not a copy, should have been returned to you in mail and then you had a new note “active”.
It looks like SelMtg was your purchase loan and then World Savings refi and then Flagstar. So you should have a paid note from SelMtg and World Savings. Everything almost in between looks like has problems. World Savings prob predatory ARM.
Looks like Citi should have been servicer or investor on Flagstar loan where there should be proof of transaction. So the Flagstar copies should show an endorsement from Flagstar to Citi is my thinking and since everything is so messed up proof of transaction. Your dates of ’04, ’07/’08 fall in with all the “toxic” loans.
What is NOTSETL?
At the end it looks like dual tracking of offering mod while going forward with foreclosure while CITI may have no standing if can’t prove they paid off Flagstar.
You were also affected by harm done by banks in ’08 and natural disaster just like me! Although mine was just a freak wind storm!
I copied court options right from web site so see what makes sense as to where your at. Definitely get a consultation. If it is allowed it seems stay or extension would allow you to make them verify debt and standing and negotiate but first make them produce paid notes etc. In CA the entity/trustee pursuing foreclosure is supposed to hold the note. So it can go back and forth it seems from trustee, servicer, owner/lender. Yes, all separate, whole menu depending on where your case is in the foreclosure department? or county office. Sounds like your options are in county with final judgment package filed but not evicted right?
But sounds like you can even quote the judge on the case I sent of title that’s too confusing. Looks like multiple breaks in chain.
What Garfield has been focused on is that “lenders” are not saying they are “holder in due course” because they can’t claim you have no defenses so that’s why they only claim to be the holder.
You need to go to court house or online and not expect them to answer you at this point or there’s some violation there as well.
My experience in court is minimal but Bobbi’s advice sounded right per my experience. But don’t acknowledge any of the lender’s/servicers besides the original and even that you need proof that it was paid off with paid note. Don’t deny you owe anything but you can’t tell who is the real creditor at this point and they need to verify the debt.
Hello Everyone, I also have Chase Home Finance, LLC as the owner of the Note and Mortgage. In 2009, they claimed that they merger with JPMorgan Chase bank, N.A. and CHF was the successor by merger. The OCC approved the merger in May 2011 with JPMCB as the surviving entity. After a three year lull, now in 2014, CHF is assigning the mortgage to Bayview Loan Servicing, LLC who is acting as agent for M&T Bank. JPMCB was the alleged original “Lender.” No assignments to CHF, no assignments from CHF to JPMCB. Bayview claims to be owner of the mortgage and claims to be the servicer for M&T Bank. Bayview claims to have taken over the servicing rights from JPMCB and is servicing on behalf of FreddieMac. FreddieMac claims to own the mortgage since 2006, date of loan origination.
How did OCC grant approval of the merger when CHF and JPMCB were just the subservicer and servicer for FreddieMac?
Eugene – I have the exact same mortgage with Chase and the same language they used in the foreclosure action on the merger. Funny thing, though, is that the merger was never officially approved by the OCC in 2011. You need to look at the ‘conditions’ that were attached to that approval that were never met. YEP, I wrote and got the papers under the Freedom of Information Act. Just because they filed for the merger did not make it official. If you would like copies of what I have send me an email and I will scan and forward them to you. In my case just 4 months ago they sold my mortgage to Penny Mac and like you they never filed an assignment. When Penny Mac calls me I just tell them ‘you don’t own any mortgage of mine according to public records.”. You would think that after so many months of the same answer they would check the records….but what can you expect from minimum wage workers who do nothing but call (harass) people all day long
bobbi@landmarkmortgage.net
Thanks, that now makes sense. Didn’t think about that. I had a Substitution of Plaintiff on October 24, 2014 that was granted to Bayview that had stated in their motion that they needed this substitution in order to file a Final Summary Judgment. Really? I guess CHF or JPMCB didn’t have authority?
New Jersey, a judicial state, has the most corrupt foreclosure judges. I have another case where OneWest assigned to Ocwen and I have the judge all knotted up because I filed a “fraud upon the court” where he is the guilty party. In my hearing for this motion last Friday, he was so bent out of shape that he got up and almost left the courtroom.
If you can send that FOI on the merger, I would greatly appreciate it. If there’s something that I might be able to help, let me know. Thanks.
eugenevillarreal@hotmail.com
@ Suz – No, that’s how they bamboozled us. Unless by note of settlement you mean the actual original note of loan that was paid off. In the past before this fiasco a reconveyance and or note of settlement was accompanied by THE PROMISSORY Note that you signed which represented the debt. Look up reconveyance and return of note should be ONE of the requirements. So if you understood and in the past it always meant that the loan was “paid off” you got that physical note BACK as your “receipt”. Chase actually wrote in a letter that their policy is to return the paid note when paid off but THEN said the loan was transferred and not paid off OVER 6 years! If it’s an active loan they will say they can only give copy etc.
I’m saying “receipt” to make it simple since people have a hard time now getting sucked into all the made up language of the banks. It became “kind of” paid off only after they went nuts with securitization etc. But securitzation is not the problem it was the bank’s chopping up of mortgages and MERS, COPIES floating everywhere, making a mess of things, NOT US who they put the blame on. So that’s why they had to start saying notes were lost etc.
We’ve been conditioned to believe a bank can lose stuff and it’s no big deal!
Long story short they are trying to say they can reconvey and send you a bs letter and that’s all the proof they need of payoff. So you should have received your paid note right after closing. I think this is the biggest mistake we as homeowners make to get caught in all the assignments etc when you have a refi at the root of your chain. If a brand new loan that’s different it seems. Unless they mix a loan with someone else but that can never happen. RIGHT?! Not!
The only way I see any way out of them not delivering paid note is if you agreed that there was no payoff somehow and basically they just restructured the old loan. I doubt any of us agreed to that but they keep insisting that’s all it is. My closing statement says “pay off” of such and such loan.
So if it’s the case your previous loan was PURPORTEDLY paid off but you never received the note that is a violation of your rights I understand. So you can say the debt isn’t verified from that point. I would look for a quiet title case to get your wording or basically fraud by anyone that claimed that the debt was paid when there’s no reliable evidence. Reliable evidence language comes from the settlements. I would go on https://livinglies.wordpress.com/ and read up.
Are you the one that paid a bunch of money to lawyers? I would complain and have them right it up AFTER you do the research. There’s a group that’s promoting that exact approach and I have basically had to by necessity up to now.
Hammertime
I know previous attny said at one point Fannie and chase were trying to claim ownership of note. There are also two recorded satisfaction of mortgages when I first bought property by Abn amro
Which is strange and both were recorded long before I ever refied with Chase. I wonder if the courts can backdate stuff like that as it would be easy for all kinds of fraud to surface without borrower knowing. I also saw an notice of commencement that suddenly popped up from 2008. I had a lot of work done on my house but never from the company that filed the NOC in cty records. Something is sure not right with what is going on in the courts here and I still have not forgot the fact that when I was 2 days away from my trial the judge that was assigned to my trial was an ex attorney for chase. I definitely feel they r trying to cover up something with my foreclosure but hopefully that will not happen now that my case is also being monitored by the federal court. As you said let sleeping dogs lie as I have no plans to move.
@LMS as previous post – the other part of your comment on Chase file you have endorsed you should match up as to refi, transfer etc and see if match makes sense and hopefully you can tell when it was endorsed. I think they are dragging their feet because there’s something wrong with your chain of title. Loan mod isn’t going to fix that. If you never plan to sell then maybe you could let sleeping dogs lie?
Well not what I’m saying and it seems we are being told different things by Chase as it fits their purposes. First I’m saying on refi and a previous mortgage/note was “paid” by right they need to send you the paid note as well as file a revonveyance usually. Now a transfer may be represented by assignment as Bobbi I believe was talking about can either be filed or not depending if for servicing rights (can also be sold?) or if loan was bought. So my takeaway is either loan OR servicing rights OR both can be bought by a servicer or other entity. That’s why their claims need to match up as to when they claim to be investor, servicer (what type) and they need to be backed up by endorsements on notes even if just copies if claim to buy or be beneficiary. Actually may be first time I put it all together so hopefully makes sense and double check. Only gap would be who is note endorsed to when to a REMIC etc and that’s where you get into whole investor hiding game it looks like.
Has anyone hear of Lindsay M West as BAC robo witness ?
Interesting hammertime that it has to be marked paid if transferred. The one in my file was only endorsed by Chase stamp and that’s it I will get on website. Just laying low because have court date coming up and my loan is back in underwriting for the umpteenth time. Can’t wait to see what they propose from the settlement. Not getting excited though
Trial payments are not the problem. It’s what they want you to pay back in total after they add on their lying fees, etc. why do we have to be responsible for all that extra money they want you to pay when they are the screwed up ones dragging Their butts and claiming to lose paperwork among all their other lame excuses.
@LMS hope you got the discussion on no payoff necessarily if transferred which is what banks are trying to claim that a transfer is the same as a payoff from my experience.
On letting sleeping dogs lie hope you get to that point but make sure they indemnify you I think is the term against any other possible creditors. Another basic issue that is ignored is in the title insurance we paid for usually they are protected against title defects and MARKETABILITY of title.
I’m no facebook pro so just dove into customizing the page. Actually alot of confusion over putting up simple text.
Thanks for the input BOBBI.
I changed Welcome tab name to Pledge
And here’s direct link to tab: http://bit.ly/1xJaWB7
Is there a way to make it the default tab?
There are only 3 signatures and I don’t see where to sign??? Am I missing something here?
Maybe. You sign on petition link. The 3 signatures I think you’re referring to likes on facebook PLEDGE page.
The pledge is meant for officials to sign or like but need to comment if they only “like” so they can get credit. Haven’t worked out the kinks.
The goal would be to get as many likes by homeowners and other supporters.
You would be good since your a CA/FL combo.
You can download pledge or send link to official to encourage them.
I’ll keep working it as some big issues came out today regardless of who’s elected and we can’t stay in sidelines and with head in the sand.
So like and make a comment on facebook page and sign on petitions. As I said above need 150 signatures on White House petition to go public and 100,000 to get administration to look at. Shouldn’t be anything controversial so no excuse. It’s a 5 minute job people!
Just Signed, Should Be 6 Now!
Going through a Similar Case here in Maryland.
Pro Se, and Have Hearing Date on the 26th. Getting Nervous, but not sure if I should get an attorney to make sure I don’t lose on “rules”.
You know they win by knowing procedure, not substance most of the time!
Backed em off 2x before. Not sure this time….
Mers Recorded “Corporate Assignment” 6 Years (Or so, ) After the Pool Closed!
Anyone have any ideas?
Last time they (Wells, Agent for Hsbc, Agent for Merrill) Went Behind the Back of their attorney (they had on the case for almost 2 years), and on a Friday afternoon, Hired another law firm (Without their attorneys knowing), Had the Additional Firm File an Appearance on the Monday, all to get the Judge to Recuse Himself!
(The Judges Son just so happened to have started work there!)
They are dirty F’s!
Dont put anything past them!
Ideas?
Alright! Hasn’t gone viral yet! Remember need 150 on white house petition then 100,000 one at a time then will use other techniques as best I can.
100,000 is 2% of the 5 million homeowners affected at one point.
@golf check out Garfield’s post today on changing servicers, trustees etc. I would say remember the basics chain of title, reliable evidence of payments, authority etc
Good advice to Suzanne, Bobbi. I was wondering the same. I understand servicing rights r not recorded when transferred. But note ownership should be and understandably so. Chase has tried to say that Fannie mae is the holder of my note yet Chase was the lender and I always made my payments to chase which I maintain chase is also the holder because there was never an assignment recorded to show otherwise yet chase is trying to say Fannie mae is the holder. I say prove it!
@LMS That’s interesting I keep saying we need to compare notes. Join foreclosurehamlet.org and we can compare. Latest round with Chase they say the originator has paid note although they claim they paid loan at closing of refi as servicer as Chase Home FInance before the supposed merger.
A key thing for Suz and it seems this is a big gap in people’s thinking is when there is a refi and a payoff of a note they are REQUIRED to return the note MARKED PAID. Some state vary as to if it needs to be stamped. So in my case in ’04 my WaMu SERVICED loan originated by finance company THE PHYSICAL NOTE was ,b>RETURNED TO ME, ORIGINAL WET INK and stamped PAID by WaMu the purported SERVICER.
10 YEARS LATER they are still referring to the “loan” as a WaMu loan. IMPOSSIBLE.
So there may be broken chain or bad transfers all along but they can be “fixed” usually by state unless it can be shown there was no payment although there was claim of value paid.
So SUZ needs to verify if she got HER RECEIPT, the PAID Note from the refi I would say first then move up the chain and find where the PRETENDER lender pops up.
Get professional advice and/or do research.
Thanks hammertime – when you say my receipt, are you referring to the note of settlement from one bank to the other when I refinanced? Say from World Savings to Flagstar?
Also Suz. If u were never formally served, the entire case should be dismissed. What state r u in? When a person is served, the server has to document a description of the person served. R u in the house now. If your neighbor volunteered enough info. To whoever was asking, maybe they thought you had abandoned and so the bank did not attempt to serve anyone thinking there would be no one to contest the foreclosure. Don’t trust anything any of the court docs sent to you. QUESTION EVERYTHING!
Make your motion to vacate and don’t let the bank attnys know what u have. You may have something that their attorneys or not aware of. Throw the banks attnys under the bus. They r making you out to be a deadbeat non payer. Remember this is what foreclosure is all about. These attorneys do not care how they get you to that point. They are paid to carry on with the lies and deceit the banks started. Make your motion and get your court date and get your paperwork in order and let yourself be heard. Don’t let the lousy bank’s attorneys win. You have to prove the bank is wrong and you are right!
Suz sounds like they r trying to do some backtracking to justify the foreclosure. I hope you have all correspondence from all these banksters whatever their role is/was service r or note holder. Put the timeline together with the correspondence and go to the judge and get it vacated if you want to stay in the house. Force their attorneys to explain the various servicers/owners. Especially that no assignment was filed until the foreclosure started. That would be a huge red flag to me. They r backtracking to steal your house. Put your paperwork and timeline together and take it to the judge immediately. I’m sure the attorneys will not want to deal with all those claims of servicer/owner. The attnys are always betting that u will walk away or give up. Don’t. Stand strong!
Thank you Lms53. I have all the docs the County Foreclosure Office emailed me that were in my file. Is there something I may be missing? I was never formally served – an estranged neighbor vouched that I had moved out a month prior to they’re trying to serve me – while I was just away and I never received the complaint, app for entry to default, etc. This lis pendens was only available to me through searching my county record I only received the final judgment through reg mail as a copy forwarded to Seterus (for their information). I wish I knew how to word all this in a motion. Do you happen to know if should send exhibits (assignments, etc.) with the motion, or bring them to court? Thanks so much for your help. An attorney out here states that the bank can file assignment whenever they want- It need not be as soon as they do it….but 6 years?
ASSIGNMENTS OF SERVICING RIGHTS DO NOT HAVE TO BE FILED IN PUBLIC RECORD! A lender can sell servicing rights and retain ownership of the note and mortgage. ABN AMRO was sold to Citicorp in 2007. They are mostly a mortgage servicing company. Suz needs to do a QWR (Qualified Writtten Request) to find out just where the note is at this point. If CITI filed the original lis pendens then it has to file the original note as well with the courts (at least in Florida). I would request a copy of the process server’s file since she was never served and taking a neighbor’s word is not sufficient evidence of abandonment (that’s hearsay and not admissable) . They should have at least checked to see if the utilities were still on at the home, evidence of upkeep on the property, etc. before they made the determination of abandonment. On another note, I would verify that the original note to Flagstar was properly assigned and endorsed to ABN AMRO especially since there was an acquisition involved. Assignments of mortgages DO have to be filed in public record. If Fannie Mae owns the note and mortgage as they say then there should be some sort of assignment, but remember, Fannie Mae is simply an investor (not a banking institution) and they will grant the authority to the acting servicer as the Plaintiff in a foreclosure action. Did Citi actually file the lis pendens under their name or were they filing as ‘Trustee’ under a securitized trust?
Hi Bobbi – Thank you for this – All the assignments in my record are “Assignment of Mortgage”. Lis Pendens was created by CITI’s attorney – Citi is claiming to be plaintiff in the lis pendens which reads -“plaintiff is hereby given of the commencement and pendency of a suit in the Superior Court of NJ covering the premises, made by (Suz) to MERS as nominee for Flagstar Bank of which plaintiff is now the holder and servicer to recover possession.” That was dated Oct 15, 2013. SO, the only mention in the Lis Pendens is the original 2004 mortgage with Flagstar (which assigned to CITI in 2012.)
It may have been true that they held the note at the time But I don’t see how they could still hold the note if they assigned to FNMA (and Seterus as servicer) and still be granted this FJ.? So shouldn’t Seterus be initiating a new foreclosure proceeding? does this knock CITI out of the picture? Wondering if I should be bringing up the fact that two parties are requesting payment for the same loan/debt? CITI through FJ and Seterus through modification?
Not sure about whether the note was filed as well in NJ. Where might that info/doc be? This is a judicial state. Again, there is no assignment filed from Flagstar to AMRO. It seems as of the last assignment recorded, CITI assigned all to Fannie Mae this past June in care of Seterus in the middle of this foreclosure. I guess I’m having a hard time figuring out what to ask teh court for in this motion. BOBBI – do you know where I may get hold of the process server’s file? Is that a file held by the court? All I have is CITI’s attorney’s certification they provided the court.
I agree on the abandonment issue – I have been paying the utilities and condo maint fees all the while. I’ve been sitting with this motion form knowing what I’d like to say, but worried it may be the wrong thing or even the wrong form.
@ Suz – We are judicial as well here in Florida so should be similar in nature. During the course of the foreclosure process during ‘discovery’ you could have filed a Motion to Produce and list the items you are requiring to the Plaintiff. With the judgement already in place you would have to file a Motion to Vacate and Dismiss. In that motion you would spell out clearly the reasons in accordance with law, why the judgment should be dismissed. Clearly, you were never properly served and the property was not abandoned and you can prove that with current paid HOA dues and utilities (which I would add to the motion as exhibits and clearly marked (Exhibit A,B,C. etc). As far as I can see CITI did have the right to foreclose if the Assignment of Mortgage was done in 2012 and this lis pendens is dated 2013. What CITI is stating in the lis pendens is that they acquired the note and mortgage from MERS as nominee for Flagstar Bank. If that is what is also the verbiage on the recorded Assignment of Mortgage in 2012 then they have full rights to foreclose. However, when you said Fannie owned your note and mortgage, did they tell you WHEN those rights were transferred to them? If that statement is true, then you actually have 2 mortgagees that can claim the same debt. The original note should be filed with the courts directly to the Judge. My biggest concern in your case is that you rec’d a copy of the final judgement via forwarded mail but never rec’d any other communication prior to that point? There would have been notices of trial date, notices of hearing dates, etc. that are required to be mailed either from the courts or from the plaintiff’s attorney. If the judge asks these questions of you, should you be able to get a court hearing on your motion to vacate, then you must be prepared to answer his/her questions. And when you stated ‘forwarded’ mail is that where you changed your forwarding address or was it mail that was mailed to you from another person?
In you Motion to Vacate and Dismiss, you also need to recite the fact that judgement should not have been granted since there are two entities claiming ownership of the note and mortgage, that being CITI and Seterus. You also need to recite that Seterus on behalf of Fannie Mae, is also offering you a modification of the same debt for which a final judgement has been granted by the courts to CITI.
When you are typing up the Motion just list in numerical order the reasons for your request. Add your exhibits to the end but be sure to match them up to your pleading. So if you have anything in writing from Seterus on the modification add it. As far as Fannie, you can check the Fannie Mae site for ownership and print that directly for an exhibit but you really need them to tell you WHEN ownership was transferred.
It’s not that hard to do the motion but you need to be clear and concise and state ALL your reasons, match up your exhibits clearly marked and file.
@BOBBI – Thank YOU! I needed to hear this. It appears I couldn’t reply directly to your last comment on the motion to vacate and dismiss. SO hope you can see this. You are correct. CITI did have right as far as their 6 year late assignment go as to file FC complaint – and currently, the owner of the NOTE being Fannie Mae is listed on their site. As far as “when” Fannie Mae received possession, I would assume is listed in the latest assignment in the county file: having had CITI transfer all rights to them c/o Seterus on June 12th 2014 – over a month before CITI filed the notice of application for FJ on July 11th. As I mention, CITI claims to have NO information throughout any of their departments other than the account was closed on June1. I would really love to put the kibosh on this FJ, but I need to know whether CITI’s attorneys will just amend the FJ to Seterus after a sale? Is that legal? Can they do that? BOBBI – do I have to cite each law pertaining to my claims; request for discovery in the motion? TY so much!
@BOBBI – I forgot to mention that the FJ did come as a copy to me – listing Seterus as the recipient of which I was copied AND it was also forwarded to my current temp address outside of NJ. So the answer is both. None of the other documents seem to have made it to me when I had mail forwarded – but I always managed to receive the utilities bills and other mail including a letter from CITI that told me my new servicer was Seterus as of June 1 and I should make all payments to them.
Also, if the actual original note was filed with the judge, why wasn’t it included in their certifications in the Complaint? Where would I get a hold of that document?
Hi BOBBI – Lots to say to you today. Don’t mean to be so overwhelming. I did find the NOTE in my paper file dated Dec 23, 2004 listing Flagstar as the Lender – nowhere does it mention the “OWNER” of the note, except that there is a form tagline on the bottom of the first page stating “MULTISTATE FIXED RATE NOTE -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT.” Does that mean they are the OWNER? This NOTE is also not signed by anyone, including me – although it indicates in brackets to [Sign Original Only] Shouldn’t have I received the originals or at least copies of the signed and countersigned docs?
I am preparing the timeline as well as a timeline in my county records. Am I to understand correctly that once a mortgage is discharged through a re-finance, there not need be an ‘assignment’ of the mortgage or note by the bank discharging the debt to the new mortgagee? – Only when they, themselves transfer the mortgage? There are many gaps I’ve found that I believe this answer will satisfy. I have also found the pro-se motion to vacate the FJ form online @ http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Certification_in_Support_of_Defendants_Motion_to_Vacate_Judgment.pdf , but it seems like multiple choice without being able to cite explanations. Is this what you feel I should be using at this junction? – also mentioned, was to file as ‘pauper’ so that fees would be stricken or reduced. I know there is a lot here and I so appreciate your patience. Wish we could email.
Don’t all go to the link at once! Don’t be a bunch of wusses!
facebook.com/MainStPledge
Went to the site but found it confusing…the “Pledge” needs to be front and center and not located on the MORE tab. Put what we want and what is right on the opening page or at least create/edit the tab to show ‘the pledge’. Just my 2 cents.
Here’s our chance to act as a UNIT! The goal is to have candidates and officials sign a common sense pledge to address foreclosure/mortgage fraud. A Congressman in FL is supportive from a reliable source. 😉 Like the page and add any comments. Email any candidates and encourage them to like the page and/or download the pledge and sign it.
Pledge is under the More tab and under Apps in Welcome.
It may be too late for this election but it could be a start and regardless of who’s elected we can make our voices heard. You can also sign a petition to Obama,Boehner, Pelosi and Reid. Think I forgot about McConnel.
https://www.facebook.com/MainStPledge
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
You are the first goers!
Oh yeah and like the page and comment so we can show traction.
Here’s a good site to get campaign info:
CA example
http://www.uselections.com/ca/ca.htm
http://www.jerrybrown.org/contact Governor
http://www.neelkashkari.com/contact-neel/ Governor
http://www.padilla4sofs.com/contact_alex Secretary of State
http://www.petesos.com/contact Secretary of State
http://bettyyee.com/contact-info/ Controller
http://www.fresno.gov/Government/MayorsOffice/default.htm Controller
http://kamalaharris.org/contact-us/ Attorney General
http://www.rongold.org/contact/ Attorney General
Send to each as well as senators etc and local.
Governors, Attorney Generals, County key
FL contacts
http://www.rickscottforflorida.com/ Governor FL
http://www.charliecrist.com/ Governor FL
http://www.pambondi.com/contact_us Attorney General FL
http://www.georgesheldon2014.com/contact Attorney General FL
Sounds like the court/judge had wrong info when they issued judgement or maybe that’s what the banks attorneys wAnted the judge to think. I would look at the court file to see what’s in there. Attorneys have easy access to files and can manipulate them to their benefit. My file started out as a paper file but now everything is submitted electronically so there is less manipulation but don’t be fooled by that either. I bet your judge does not know this and to him or her it’s just another closed case. I would definitely contest it. Sounds very fishy.
Don’t get the service r mixed up with the lender. If citi foreclosed and received summary judgement and they can prove that they are the holder of the note at the time foreclosure proceedings started, then once they get a judgement they can do what they want. You only have a certain time period to redeem the property or get judgement vacated. The servicer only collects your payments supposedly. They have no right to foreclose unless they are the holder. This is my understanding. Fannie Mae is the holder or investor but I don’t see how Fannie mae and citi could both be the holder of note. Citi would had to have sold the note to Fannie which obviously means they would own the note at different time periods. I have always believed that Fannie mae is nothing more than a facade for all these big banks to hide behind for all their dirty dealings and numerous screw ups they made
Thank you, Lms52. It appears through an assignment recorded in my public file that Citi assigned the mortgage note to Federal National Mortgage Association c/o Seterus (as servicer) on June 1, 2014. However, Citi sought final judgment on June 16th and was granted on Sept. 23. So Citi claimed to be the holder in the original complaint (Oct 15, 2013) and request to enter default (Feb. 26, 2014) including certifications on February 25, 2014. The question becomes: How can a previous holder of a note receive a final judgment after it was assigned and still be beneficiary of the debt.?
; How could a bank receive final judgment if it no longer holds the note?
@ Suz – the date of possession is based on the date the foreclosure was filed; not the date that the court awarded the final judgement on June 16th. It goes by the date that they first filed for foreclosure. It that date was prior to June 1st 2014 (which according to your post was Oct. 2013) then the award of the final judgement is correct as far as the courts are concerned. How do you figure that Citi is a previous holder when the transfer was done June 1, 2014 well after the final judgement?
Actually a pretty loaded question. You may want to verify what type of servicer they claim to be. If FannieMae/Selerus only had servicing rights then my understanding is they could be holder of the note w Citi still claiming to be beneficiary. In CA I believe the trustee must be holder of the note when it pursues foreclosure action. Basically a note can be assigned for the purpose of foreclosure from my understanding. The problem is if CIti was assigned the note or did they actually fund loan? That’s where you need to do chain of title and payments, follow the money and check your dates, signatures etc! And read your documents and figure out where your debt lies.
@BOBBI, Lms52 and hammertime~ Thank you so much for your responses. This is where it becomes confusing to me. between Lender/Servicer – I made the mortgage through a voluntary refinance back in 2004 with Flagstar Bank. Within a few months I was then directed to send payments to AM AMRO (no assignment in the record from Flagstar to AMRO) Then in 2005, I was notified to make payments to Citi. So I had been paying Citi from 2005 thru 2011 – During that time there was never an assignment from Flagstar to either UNTIL one was filed on record to Citi in 2012 (~10 months after I stopped paying). How do i know who had title/note vs. servicing through all these transfers without assignment? All assignments on record are “Assignments of Mortgage” and don’t mention the note/deed of trust.
The Chrono – Attorneys for Citi filed a lis pendens on the property on Oct 25, 2013 along with the actual complaint. The request to enter default was filed Feb of 2014. Here’s the kicker – On June 1st – CITI, the ‘assignor’ SOLD, assigned all rights, liens, etc. to Contact Federal National Mortgage Assoc c/o Seterus. Attorney’s for Citi first sought App for Final Judgment on JULY 11th and was granted the Final Judgment as “Plaintiff” on Sept. 23, 2014 – 3 months after this recorded assignment.
BOBBI – I’m not claiming CITI didn’t have possession at the time the complaint was filed – I have no clue who did, even though they claimed to ‘hold’ it at that time. I call them the previous servicer because they assigned the mortgage to FNMA back in June. So, how can they be awarded the debt in final judgment and initiate a writ of execution when they are no longer involved? CITI claims my file was closed on June 1st and has no further record. (they asked me to forward the copy of the final judgment since they had no info)? So my question sort of remains – Can a court grant a judgment to a plaintiff who already sold/transferred his rights away before the judgment? Then how in the world can Seterus now want money from me in a modification?
As it is, I’m filing a motion to vacate the judgment and was curious as to how to word this part about who owns the note, has right to foreclose and who is paid after the mortgage has been sold. You guys have been great, thank you!
My starting point would be your refi. If there was a payoff they should have delivered the paid note by right. If they can’t prove they paid it then you can challenge the verification of debt. As Garfield says if all the other assignees claim they are holders of note but not holders in due course then there’s probably something wrong. So you probably have broken chain of title. If the assignments claim a different beneficiary or you were told there was an investor involved then you have to make them prove there was a valid transaction. If you requested copies of note there should be an endorsement to FNMA if actually “sold” from what I can see. AMRO is another possibel break. If you have a lawyer hopefully he/she asked these basic questions. If in CA you can raise these issues after sale and if pattern of harm done can be $50,000 in damages. If it’s within a year some lawyers in some states claim you can sue as well. If you paid so much and it seems almost nothing was done along these lines would think there’s some legal malpractice or other damages you could probably claim and try to to get your money back. I would guess that the original Flagstar loan claimed to pay off some loan as in my case but if previous loan and chain of title was corrupted by MERS etc your title could be even more messed up. Similar to my case but anything’s possible and you have to understand the specifics of your case. You may want to sign up on foreclosurehamlet.org to better review or see other similar cases.
Does anyone know what the Florida Court Rule is on having hearings before a Trial?
@Idynps..hello,to fill in blanks,I was pushed into foreclosure without missing Any principal/interest pymts,lender manipulated default from force placed insurance NEVER needed,summons says I defaulted but my bank account/statements tell a way different story:-) I had a lawyer for 2years that stopped working on our case 6months after retaining him!but continued to bill me,after 3firm changes & busted him flat out losing,we FIRED him:-) & we have continued pro se,to date I have confirmation from chase we indeed had paid,as I’ve claimed since day one,BUT CHASE is continuing foreclosure actions on a default that is/was/always has been paid,,so I filed Motion to dismiss 🙂 Lack of standing with prejudice,on the following grounds..Committing fraud upon the courts by stating they are holder of note,They do not hold tangible note,..Refusing to cooperate with All attempts to stop illegal foreclosure..filing forged/faked documents in court &public record..False reports of default to credit bureaus,When it is the Servicer who altered records to MANUFACTURER the default..Unfair & Unexceptable loan servicing practices and actions..Scrutinizing foreclosure ATTEMPTS under Debt collection laws….
Almost carbon copy of my case…looks like they are going to tighten screws and set sale date. Do you have a case #, state, court where I can look up your case?
@Hammertime:-) 🙂 sorry for delay on response,,but I filed Amended Motion to Dismmiss:-) 🙂 & case no.11-CI-00033.. could you glance over & give ur feedback:-) my court date is fast approaching &I’m not intimidated at all,,should of done this pro se from the start but if you could check it out:-) 🙂 🙂 still praying for peace,resolution to all fighting this un-real evil..CHASE!!!!!!!
Angel
Who is the law firm representing chase? Just curious but I would not answer just go to court date!
Did The Curt Dismiss your Case with prejudice? If so, the bank lost and you can just move back home!!
Not yet,court date is Nov,14 th
& I’m at home:-) 🙂 I have not had to move,no sale date EVER, & I think its because I got em by there nugguts,,lol been fighting this since Aug,2010
Lerner Sampson & Rothfuss ,,,,their crooks,,& thank u for answering me:-)
Angel,
You are allowed to submit one additional brief if you have something more to say to strengthen your reasons for dismissing the complaint. Other than that at this point the judge will have to make a ruling on the motion for Summary Judgement submitted by Chase – if one was submitted by them, or you just appear for the bench trial on the 14th.
It sounds like you are in Ohio 😉
I’m in Kentucky,so how to word it? Because I DO have confirmation now( after 4yrs) from chase with the assistance of CFPB,I would like to have the judge see this,on top of no deed/note,never filed/recorded in my county,& 100% proof of forged signatures
that is exactly what you should do
Ocwen..top of the lists of thieves….forget the lock….replace the whole door
Yuba award cut. So much for trial by jury. Then again makes sense to some degree but people fighting for years, being thrown out for no reason with obvious “… evidence that the errors made were intentional or made in reckless disregard of causing emotional distress.” seems result could be similar as in Kalicki.
Read more here: http://www.sacbee.com/news/local/article3426611.html#storylink=cpy
Hammertime, I don’t know if this decision came out of your home state or not, but I would bet that this judge’s campaign funds come from PHH…betcha! The people in that state or county need to get rid of that judge for sure!
In CA which was a minor miracle but I agree there’s a good target for the pledge!
I’m reviewing possible approaches for us to work together and be independent from any agency, law firm, politician etc and get direct and affordable help.
I still feel the file/sharing site will be a component but got bogged down on my case and didn’t have the full structure set up.
I came across a web site focused on quiet title with very good information especially on MERS by Lance Cassino. We got in touch and we had a very good conversation and found we have a lot of parallels as with David Black.
Turns out he is moving forward on a membership site that I am supporting to hopefully get off the ground and that we can be a part of. It can also be a model for other components of the direct homeowner approach I envision.
Here’s a link to his chain of title assessment checklist: http://cotaparalegals.weebly.com/cota-checklist.html
Here’s his fund raising site and association membership. For now he is starting with CO his home state. We can help develop and start own chapters.
http://www.HomeownersPMA.org
http://www.gofundme.com/g8q3b8
You can also contact me here http://bit.ly/Si8EL5 if interested in file/information sharing or want to review how we can work with Lance or independently or some combination.
Thanks.
My home in Florida was recently foreclosed and sold. (Purchased back by the bank). My loan is a classic 2005 Fremont mortgage. 100% predatory and sold to countrywide only weeks after closing.
Turns out, the mortgage has the wrong legal description. Not the same as the title / deed at the courthouse. This was only caught when they tried to get title. My attorney argued and got the judgment thrown out, and sale vacated.
Problem now is how do we proceed? I suggested we move for a dismissal. They suggest we wait it out and see what their next move would be considering they have to find someone from Fremont to testify to their intentions when the mortgage was created. Which they think will be almost impossible.
However, after what I have seen them do with the fake assignment of mortgages, I don’t put anything pass the banks. My attorneys are great criminal trial lawyers, but I think we need some help or suggestions on how to win this foreclosure case.
Instead of simply reacting to their moves what can we do? Now Nation star has hired Ackerman law firm and we have a notice to appear. Should we move for a dismissal or should we wait it out? What other options should we consider. Should we move back into our home since the sale was vacated?
Although they have defended many cases, our attorneys know foreclosures are not their main practice, so they are very open to any legal suggestions.
Move back into your house!!!! Do not wait for the lying lasers to make their move? File for dismissal with prejudice and move on with your life!!!!
Hi,I’ve done just that,but received Oct,17 from chases lawyer a motion to strike my motion to dismiss,,,I’m acting pro she’ & my question is,do I reply to this? Or do I wait for my court date 11-14-2014?
Agree with ldynps! Move back in – title will be vacated and reversed from the sale. YOU OWN YOUR PROPERTY. Now act on your constitutional rights.
I agree move back in as possession is what 90% of the law as they say!
In CA they would have to start process over again with Notice of Default I believe. Would be interesting to see what your lawyers would say for quiet title action.
In the state of Florida (and I’m not sure if that follows with every state) but the mortgage is filed according to the LEGAL description, not an address. That is simply because addresses can change through city or municipality or even the postal service, but a legal description CANNOTbe changed without authority of the owner of record. If they filed the mortgage with the incorrect legal description then they have foreclosed on the WRONG property. What they have is legally an ‘unsecured’ note…period. Oh, yes, they could sue you in court for a judgement, but you could easily wipe that out with bankruptcy if you filed before they initiated any action. File for dismissal and retake your property.
Thanks guys. You are correct, the legal description is wrong on the mortgage. It says 50f…..instead of 50 of. They tried to argue scribblers error, but since it was on the mortgage and not just in the judgement paperwork the judge didn’t buy it and vacated the judgment and sale. The Original firm hired by the bank is no longer representing them. We got a new servicer (Nationstar) during trial, and now a new law firm just took over to represent this servicer.
My lawyer says they have the legal right to TRY to “reform” the mortgage with the correct description? Is this true? But he thinks it will be difficult because they will need an official from Fremont (they were shut down in 07 by the SEC) to testify as to their intent when they created the mortgage. Who knows what they will come up with?
If they had done a proper VOD wouldn’t that have caught this? My VOD was a robo-signer for B of A. Also, how can they have lien on my home and the one described in the legal description. I think they knew the description was bad. This is why they refused our request for modification for over 4 years. Fremont was cited for selling bad loans.
Wife is reluctant to move back in, because of all the stress of having to move out before. She’s afraid, we may lose and have to move out again? Not to mention we have young kids. Personally, I’m all for moving back in, but don’t want to put her and kids through that again, it was pretty rough having to pack up and leave.
The judges and banks are all working together, so even when the facts are on your side, they will still screw you. I think I will just take possession, close all the blinds and lock the place up. Or let my friends move in until i know for sure. Oh, they have also changed the locks.
Thanks Bobbi, I just spent all weekend researching the Florida reformation statute.
It appears that the reformation rules require that any reformation complaint must be filed within 5 years of the document’s creation. Simply put, “The statute of limitations” for reformation in my case passed over 5 years ago. So legally, they can’t reform the mortgage to change the legal description.
Take a look and see what you think?
F.S. §95.11(2)(b) http://www.flsenate.gov/laws/statutes/2011/95.11
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/272B7002AD1D9E2585256F1F00597B83 (fourth from the last paragraph)
If I’m correct, shouldn’t this have been known by someone besides me? Just asking ? Seems strange? Such an important factor, If anyone know a good Florida Foreclosure attorney that can look at this for me, please pass their contact info.
Thanks guys
@ Tony – Evan Rosen is the best one that I know of for a good defense attorney. He’s in the southern part of Florida. Don’t know exactly where your property is located but he advertises on this site as well. If not in your area you may just get a referral from him if he’s out of the area for you.
Tony, get your ass (and your family) back in that house! You are ultimately responsible for it until SOMEBODY takes ownership. YOU ARE THE OWNER. get back there and protect your home.
You are correct. But the mortgage/ management company they hired to oversee the property (the one that gave us the demand letter to vacate or be evicted ) changed the locks. I check the county records and property has been put back in my name, but I can’t take possession. I guess I could pay a locksmith to change the locks back. They also damaged the exterior lights on the home. SMH
Tony – Ever hear of a bolt cutter????? You can even use a Dremmel to cut off a door lock. Get the H*** back in your property and take back what is legally yours in the first place! You said your wife is afraid and will have to move again? Our men and women die almost daily fighting to keep the freedoms that we have alive and well. They do this with great bravery and determination. Don’t you think those that they are fighting for should do the same when we are presented with an enemy hell bent on destroying us? Where’s the same bravery here?
@ Angel – what was the reason that the lender’s attorney used for dismissing your motion to dismiss? You can can file an answer to his specific reasons, if any were given but you will need to recite rules of procedure or law to back up whatever claims you make.
ATTENTION VOTERS………….As I sit in California marking my ballot here because my home in Seminole, Florida was stolen by an unknown bank and allowed by an unjust JUDGE in Pinellas Circuit Court, I realized if I was voting in Florida, I could vote against her. I am posting this message to ALL who are on this site and remind you to VOTE each and every Judge out of office that have been on the bench for the past 6 years! Get rid of each and everyone one of them for allowing forged and fraudulent documents to be used in order to give away our homes!! TAKE A STAND and get these illegal Judges out of office……………………
The problem in Florida is they have put the “retired” Judges in place which were appointed — never voted in and can’t be voted out.
Seems illegal since Judges are supposed to be voted in.
In Florida the banks are out at full force and the “retired” Judges give them multiple bites at the apple.
this site helped me win my FC now I am trying to hang the plaintiffs lawyers, firm of Shapiro Fishman and Gache in Tampa, the witness for the bank was Moises Margulis, when I researched him I only found a attorney in south FL, I think that was him, older man, glasses, heavily accented English, salt pepper hair, overweight. I am looking for any information to use against them. I am asking for anything, anyone knows, I found his name on the robo signers list while researching for someone else. If I find more fraud where should I take it? Fla Bar? AG?
I have been sitting in other trials to learn if we want to keep our judges, Our here in Volusia county have been fair and honest.
thanks to all
Keep up the good fight
Karen? Your comment is rather interesting as you say you have been sitting in Florida Courtrooms to “learn if we want to keep our judges”??? For the hundreds of thousands of fraudulent foreclosures going on in Florida, most judges DO NOT ALLOW “people” to sit in their Courtrooms to watch their illegal rulings as well as not providing Court Reporters for the same reasons….You further post that in Volusia County, there is some type of unknown “fair and honest” judges? This is news to most people fighting to save their homes on this site so, I find your post very untrue. Further, you are asking what to do with a robo signer and who should you direct your complaint to? Karen, the facts are that No Agency Is Doing ANYTHING about the robo signing nor the fraud and if you really were sitting in Courtrooms, you would know that??? I question your intent??
KAREN?…….FYI…….
http://www.occupy.com/article/how-wells-fargo-fraudulently-foreclosed-florida-homeowner?utm_source=Website+%27Join+Us%27&utm_campaign=84ac0e8aef-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_77fe4a462d-84ac0e8aef-73716269
Haven’t been around here in awhile but I thought some of you might find this interesting. I thought I remembered a couple people that were dealing with Ocwen Financial, looks like they are in some serious hot water. http://stafnetrumbull.com/mortgage-company-ocwen-financial-crashing-new-york-regulator-says-uncovered-serious-issues-company/
Hi ALL – I just spoke with my new loan servicer (Seterus) and they have absolutely no record, nor knowledge of this FINAL JUDGMENT. They highly recommended I call CitiMortgage to find out why I received the letter while they are willing to work out something with me. I called CitiMortgage and they have no record of the FINAL JUDGMENT, asked me if I had another account with them, (I don’t) and claimed the account was CLOSED as of June 1st 2014-transfered to another lender. The agent assisting me said she exhausted all departments in search of info and found none and asked that I provide them a copy of the final judgment letter from their own attorneys to their research department! This order was finalized on Sept 23, 2014 As it stands by order of the judge, Citimortgage is to recoup the total monies and interest from a sheriff sale, yet Seterus wants to work out a payment modification with me! This is insanity! What to do next? Do I write the judge? Might anyone know anyone who specializes in this type of litigation or resources whereby they are aware of such practices? I cannot find anything specific as to a next step in this case. The nightmares all are suffering and those who have suffered is despicable.
why don’t you get yer butt down to the courthouse and get a copy of the judgment?
Thank you, usedkarguy – I have been sent a “copy: of the judgment and am currently out of state across the country. I’m seeking to file a motion/injunction – just trying to figure out which motion I need to file at this stage.
I’m still trying to find an answer on whether the lender (Citi) can actually seek Final Judgment and be granted it AFTER it was assigned to another servicer (Seterus) Seterus (on behalf of Fannie Mae – who claims to own the note) is offering a modification, while Citi was already granted final judgment since they claimed they are the ‘holder’ of the note when the complaint was filed. (?) – I thought the note must follow the loan through a mortgage assignment. After to speaking with a NJ paralegal, she told me this happens all the time. it’s like I take someone to court and receive a judgment for an injury I sustained and amend the judgment to name a different beneficiary who was in the same accident – this is not making sense to me. What’s coming next? – Is it really that simple and legal for Citi’s attorney to now amend the final judgment to another beneficiary once a sheriff’s sale is complete? If anyone has info/not resources on this particular subject, I’d so appreciate it. I’m wanting to file a motion to vacate the judgment and would need to know if this is worth mentioning. Thank you ALL!
Suz – as LMS52 stated, don’t confuse the servicer with the lender. Servicing of a mortgage can be sold and does not require a sale of the note or mortgage. The lender simply sells the ‘servicing rights’. In your case if Fannie is stating that they own the note then the loan (meaning both the note and mortgage) were bundled and sold in a trust. They are merely an ‘investor’. Citi used MERS to assign all of their loans when they were bundled and sold on the secondary market which means that your note and mortgage must be listed somewhere with the SEC (security exchange commission). I have always contended that a an originating lender cannot foreclose on a securitized mortgage since there are multiple owners (investors). At the time of the sale the originating lender (in your case Citi) would have had to assign it to the Trust thereby giving up all rights of ownership. The Trust has a Trustee for the investors and that would be the legal owner. And I still contend that even a Trustee under the Trust that holds the note and mortgage cannot foreclose because of the fact that the securitization of a note and mortgae alters the validity according to UCC. Most judges, however, will just ignore most governing laws of the UCC (Uniform Commercial Code). If you want to be able to vacate the judgement you would probably need to prove the ‘true’ ownership of the note and mortgage being held by Fannie and file as to “no standing to foreclose.” Good Luck!
Not sure if I’m on a particular thread in this forum, but am grateful for all the research and discussion. I do have a question – perhaps one or some of you here have experienced this: Citimortgage filed a lis pendens back in October of last year 2013)- had since received umteen loan modification applications from 3 different lenders as I had no idea who owned the note. (Each claimed they did when I inquired) In any event, I did not go through the LM process after hearing the nightmares people were put through being forced into foreclosure; besides not having a steady income to commit. On June 16th of this year, CitiMortgage assigned the mtg to Seretus. (Seretus) claimed they sent me a welcome packet…etc, which I hadn’t received – I told them the home was on the market and that Citi had a lis pendens filed. They claimed they knew nothing about that and wanted to offer me a ‘guaranteed’ loan modification – This was only expressed in a phone conversation whereby the agent verbally expressed only the amounts and dates, but I recceived no application paperwork – they claimed the owner fo the note was Fanny Mae – the agent said he would get back to me regarding the ‘is pendens’ info as well as a pay-off statement as I had a potential buyer. In the meantime, I decided to call Citi’s attorney who filed the lis pendens and request they remove it as it was hurting my opportunity to sell. The attorney said the lis pendens “follows” and Seretus now became their client – (is that true?) I never did hear back from Seretus, not did I receive ANY paperwork, requested or otherwise from them. WHAT I DID JUST RECEIVE through ‘regularly forwarded mail’ was a COPY of the FINAL JUDGEMENT granted to CITI on Sept 23, 2014, directing the Sherrif to sell. QUESTION! Can a bank seek and be GRANTED final judgement for foreclosure AFTER having already assigned the mortgage to another bank???? I was never served via mail or in person and there is no publication through which I was provided an opportunity to answer in defense of foreclousre. I have searched this site and the internet on whether I still have a right to respond, but cannot find any concrete suggestions/ways or means. Seeking an attorney is of no real option for me as I’m now working a minimum wage job. Any help would be greatly appreciated. Thank you for ALL of you who take the time to care and respond to one another.
If in CA and not in bk you definitely should have a boatload of options. All sounds pretty flimsy bordering on unbelievable like a couple of other recent posts but then 2/3 of foreclsoures are from ’08 and before so anything’s possible. On right track to contest foreclosure seems like quiet title would bring them all out of the woodwork. If they’re involved with settlements use their language and make complaint to CFPB, but make complaint anyway and request they stop sale.
Suz – you did not state what state you are in as the foreclosure laws are different for every state mostly. If you are in Florida you do have options especially if you were never ‘served’ the lis pendens. There’s also a line of proper paperwork that has to be filed by a plaintiff here in Florida. Outside of Florida, unfortunately, I am not much help but there are several if not all of the united states represented in this site.
Thank you hammertime and Bobbi – the property is in NK (judicial state) I was never served anything – I found the lis pendens in my county record file.
Being that it has been a year and if there has been no appearance in a courtroom from any representative on your behalf, a court judge would maybe think the home was abandoned and they would grant a judgement in favor of the bank. I really don’t see how this could happen. I would go to your local court and file a motion to be heard and BE HEARD. Sounds like more typical underhanded banking which to the big banks are just the “normal” procedure these days. Does not sound right but I’m sorry to say if you were not paying or making an effort to pay, it just makes it easier for the bank to take the property. Good Luck!
Sorry ALL – that is New Jersey. Thank you LMS, but I am in Colorado right now on temp work and cannot fly home – All mail has been forwarding but all I received in the last 2 months was an escrow notice from Seterus and this Final Judgement. I wasn’t aware I could appeal a final judgement~ (?)
This could apply to the 2nd lien issues we’ve been hearing:
Lenders Appeal Court Decision Allowing HOAs to Extinguish Mortgages
Author: Brian Honea October 15, 2014 0
HOAs to Extinguish Mortgages
“Several mortgage lenders have asked the Nevada Supreme Court to reverse a decision it made in September that a homeowners association’s (HOA) super priority lien can extinguish a first deed of trust nonjudicially on a residential property.
Last month’s ruling, which was issued by only a 4-3 majority, has only caused more debate in Nevada between mortgage lenders and housing investors over whether or not HOAs should have the right to extinguish a lender’s mortgage on a foreclosed property without going through the courts.
The ruling allows HOAs to legally foreclose on a property that is delinquent on dues payments and auction off the title to the property without the involvement of the lender or courts. The sale of the title by the HOA extinguishes the first mortgage, an action that the lenders argue is not in the best interest of either homeowners and lenders. Lenders contend that HOAs should have to go through courts when initiating a foreclosure on a residential property and they should not have the power to extinguish mortgages nonjudicially.
Lenders view last month’s court decision in Nevada as an industry-wide concern that could spell disaster for the mortgage industry as a whole, especially if it sets a precedent for other states.”
http://dsnews.com/news/10-15-2014/lenders-appeal-nevada-court-decision-allowing-hoas-extinguish-mortgages?utm_source=DS+Weekly&utm_campaign=ab6854f801-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-ab6854f801-175422189
If we don’t let OUR reps know about OUR disaster we’ll keep being treated like 2nd class citizens! All it takes is 15 minutes to email, fax don’t even have to spend on a stamp! Even if you hate YOUR government!
hello all
copy of my post on facebook to gary sinise foundation and to Bernie sanders chairman of senate veterans affairs committee.
Posts To Page
David F Black
Today at 12:54pm.
hello Mr Gary Sinise Foundation as you know already homelessness among veterans and disabled veterans is a national problem. I am writing you as a 100 percent disabled veteran who is fighting to save my home from foreclosure. It seems under threat of foreclosure I am being asked to pay my mortgage payments two and three times from my disability pension for the same month and year. In my case I am not in foreclosure not in bankruptcy nor m odification and this is happening to many veterans allegedly like me. I am asking you to speak out about disabled veterans being denied modifications while their mortgaqe payments like mine disappear and then the servicer demands even more money. In my case, I am being demanded to pay on a mortgage that I didn’t even apply for. It was created without my permission or application. this is happening all over the country. in my situation the servicer has been fined $ 120 million dollars by us doj for targeting veterans for this kind of fraud and alleged extortion but yet they just keep on committing these crimes. We need your help. I and my family have served in the military since 1927 and when civilian federal service is added to that it comes to almost 200 years of service by one family to these united states I have filed over 50 complaints about this to the u.s. consumer financial protection burean and ellen warren senator on u.s. banking committee and patty murray my senator from Washington on senate veterans affairs committee and Bernie sanders chairman of that committee. to no avail. please help us by speaking out about this national problem. I do not have a VA mortgage loan although I am eligible for one.
Thank you, I will research the detail of the process we followed. Hating to sound so ignorant but it happened so quickly during a period I was extremely ill, recovering from a surgery that had gone bad.
We had a modification, we thought, in place with our first chase bank which at the time the 2nd was waiting to come through, he thought chase would never produce one. we had a plan with the 2nd if chase does not produce the modification after all the trial period payments and waiting, we would then sell the property together. Chase finally came through we showed the 2nd lien holder our signed notarized modification, he eventually produced a modification as well, we signed notarized the 2nd lien holders mod and sent it back. our 1st payment due 5/1/2010 he foreclosed on 5/8/2010. Additionally, we paid this man in February and March 2010 then showed him our mod with chase. He kept the home for 2 years before notifying chase although kept the hoa current.
Thank so much Lisa
Me again in San Diego California scheduled for my hearing in civil court for a trial that is scheduled in the month November we really need some assistance locating an attorney we have exhausted the private sector and phoned every help line available for legal services with no service available to us. This has been a horrible dusty trail for the past four years we have been so disappointed in judicial system. We have our tentative ruling, but no attorney, since running out of money, to date this has cost us to fight for our rights 51,000 in legal fees now no home and no retirement, is this for real?
Lisa
Tried to reach you but your email bounced. Here’s info for San Diego referral
https://www.sdcba.org/index.cfm?pg=MainLRIS
The Lawyer Referral and Information Service of the San Diego County Bar Association connects you with qualified, prescreened lawyers in San Diego who can provide up to 30 minutes of free consultation.
Call us at (619) 231-8585
Chat online with our experts
Submit an online referral form
I would try for continuance and then regroup for trial
Another one where the 2nd lien holder foreclosed without the first made aware. I would let the first and second battle it out because the second acted as in the first position when they are not and is fraudulent selling the property in your name after they foreclosed on u supposedly. Keep your paperwork of the timeline. Forget attorneys. Just take a court reporter to your hearings and take it to the higher court if necessary. But sounds like deceit and fraud on the second. Sock it to them good!
This may seem un related but reflects the in competence in WA to deal with problems affecting us as with banks controlling Congress and being denied funds meant for us and our communities.
Guess Who’s Holding Up Ebola Aid?
Zoë Carpenter on October 9, 2014 – 2:14 PM ET
“A Republican senator is urging his colleagues to hold up the $1 billion the White House has requested to combat the Ebola virus in part because the plan “focuses on Africa.”
“I ask you to oppose fully allowing the additional $1 billion in reprogramming requests until previously requested additional information is available for members of Congress to be fully briefed,” Louisiana Senator David Vitter wrote in a letter to members of the Senate Appropriations and Armed Services committees. The $1 billion that the administration has requested would be redirected from funds from the war operations budget to pay for the construction of medical facilities, supply distribution, medical training and for military and civilian personnel. Most of the money has been held up for nearly a month, as Republicans on key committees demand more details from the administration.
While Vitter criticized Obama for not fully presenting a plan, he apparently knows enough about it to be concerned that it “focuses on Africa, and largely ignores our own borders.” Vitter wants the United States to bar noncitizens traveling from countries affected by Ebola from entering the country.”
http://www.thenation.com/blog/181928/guess-whos-holding-ebola-aid?utm_source=Sailthru&utm_medium=email&utm_term=email_nation&utm_campaign=Email%20Nation%20%28NEW%29%20-%20Most%20Recent%20Content%20Feed%2020141009&newsletter=email_nation#
Hello,
We have depleted our retirement money retaining two attorney’s in San Diego California. Our first was disbarred neglecting several clients and most recently our attorney filed with court requesting early removal from out current case, just after our most recent tentative ruling from the judge:
a. Illegal foreclosure
b. breach of contract
c: fraud
d: our trial hearing is mid November 2014
e: readiness trial October 31, 2014
This was the second lien holder and a trust that foreclosed on us, evicting us from our home of 20years, rent scamming the property for two years before notifying the 1st and arranging a cash sale negotiating in our names. Leaving the property on our credit report allowing us to never move forward. If it wasn’t for us submitting US postal change of address on our old home several times we would never had known of the transaction of the sale of the property in our name! We need help we are fighters not just for us, but for all future home buyers. We hope to contribute some change in this crazy American scam that has hurt so many people….
Kind regards
Lisa Campbell
Sent from my iPad
I’ve been in touch with folks on here and an approach may be shaping up. If you’d like to get in contact you can email me at following signup form. I’m in Los Angeles area and have been fighting since ’08.
http://bit.ly/Si8EL5
Hello Hammertime,
Thanks so much for responding to me! Sadly, does not look good right now with our lawsuit. Our current attorney has done everything attempting to sabotage to what is left of our complaint i.e.; filing late papers, submitting docs with many typos, and date reference errors, lastly yelling at me in front of the courthouse telling me my integrity is off the table.
I have cried so much, my husband fed up now, wants to drop our lawsuit and file bankruptcy, I told him I am not willing to eat Crow just quite yet! To date we spent with this attorney 18,000 and most recently invoiced for 20,000. Our first attorney we gave 17,000 retainer.
The fact that our home sold as a short sale Jan. 2013 and not as a foreclosure that we had thought and claimed on our 2010 taxes, somehow generated an IRS audit causing my husband payroll checks garnished, taking us over two years to figure out what happened? Prior to that, we planned to chalk this up as lesson learned, move forward but as we continued to sink we needed legal advice. So here, we sit, no money left and the trial hearing in five weeks. Looking forward to hearing back
Take care,
Lisa
Lisa – if you had a short sale on the house you would have had to sign a purchase contract, either attend a closing or at least sign over the deed to the buyers. In a foreclosure you are sued in a court, the plaintiff obtains a summary judgment and you doing nothing but walking away, signing nothing and never signing a deed. Once the foreclosure sheriff’s sale is consummated a Certificate of Title is issued instead of a Deed.
Putting your property into a trust is a popular way to insulate it from grabby lawyers. I’ve noticed it most recently by PHH mortgage in their most recent 10Q putting large chunks of their securitized holdings (your house and mine) into trusts, just in case they decide to file for bankruptcy and keep the assets of indeterminate value out of the trustee’s hands. it also has the advantage of making the company harder to value in case blackrock or some other sleazier-investor-than-thee-or-me decides to try a hostile takeover at 0.03/dollar. Sounds like a good strategy, if your desire is to keep the property.
Don’t know anything about these guys other than what is in the article. If you;re in South Florida, it may pay to look them up.
http://extra.heraldtribune.com/2014/10/05/strategy-mortgage-violation/
Post from the dark side:
MBA Pushes for Reg Changes as Lobbying Soars
by KATE BERRY
The Mortgage Bankers Association continues to push back against regulations stemming from the financial crisis, as the industry’s biggest lobbying group continues pushing for regulatory relief to bolster the housing market — and boost profits for its members.
http://www.nationalmortgagenews.com/news/regulation/mba-pushes-for-reg-changes-as-lobbying-soars-1042830-1.html?utm_medium=email&ET=nationalmortgage%3Ae4010451%3Aa%3A&utm_campaign=-oct%208%202014&utm_source=newsletter&st=email
That does not sound right since the first mortgage has priority over the second. I would first contact first mortgage that you are current on and let them know. Sounds like the second lie holder is another legal thug trying to steal your property. Really not surprised. Maybe the mortgage in first position can stop it or else get a lawyer. Does not sound right at all.
My 2nd foreclosed on my property in July. They are a private investor. My 1st was current. The property never sold at the trustee sale so now the 2nd is evicting us. They have never paid the 1st off. They are planning on using my 2% interest rate on the 1st to keep until the property value increases. Can they not pay off my first? Is there anything I can do to keep theproperty. My first (Ocwen) states that we are atil lthe owners of the property and are responsible for the mortgage. Anything I can do?
Agree with lms. You should review eviction laws for your state, county and contact a lawyer or contest according to timeline. Hope you got help.
Thanks for the reply…… We did retain an attorney and had representation at the eviction hearing. Ocwen says there is nothing they can or want to do to help. They are also not asking the 2nd to pay the balance in full. The 2nd can still continue to make the payments set with the modification at 2% interest until they sell the property. I am still in the property and for some reason the 2nd has not asked the sheriff to come lock us out. court was Oct 8, 2014. Dont think my attorney was much help. He had a 3 sentence response to the unlawful detainer that basically said it should be dismissed because we are current on our first????
need info on the Yuba case posted by hammertime does any one have a time period? new to blogging
Looks like 2010-2012 from article
http://www.sacbee.com/2014/07/18/6566661/yuba-jury-awards-16-million-in.html#storylink=cpy
“Yuba jury awards homeowner $16 million in mortgage case
By Dale Kasler
dkasler@sacbee.com
Published: Friday, Jul. 18, 2014 – 2:43 pm
It started out as a simple loan modification for a troubled homeowner. It turned into a $16.2 million jury verdict against a nationwide loan-servicing company.
A Yuba Superior Court jury this week awarded $16.2 million in damages to a homeowner who nearly lost his home to foreclosure after the loan servicer botched his mortgage modification, the homeowner’s lawyers said Friday.”
Karen….if you google John Kennerty deposition where he clearly admits he is employed by Wells Fargo and not MERS resulting in any Assignment that he signed as null and void. Just Google it…print all his deposition and file a motion to dismiss with prejudice. ..just my suggestion..
Good to hear hammertime. Not quite sure what your dilemma is with city but best to get it resolved ASAP and say goodbye to attny. They like to win but they can drag things out that are more easily resolved without them.
Thanks lms, David. I don’t understand it and don’t think even the court understood it. What I did see was the bias towards homeowners and in a weird twist towards landlords. Definitely working towards resolving, not a slumlord, but City, other officials will not acknowledge harm done by unlawfuf foreclosure. Lawyer was not jaded and just dealt with the facts which is what has been missing but looks like is changing. It seems we need to educate lawyers when they’re open but some have the same bias and presumptions which is where I agree and would rather stay out of court until this temporary insanity is over.
Still a free man! Kind of! Having a lawyer made a big difference I sensed in judge attitude. Have until January to resolve things with CIty.
congrats hammertime
David Franklin
I am looking for assignment with C Fetner signature on it, for trail. the date is supposed to be 5/21/93 day of closing, but is on the allonge filed with the complaint. Wells Fargo is the plaintiff, the other signatures are John Kertney I have some assignments from this person with other banks, one is dated the next day, he was then working for mers with a different bank. I believe the assignments were created in june of 2006 by Douglas C Zahm Law firm in Clearwater, Fl. later additional assignments were crated by Nationwide title clearing in palm harbor Fl.
is that Kertney or Kennerty? Herman John Kennerty
as in “Geline v. Northwest Trustee Services” deposition of Kennerty .
Here’s some interesting info on C Fetner in comments
http://livinglies.wordpress.com/2011/02/01/from-our-harvard-friend-what-about-lehman/
it is John Kennerty sorry spelled wrong also C. Fetner
as in “Geline v. Northwest Trustee Services” deposition of Kennerty .
is this in Florida, do you have a county or case # or Name??
I am in Volusia County
Karen, I found a couple of sites with docs signed by either a C. Fetner or a Catherine C. Fetner. One was for for EMC Mortgage on Dec 5, 2010.
On “http://pippinghole.blogspot.com”, I found a comment as follows: “EMC Mortgage Corporation-Catherine C. Fetner Sr. Vice President, Marileen D Bradley, Donna Graves and M. Mojar sign as Vice President. These woman work for Hanover Capital Partners located in New Jersey. These woman are also notaries in New Jersey, they are also notarizing the assignments for each other.”
On “http://www.foreclosurehamlet.org/profiles/blogs/here-is-the-motion-to-strike”, her signature was called into question by the court.
I also found the following document posted with C.Fetner signing for WAMU on 4/16/2003: “http://deeds.desotocountyms.gov/T/T01713-00242.pdf” The signature is simply 2 letters.
And on “www.zoominfo.com/p/Cathy-Fetner/218189022”, she is shown as signing for a few more companies.
thank you so much everyone got to get looking into it, have meeting with attorney in am he seems to listen and has been getting cases dismissed.I have been folling blogs for a long time we won in june, helping others
Looks like Florida is waking up…..
Foreclosure/Standing: plaintiff failed to demonstrate it had standing at lawsuit’s commencement and, further, assigned note after lawsuit but never received assignment of note back – Pennington v. Ocwen Loan Servicing, LLC, No. 1D13-3072 (Fla. 1st DCA Sept. 16, 2014) (reversed and remanded for further proceedings).
Foreclosure/Contractor’s Lien: reversing final judgment of foreclosure in favor of entity that purchased loans because fact issue remained regarding whether entity created investors that controlled developers for improper purpose of extinguishing contractor’s liens – CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, No. 3D13-603 (Fla. 3d DCA Sept. 17, 2014) (reversing summary judgment and remanding for further proceedings).
Foreclosure/Striking Pleadings: affirming striking of pro se defendant’s pleadings for willful and deliberate failure to comply with multiple orders – Ledo v. Seavie Resources, LLC, No. 3D14-21 (Fla. 3d DCA Sept. 17, 2014).
Quiet Title/Amendment of Pleadings: property owners should have been permitted leave to amend before dismissal of their quiet title claim with prejudice – Ledo Unrue v. Wells Fargo Bank, N.A., No. 5D13-3443 (Fla. 5th DCA Sept. 19, 2014).
STOP THE EVASION!
“Virginia drops JPMorgan from mortgage securities fraud lawsuit
By Danielle Douglas-Gabriel September 22
Virginia Attorney General Mark R. Herring (D) on Monday dropped JPMorgan Chase from a mortgage securities lawsuit against the country’s biggest banks, after learning that his predecessor Ken Cuccinelli (R) had already struck a confidential settlement with the bank.
The decision comes a week after Herring announced a $1.15 billion lawsuit against 13 of the country’s biggest banks for misleading a state retirement fund about the quality of bonds made up of residential mortgages. JPMorgan and its Washington Mutual subsidiary were named in the suit, along with Citigroup and Bank of America, for packaging faulty home loans into securities sold to the Virginia Retirement System (VRS).”
http://www.washingtonpost.com/business/economy/virginia-drops-jpmorgan-from-mortgage-securities-fraud-lawsuit/2014/09/22/9adab3d4-4298-11e4-9a15-137aa0153527_story.html
“According to Herring’s office, the pension fund failed to inform the attorney general that the previous administration had reached a $3 million settlement with JPMorgan in 2013. Terms of that agreement are confidential, according to attorney general spokesman Michael Kelly, who declined to provide details of the settlement. He said that the agreement “precludes further action at this time.””
http://piggybankblog.com/2014/09/23/virginia-drops-jpmorgan-from-mortgage-securities-fraud-lawsuit/
Wish me luck I don’t end up in LA Jail orange on Friday! Hopefully long shot.
Tried to get advice from Neil Garfield, Charles Koppa, and LA area “angry at banks” lawyer Stephen Golden but so far no go.
Lawyer is filing motion for continuance as we speak…Got much more to say on this matter
Good luck hammertime. We r with u None of these lies and deceit that the banks have pulled on us is worth jailte for us. They are the ones that should be fearing jail time
hello Lisa i sent you email and pics of black lab
I never received a reply hope u r well
good luck Luis
Bobbi, I see youre online. I just found out that the magistrate for my trial Lisa Dolin Eiss is an ex employee of chase who is my bank. No Impartiality here! Are you kidding me. How can I object on these grounds. This is unbelievable.
no no that is f****** unbelievable. If I were you I would file a motion to disqualify them the magistr.atefor obvious reasons
Can you verify if Lisa is also a shareholder…option holder..?
Unbelievable. File a Formal Justice Complaint…send it to everyone.
Moan -a- Lisa…… uggggh. Shame on you sister for removing yourself from the case….it’s called ‘conflict of interest’…
Hey, do we have anyone living in an apartment in NY? I saw this posting by Eric Schneiderman and was wondering if any of those tenants really did get compensated…check it out:
http://www.ag.ny.gov/press-release/ag-schneiderman-secures-relief-tenants-living-1700-nyc-apartments
Thks all I need one for broward county. Elyse I will try and contact yours in pineal las. This whole thing stinks. Why is the bank telling the CFPB. That my trial date is to discuss the chase settlement only. But no one can confirm it and I get set up and go to the trial thinking we are going to negotiate and the judge thinks otherwise. I will show the banks response from the cfpb complaint. I am supposed to be on hold according to the terms of the settlement, but all the trial paperwork smells of another foreclosure off the docket! Why would I trust anything after what chase has done to us all. More trickery, no doubt!
I will keep all posted. Not quite sure at this point. There is a motion on the 16th to strike the trial on the 18 and now in my complaint to the CFPB chase replied that the trial date on the 18th is to Solely discuss the Chase class action that I am a part of but it looks like a trick to me. I would agree to go and then they have me and they slam the foreclosure. It is scheduled to be in front of a magistrate but all the paperwork wreaks of a regular foreclosure to me. I know I need a court reporter and I have made it very clear to my attny. I will not proceed to any closed door in that corrupt courthouse without one. I feel like a she role being led to the slaughter
The court can not deny you your right to have your
Own court reporter in the court room doing their job
The judge in key west tried to get me to send the reporter
Home but I said no.
He was pissed
Regards
David
It’s not about the Judge denying his right to have a court reporter, it’s about “finding one”!!!! Most in Florida are contracted with the BANKS LAW FIRMS so that avenue is difficult to work through…I had no idea how important this was until someone wrote it on this post… so I have been preaching it ever since. Do Not Wait To See If Your Attorney Hired Someone….demand it and secure your own, just in case! You can’t depend that your attorney cares as much as you do!! Just sayin! CYA
Agrees with Elise
However I just looked in the phone book and asked my attorney for a name and phone number for a court reporter and had no problem in key west fl finding one
Regards
David
CYA
These judges know all the illegal stuff these banks are pulling in the courtroom and I’m sure for a honest judge who believes in “Justice for All” it is really tough but I am also sure his strings are being tugged to get these foreclosure off the dockets one way or the other. Florida has remained the leader in foreclosure so for a while now and that does not look good for “the Sunshine State”. Also the REITs are investing big time here and review “housing wire” today. It is talking about securitization of single family rental properties and mentions the big players. Very much alive and growing in south florida so to me that says a lot about what is going on in the courtrooms in south florida. I am witnessing it with what I have gone thru with my house. The bank has bullied me by trying to claim all this money I owe to bully me out of our home. My son had to run another investor off. I really would like to know where they are getting their information
So what happened?
Thought you were Angel or did you go to court. So many posts…
Law us about economics the banks per Florida law are
Paying the judges to foreclose thru fees assessed to the
Foreclosing party. And the fl supreme court is ordering
The judges to foreclose on everybody and collect the money
The concept here is that economics rule Florida courts ie
Bank money
The economics are against the homeowner
The judges want the bank money
No foreclosures no bank money
Not until the homeowners sue in federal court for their
Rights under the constitution and fed court upholds them
And fed court shuts down Florida. Kangaroo court railroad
Justice system the abuse is going to continue
I do not know of any homeowner who has sued the state of Florida
In federal court.
I sued the state if Florida in fed court I Miami as a
Disable veteran for vilationg my constitutional rights and
Took a court reporter to court
That changed everything in my favor I serve the Atty general of
Florida in Tallahassee
Hey don’t feel bad chase just notified me yesterday that I now
Two different mortgages in two different mortgage trusts
On my house with same trustee wells fargo for
A loan I didn’t apply for while chase has demanded multiple
Times I pay double or triple payments for same month and year
Under threat of foreclosure
Regards
David black
And the ag here in wash state and the uacfpb are just
Looking the other and throwing my and your complaints
In the trash and signalling these banks it is OK to do their
Shit and defraud us all and get away with it with no
Criminal penalty
That shows you what criminal bribery of our political
System can do
So, we are all very interested in what happened in court…Did you get a court reporter?? Was there a witness for the bank to testify about your payment history? If so, was the witness employed by the bank named as the Plaintiff in your matter? How long was your Trial? When the banks attorney lied, did you verbally object? Did the banks attorney file exhibits to the judge to enter right then and did you object to them if you never saw them? Did the banks attorney enter an ALLONG TO NOTE as evidence? What was the outcome??? We, who have been through this, know how uncomfortable being in a courtroom is, especially because of all the statements on this blog stating the Judges are turning a blind eye to the fraud…I’m sure I speak for many by asking you to please fill us in on what happened and what was your outcome….your experience will help those behind you!! We await and sure appreciate your effort with this fight for our rights!! It’s all our nightmare!!!!
From: http://livinglies.wordpress.com/2014/09/12/phh-loses-again-2d-dca-florida-reverses-trial-judge-and-enters-judgment-for-borrowers/
“The courts have turned the corner. Decisions like this are coming out across the country from the trial and appellate benches as Judges and Justices are expressing their frustration and anger over the false submissions by banks pursuing foreclosures. Here the court had the option of remanding for further proceeding, allowing the Plaintiff in foreclosure to refile its claim. But instead, the Appellate court decided that the Defendant Borrowers should simply win the case.”
Angel…I am sure it was exhaustive this a.m….but how’d it go? Feel like a pacing…expectant father……
So sorry for my delay on outcome,ISNT one yet,chase ”third ammended complaint”added Fannie Mae as a Defendant also? My thoughts on that is because I PROVED county land records shows Fannie Mae as ”owner”we bought this property from F.Mae,2008.chase has paid our property taxes from our escrow,but as Fannie Mae…its fraud,on us,fraud for using a corporations name,actively,Knowingly doing so,HIDING behind FannieMae’s name because chase DID NOT FOLLOW MORTGAGE RULES,RECORDINGS OF MORTGAGES/ASSIGNMENTS. So its post/phoned til Nov 14…..I’ve been in total research mode,I WILL be ready the 14th:-)
@ Hammertime – I read the article that you posted the link on the courts in Broward County. I can’t see where there’s any light at all coming with the special courts set up by the State to get rid of the backlog and where under rules that differ from those that guide civil law in other types of cases in Florida and across the country. How in the world can this be seen as positive?
The light would be that of the media covering the charade and that a judge was voted out. Judge part may not be there and lo and behold borrower wins in FL! The truth is the light. Come to the light! 😉
http://livinglies.wordpress.com/2014/09/12/phh-loses-again-2d-dca-florida-reverses-trial-judge-and-enters-judgment-for-borrowers/
It reached out to him several times, but did not hear back. Probably he agreed to a hush clause somewhere in his case. Broward cty is very sneaky and dirty.
What the hell happened to Tom H? Anybody?
Do Not Have A Trial without A Court Reporter!! I can’t stress this enough because, should you loose, you will need the Trial transcript in order to Appeal…if you don’t, then whatever happens in the Trial will just be it!!
Just think of all the People’s Court you watched…
Get there early…bring a brief case…organize it…
Wear respectful clothing…I hope your judge shows…
The Judge will make some introductions..for the record.
Each party will be given a chance to present the merits of your position…fear not…speak clearly…state the Truth…remind the Judge about the 13 banks nailed by the Department of Comotroller…the robo signing…the 43x loan amount incentive to steal…
I would not want to be the other atty…he/she knows there is a light at the end of the tunnel…and its getting brighter…and it aint daylight…you’re gonna win…then y’re gonna tell us all about it….
I see the future…and it is bright. I picked up my audio transcripts from when Judge Christopher Bieter and MetLife stole my home….that judge. .that Bank…that attorney are in hot water…initiated my formal complaint w CFPB…the schoolyard bully is getting his perverbial a$$ kicked…and how… Remember.. yre in good Co.
Good luck!
Good luck!
Good luck!
3x is always effective. Let us know….
Trev
give it all you got, the banksters are the liars. Don’t let them intimidate you. stay focused and calm and speak with facts and have your proof ready to show. Much luck and god bless
Howdy y’all,I’m up to bat tomorrow morning,Pro Se,I filled a motion to dismiss for Lack of Standing’ with prejudice & stated grounds,I’m not gonna lie,I’m nervous!!never had to do this before but I have All I need but…What is it going to be like? Never been in front of judge,,so any input on procedures would be greatly appreciated:-) peace,love,resolution<3
We’re all behind you. Maybe review some tips on https://livinglies.wordpress.com/ if you have time. If not just go with it and and your convictions. Maybe the light will start to come on in that dark corner of the universe. Courtesy of David.
http://www.publicintegrity.org/2014/09/10/15463/homeowners-steamrolled-florida-courts-clear-foreclosure-backlog?utm_source=email&utm_campaign=watchdog&utm_medium=publici-email&goal=0_ffd1d0160d-4ff82563b9-100283517&mc_cid=4ff82563b9&mc_eid=3c3318cc5e
This is a pretty interesting read, don’t know if anyone has seen it yet.
http://www.usatoday.com/story/money/business/2014/09/09/delamaide-senate-hearing-big-banks/15340715/
Hey trev. Don’t look back. Believe me I know how bad it hurts. Push ahead and give it tour best. We don’t have a choice if we look back. These times are bad for all. It’s the moral decay that will kill us. Be glad for that ford pickup. As long as we can go where we want or need to and it gets us there, what else matters. We all have a purpose on this earth to fulfill and nothing less and maybe some of this is that purpose. Thanks for your help and encouragement. I got a response from cfpb and there is a letter from chase saying that my trial date is really a mediation for the class action settlement that I am a part of and it gives the contact number of the banks attorneys to verify. How stupid do they think I am. When the vultures are circling and everything reads on the courts docs as “foreclosure trial”. What a Maroone as bugs bunny would say.
David Stern was disbarred as he should be. Seems like that fact alone would give you a new trial. Yes you have to fend off the vultures in florida as they are constantly circling. It is disgusting
Here. Yes I am pissed off too. I did get a call back from the federal court today and preparing my back up strategy. Chase gave me the runaround all day today and I am mentally exhausted. Yes I too used to be a happy upbeat person until I fell into Chases world of trickery and deceit. But these days seems to be the way it is. As they say I am in this place but not of this place
LMS…et al.
I sit in the corner…busted up neck and shoulders pinned in…like a boxer in round/year 24….I am exhausted and hopeful….beyond spent…
I thank God I have a corner….on the ‘worst’ street….in a trailor…in the crime ridden…drug infested city next to Boise ….by American standards…I now live in a meth hood…a literal dump for the disadvantaged….and to think….7 yrs ago I was checking in to The Four Seasons – Singapore on Hewlett – Packards dime….owned my own Craftsman home in Boise’s desirable North End / Historic District….had a company SUV and a spare R Rover in the garage…….thi week I bought a 1986 Ford 150…rebuilt engine….gets 10 MPG….nothing fancy. ..but its what ruined credit and $1,100 will buy….but hey…I thank God….my service lab and I found a place…..to crash….to heal….to regain strength to fight another round…..yes people…this is economic warefare….AND if the sleazy mayor….hus brother the judge….the Atty Gen…if their Klan will all abuse me….as they have….nearly tassered by 6 Boise cops for challenging the fraudulent sale…..they will do the same to you….I wish I could shield everyone from this cancer….its the Financial Ebola of our times….its an indication of how far from Christ/Buddah/Spirit we as a Nation have tilted….its pathetic actually.
I say I am grateful as this fall to the bottom has taught me many lessons. ….primarily…it has taught me to never give up or in…ever….it helped get me over my fear of corruption. ..cops…judges..mayors who cldnt care less….
I plan to read ‘How to win your Case’….and then I plan to file multiples…qui tam…
It will serve the Nation in the end…..there will be fraud cases heard for the next 10 yrs over this carnival…..it gives us a chance to test our metal….but yeah…im balding….not happy…fianceless….nearly broke…but far from broken….I have a corner…last week I had the streets….no wall to hang my framed MBA Diploma….
So lms….if yre Court date is in 10 days or so….type a Victim Impact Statement to your local Police Department. …hand a copy to the Judge….cc the Federal Judge a la Chase Settlement. …maybe a cc to Holder as well…..it may help….you no longer have time to file a new police report and expect to have a copy by Court Date…..following me?
Then watch Men Who Stare @ Goats…..use your psychic advantage. …it works. I once shot a pigeon out of the sky w just my thoughts….w a witness….my father. I knocker a kid off his skateboard just this week @ 200 feet w just my thoughts….I felt badly but it demonstrated that ‘yes’…..I do still have my gifts. Use yours in Court…..immediately file an appeal and call me if all hell breaks loose…..help is on the way….but there is blood and sharks in the water….orcas too ;)….. 208.703.9525. A well placed phone call at the witching hour can help….
I just wanted you to know….you’re not alone…. give it all you got….and BE all you can/will be…Soldier. The score is 99:1….we are cheering for your victory. Trev
Sorry for the typos….im fn exhausted too….just keep swinging w your fists of truth until one of you falls. … ‘the Sun also rises’. 777
Good article on the mentality we’re dealing with. Since ’09! David’s partial life story fighting predatory lending and for veteran’s rights.
http://www.cjr.org/feature/how_subprime_crushed_predatory_1.php?page=all
Fortunately the modification I signed Bobbi affirmed the debt much lower than the original mortgage and that’s why chase reneged. Got them!! For breach of contract. As they say it ain’t over to the fat lady sings and she will soon be gasping for the breath to let out her first note
More than one way to skin a cat. (who skins cats?) Maybe you have another swing to make them prove title, debt and who they are.
I’m hanging in hammertime. Don’t have a choice. I have a child in school and 3 dogs and a cat. Where would we go. I have to keep fighting for my family.
Well, this is where I am right now….I was fraudulently foreclosed on in 2012 and then in the Appeal process, which did nothing so I filed for a MOTION FOR Retrial because I never had one hearing since complaint was filed by David Stern Foreclosure in 2008…I now filed complaints with the OCC, who refers all mortgage related issues to the CFPB, who is operated by the Federal Reserve, which is owned and operated by the Banks!!! So, I have been fighting off realtors who may attempt to sell my house, which has been empty since 2012 as a result of the court allowing the bank to file forged documents in order to obtain a foreclosure at any cost…Whenever I get an alert on my house through Zillow, I write and send my formal Cease and Desist explaining they will be named in a lawsuit should they sell my home because the real Party Of Interest is unknown and the Appeal Court is now reconsidering my MOTION FOR RE-TRIAL…..I am dodging bullets as best I can but fighting with crooks is taking all my joy and makes a normally happy lady really pissed!!! Just wanted to share my fight as all our issues are so very different but all the same….we’re under attack and we’re pissed off about it !!!
Kb, if you are reading. We r here for you. Don’t give up. I really don’t know what I would do without everyone here, god bless us all.
Thks again hammertime and feel better. I would not put anything past evil Chase. My son had to run off some investor drove right up on my property as if he owned it already. Told my son our house was on “the list”. I would like to know wtf list he was referring to and where he got it. Don’t risk going to jail over chases crap. Why make their theft any easier. It is always easier to steal when no one is home.
Working together even if it’s not as much as we’d like always helps and who knows someone out there may be going through the same thing.
Seems like I’m on a runaway train headed for multiple collisions. Hopefully I can jump off before the 26th!
I’ve used the IFR framework consistently to question how stupid the payout was. I would also throw in the Kalicki and Yuba cases in your correspondence wherever you can. No more excuses for whoever sides with banks.
I had same experience with investors, brokers who wanted to steal my property for HALF the original principal and Chase was all for it. What’s wrong with this picture! Things are so crazy here in LA, CA that prices are way past bubble values. Houston, We’ve got a problem!
Looks like reply didn’t take if repeat. Working together however we can, always helps. Someone out there may also benefit with even a small piece of the puzzle. We all do what we can. I’ve come full circle from brokers, investors telling me it was a good deal to short sale for half the principal and Chase had no problem with it! Had to chase people off and got into it a couple of times and then the city decided to dog pile. Brokers, investors, politicians are all sipping their tainted champagne but the truth is coming out! Have experienced mini version lately. Hang in there!
Oh and LAWYERS!
Lms52, I know what it is like dealing with Chase. They are pure evil. If they have a foreclosure sale date your house is probably on a list of houses up for sale and they will also be listed with your county. All of which is public information. Also, you might want to put a No Trespassing Sign that should help keep them off the property. We found most people will not cross them regardless. Just make sure to notify the Post Office it is ok for them to cross the No Trespassing Sign or you might miss out on some mail.
Has anyone read the OCC booklet called financial remediation framework. It was written for the borrower a/k/a “the screwed homeowner”. No wonder the independent foreclosure review resulted in peanuts to us. If they really would have given us an “independent” review, we would have broke the banks for all the wrongs they have done to us. For those of you that have already lost your home, there are cash remedies for bank errors. This maybe good if you want to seek monetary remedies
Thks David and Hammertime. I definitely plan on having a back up if on the 16th, the judge denies my attnys motions and it proceeds to trial two days later(what a rip off) I will withdraw him in the courtroom if I can. I am also carefully reviewing the settlement to see what can be used from it besides the fact, I am entitled to another review for modification. I am open to suggestions. I am hoping the attny is doing right by me but hard to tell at this point and he is on a vacation until one day before the hearing which is a red flag for me. He either thinks he’s got my extention secured or I’m getting really screwed
As usual not legal advice but I would focus on standing, debt (accounting) and chain of title. Sounds like everything but some good examples hopefully from your QWR’s and again report to CFPB what’s going on and copy your reps. Chase is still playing games with me and I have City criminal complaint against me even as they admit not enforcing laws. BUT sale taken off calendar. AND I have tons more ammo. If they steal my home or throw me in jail over this it WILL GET OUT.
We are being attacked on all sides you gotta have all your bases covered and just do it and don’t quit! Then or simultaneously take it to Trev’s level as it applies to your situation, jurisdiction.
Just getting over seems like month long flu and getting my ducks in order but will try to review your info again and be an extra pair of eyeballs.
If there wasn’t a “difference” betw parties they couldn’t good cop/bad cop us to death!
@ lms David and I are on the data trail and your case and description of area definitely came to mind
David has mentioned continuation on basis of inadequate counsel?
In CA it may now be “advantageous” to let them sell and then sue for violations of homeowner bill of rights, settlements etc.
If you really want to throw them for a loop dare them to STEAL your property!
We’re at an extreme stage in this country. Republicans are using liberty and freedom to say there should be no rules when it comes to Wall St. Democrats then say banks/corps don’t have to play by the rules because it’s too expensive or fear of the sky falling Wall St lobbyists scare them with.
Anyone that accepts money from Wall St should be branded a traitor and thrown out come November!
GOOD CALL….search your own States representative’s and if they “smell” VOTE THEM OUT….I’m voting ALL BLUE only because of the non sense of the GOP holding our entire country hostage because they can’t believe President Obama got elected….twice!! November is close and just in time!! Don’t hate me cause I’m voting BLUE 🙂
Been in catch up mode! Interesting stuff in LA, with CFPB etc.
We have to make sure Dems don’t ignore us and think we’re an automatic vote. We need new blood across the board if these lifers don’t do their job.
I have contacted the federal court judge to make him aware that his ruling apprently means nothing in the broward county florida courts. I would think his ruling would take precedence over this mickey mouse courtroom
I have a suggestion but if someone would chime in if it’s proper protocol…like protocol matters anywhere….rrrrr……Question: Can Ims53 prepare and file his own MOTION TO WITHDRAW COUNSEL because the guy is on vacation? If so, in that MOTION, he could request the 60 days required, on his part, to search for an ethical attorney and have time to bring the new attorney up to speed, so to speak…If Ims53 can file his own Motion, he would also need to provide an ORDER GRANTING COUNSEL TO WITHDRAW for the judge to sign right then and there…Also provide with addressed and stamped envelopes to all PARTIES so it is easy for the Judge to process….That’s what needs to be done but if his attorney is on vacation as stated, it’s doubtful he will have or take the time as it would need to be done within one day!! Tough call but IMs53 is sure in a mess and can use all the help from this blog as we can give him!!!
What is the Judge’s name and contact number….post it here. There is a tide shift happening at the highest levels of World/Justice order….inform the Highest level of Court overseers.
My suggestion….and I have said it 3-13 times before….file a gd police report…TODAY.
List the name & # of your Judge if known.
Contact #Anon….ask for ‘eyes’ on your sitch.
Tell them I want Justice for you…then me.
…the gloves have been off for years.
We now fight from the streets. The DR# helps your paper trail if you do get thrown to the wolves.
Follow my advice…..stop ?ing me…
♡s & kisses….
-Hitch
i remember tom saying to file a motion to show cause for a foreclosure stay or ask for mediation. I am working on a modification which is part of the settlement agreement in the chasemdlsettlement. On top of the hearing for the 16th, this attorney has decided to take a vacation until the 15th (one day before the hearing) furthermore, why would they also already have a trial set for the 18th. This to me smells to high heavens. I wouldn’t even have a chance to speak to the attny before the hearing and to me it looks like that is just the way he planned it. Banks attorneys have obviously got to him too. Tom , are you out there?
lms – when you are working on a modification you are working with the work-out dept of the lender. There is no, no, no communication between them and the attorneys representing them. The attorneys for the bank have no clue whatsoever that you are working with other individuals on a modification. Your attorney, on the other hand, should have filed a motion for a continuance based on your current status with getting the mod. Judge certainly won’t grant a dismissal just because of a pending modification but would probably grant a continuance if he was aware.
He is requesting the trial order to be stricken, but not for that reason and he is aware that I am working on a mod. the bank is sending correspondence thru his office re: mod and he is forwarding to me via email. he has motioned the court that my case is not ready for trial for several reasons, but nothing to do with the fact that I am trying to get modification, but I guess he could add that when we go to the hearing. mostly he has motioned that he is new to the case. I only retained him in july when I received the notice of trial being set. He is asking the court to strike the case from the trial calendar and/or continuance so he can file a supplemental answer. sounds good (I guess) but what if the court denies and trial has to go on the 18th, I am screwed.
Very true in my recent experience. That’s another reason mods are a trap. You don’t need to apply for a mod to assert your rights and settlement standards. Violation of single point of contact, most likely since not attorney etc! There may be new legislation or warnings that servicers can’t be manipulated to push through unlawful foreclosure I recall. May want to look up comptroller of the currency to back you up. Recent Garfield post on warning by OCC that banks are REQUIRED to follow state, federal laws.
Reminds me of bank tactics before settlements; key contact goes on vacation, loses docs etc. The added twist is lawyer involved but we’ve seen actions taken against lawyers more recently for doing what loan mod scammers were doing before.
I think we’re battling bank money influence at all levels, not just the politicians. As recent article said we need to worry about staff people not just the politician in the headlines.
Still, there are documented rules and I would question your local representatives and then make their responses public no matter how screwed up they are.
@ Hammertime – very true on your response. We have newly passed laws here in FL that is supposed to prevent a plaintiff (Bankstas) from filing without first showing proof of possession but like everything else, the laws mean nothing to them and the Judges being on the payroll of the banks, don’t enforce them either. Such laws, etc. are a total waste of time. These modifications are a joke! By law they are supposed to be recorded but they never are!!! Why? Because they are a scam and don’t want it on public record. They get ALL your financial information including how much money you have anywhere, bank statements to let them know what you spend your money on,…..everything about you. They take your money for 6 months and then they default you and you’re back in foreclosure again. Only this time, you have no defenses because you signed the modification and AFFIRMED THE DEBT. Gotcha!!!! Everyone seems to forget that these ‘settlements’ are negotiated by a politician who relies on banks to fund their election campaigns….duh? They are practically worthless, esp this new Chase settlement – just a bunch of mix-match words on paper but has no real sustenance.
This is how screwed up my case is. On the loan that was supposed to be paid off, now 6 years later Chase says it was transferred and didn’t have to be paid off, was never in default but there was a strange note in credit report comments “affected by natural disaster”. Remember when the sky was falling and Sheila Bair was trying to say homeowners needed to get relief as if in a natural disaster? She was laughed off the stage but looks like banks used that reasoning for themselves! When I complained my credit reports were changed so that all my loans since ’98 listed WaMu as the “lender”. When I complained about that they were then changed to Chase. Then I complained again. Nothing wrong here though as long as they responded per our hero Joseph Smith, settlements, CFPB and every politician taking money from these crooks.
apparently wall street has already took over broward county with the rental housing market (invitational homes 2) and the local courts, but then they would have to go hand in hand.
I called tom yesterday and he is supposed to call me today. The fact that they have the trial scheduled 2 days within the hearing is scarry enough. Lawyers are the biggest liars, but he did tell me that the fact that I am trying to get modified that it is a federal law they there must be a foreclosure stay. I never should have been in foreclosure and this is precisely what the class action addressed and chase basically settled without admitting to breaching contract, but also part of the settlement is they are supposed to give us new modifications, but if they get a foreclosure judgement prior to obtaining a modification, we are exempt from the settlement and this is what the bank is trying to do to me now and the fact that the hearing is with a magistrate behind the dirty little courtroom doors of broward county will further guarantee summary judgement. This is unbelievable, but believable in this dirty county.
Welcome to the shun-spin (not sunshine) state where as a resident you get shunned by the courts and spin the corruption! There’s not a one here, Democrat or Republican who is honest and devoid of greed!! Ah! But everyone thinks that the new Judge in town down in PB is going to rectify (Jessica Ticktin)…guess nobody bothered to take a look at the background of the law firm or the partners. Oh, they certainly have a lot of great ads on the TV but take a look a the public records. What is that old saying about the apple? Oh yeah, the apple doesn’t fall too far from the tree. Just like everyone thought Schneiderman was the Superman of the day, most will think Ticktin is the counterpart, Superwoman. I guess considering the flip side, anything is better than Judge Lewis….just don’t be too surprised when she starts moving towards the Wall Street banks!
can you fire your attorney in court in front of the judge
You can prepare the motion to withdraw and file it before you are in front of the Judge. Keep a oopy with you in case you need it in front of the Judge. They (Judges) don’t take kindly to doing that in front of them as they consider it a waste of the court’s time. Doing so may likely turn the Judge against you and in these days in Florida courts, any bit of crumbs thrown your way as the Defendant from the courts is highly prized. I wouldn’t do anything to upset the cart, so to speak.
You think the Democrats are any different?
Nice going usedkarguy! The truth reveals itself. Problem is, one is no better than the other. Criminals, thieves, cutthroats…making their way up the political ladder for one reason and one reason only – GREED. Red….Blue…who cares? Core values between the parties? Wow! Find me one that has any values first and the only value they have is the value of money!Just look at the choice we have for the running of Governor here in Florida….one who we couldn’t wait to get rid of before and one who pleads the 5th under oath in a fraud investigation 75 times! God help us, there are no choices anymore!
Hey Redman….why don’t you run for Governor?
I have been observing this for awhile. My neighborhood has gone from 85 to 95 homestead to 50% rental at least and why wouldn’t the local or state govt want it. Property taxes can close to double when it is not homestead property in fla. The vultures are circling my house as I write this. My son had to run a nasty looking investor off MY property yesterday
HELP! The vultures are circling thereis a hearing scheduled for the 16th of this month and the trial with a magistrate for the 18th . they are closing in for the kill, but I am working on a modification thru the chasemdlsettlement, but the local court is not recognizing this. my understanding is its a federal law that they cannot persue foreclosure if you are working on a modification. I have an attorney but I am not sure if they are friend or foe at this point. Can I make my own motion with out the attorney for a reason to show cause to stop a hearing. Thanks. Tom I was really hoping you could help since you are in the same county.
Hello Ims53….It matters not that you are working on a loan modification…the banks and their lawyers are going to steal your home and the Courts just let them do it! Seems like we have no rights? No, we don’t! If you have a lawyer and you don’t know if they are friend or foe?? Hello? The lawyers can’t do anything but steal your money before the banks steal your house. You can’t do anything on your own if you have a lawyer listed in the courts, you must have him/her file a MOTION To WITHDRAW and that could buy you some time to get in touch with Tom, if he is in the same County. If your lawyer stipulates that more time is needed because of his/her withdraw and that you are seeking new counsel (It may be a lie, who cares anymore!). If you can get a 60 day hold on a TRIAL…that should give you time to file a cross complaint against whatever bank is trying to steal your house, alleging that Plaintiff is NOT THE PARTY OF INTEREST. You also can DEMAND, not request, a jury trial….you probably won’t get it, but this will show that you demanded a jury of your piers instead of a single Judge or Magistrate. You also MUST hire your own Court Reporter…the courts don’t provide one in these fraudulent foreclosure matters for obvious reasons! Get rid of your Lawyer if you don’t believe they are working in your best interest…most are useless….keep us in the loop Ims53….and good luck!
So very right ldynps! I’ve already had to have one attorney withdraw and now contemplating doing the same with current representation (who posts on this site as being one of the ‘good’ guys). Right, take your money and run, run, run…while off on to the next one to collect his ‘upfront’ fee!
Hi hammertime. I signed it I have witnessed this in Deerfield beach fl. No wonder they r trying so hard to steal my home. Blackstone group a/k/a ih2 properties(invitational homes2). Google broward county property appraisers and search by owner and put in name ih2. Spelled out and see how many properties they have bought in this cty this should be a crime. No arms length transaction going on here. They have pushed the avg buyer out of the mkt here. Prices unaffordable so they force u to rent and pay astronomical rents.
WOW…..that is so true!! When is this takeover going to be addressed? I am voting BLUE on each selection at the ballot box…these republicans are all about the elimination of the middle class! It’s just awful, really!
Subject: I just signed this, will you? Friend, I just signed this petition telling HUD to stop selling our neighborhoods to Wall Street bankers. In the wake of the housing crisis, FHA created a program the Distressed Asset Stabilization Program, which is supposed to sell off seriously delinquent FHA insured loans in ways that “stabilize” neighborhoods. Instead, they are selling them off to the highest bidder — Wall Street bankers and private equity firms. It is appalling to see the one department in our Federal government charged with stabilizing communities and creating affordable housing helping make this happen. This has to stop. Now. Sign the petition: http://www.commongoodaction.org/hud_stop_selling_our_neighborhoods?sp_ref=55849813.122.9158.e.0.2
uscourts.gov
U.S. COURTS
uscourts.gov | court locator
Naturalizations Highlight National Celebration of Constitution Day and Citizenship Day
In a first for the federal Judiciary, America’s newest citizens are being invited to join an annual celebration of Constitution Day and Citizenship Day, by taking part in 24 naturalization ceremonies that will be held from Maine to Alaska on Sept. 17 and 18.
The events will be conducted at such iconic locales as Glacier Point in Yosemite National Park, the Alamo in San Antonio, and the National Archives’ Rotunda for the Charters of Freedom in Washington, D.C. Other ceremonies will occur in historic U.S. courthouses in New York and St. Louis; at universities in Alabama, Louisiana and Maine; at a riverfront amphitheater in Des Moines, and the National Constitution Center in Philadelphia
Are the judges ruling against the 14 Amendment to protect our property rights
going to show up.??????????
David has been telling me about this for a while but I kept thinking he was talking about the “new” MERS database that’s being planned. GOP law is much worse stripping US of any standing while they use the name of the bill to make us think they’re pro America or whatever.
If you have one of these GOP reps you need to call or write.
from E. ToLLe, on September 2, 2014 at 3:11 pm said:
“And here’s how they do it. A house bill called PATH, H.R. 2767: Protecting American Taxpayers and Homeowners Act of 2013, would make one believe that it’s legislation aimed at protecting mortgagors. Thank you house republicans, all 53 of you who saw fit to co-sponsor this helpful bill, for trying to shore up the beat-up borrowers of America….bless you all. Oh wait just a minute…
In actuality, this is a HUGE crime-laden give-me to the banksters, and one for which every single one of these so-called representatives should be run out of DC on a rail, AFTER they’ve all been mercilessly tarred and feathered. Just a tad of research shows what this bill actually stands for after it’s stripped of its sweet sounding acronym and GOP doublespeak, from occupycorporatism.com:
”….the technocrats have devised a way to take the homes from ALL homeowners regardless of whether or not they have previously won during foreclosure litigation, are in the process of litigation and would file a complaint with the courts at a future date.”
http://livinglies.wordpress.com/2014/09/02/from-the-office-of-the-comptroller-of-the-currency/
Another lesson to be specific on fraud, broken chain etc
http://www.housingwire.com/articles/31224-mers-wins-again-this-time-in-pennsylvania
what is the address of your site
I’m at http://www.phhmortgagemustbedestroyed.weebly.com Everything is organized by exhibit for eventual presentation to a jury; we’re still going through procedural issues. The exhibits are all relevent to common practices of other companies than PHH, just do a search-and-replace 🙂
If you haven’t already, read Gerry Spence’s book Win Your Case. Take control of the story, from opening statement to close. Simplify, simplify, simplify…the jury is not bound by precedent, they make precedent! Have the jury members had pleasant experiences with their lenders, or strained relations? In a civil trial you don’t need unanimity, or no shadow of doubt. A preponderance of evidence is great. Your only worry is too large a verdict you’ll have to do it over 🙂 I have a slide set on my site from Joseph A. Smith, you’re welcome to copy and paste. Chew gum or kick ass! (you may be all out of gum)
And don’t take a knife to a gunfight! lol
take a pistol packin’ dragon if you can find one….preferably one w a shard of glass in one eye…they are belligerent. …effective…and surgical…think Tonic Immobility. ..a la LA Pod…CA#2. . . they flip the monsters (bankers) upside down…put them to ‘sleep’…then they eat…feed.
Have fun with your redemption. ….your grandchildren will thank you. People…we got this.
Dave….you threw your stone….very well placed!
TIMBER!!!!!!
NY is a very FN small island. Nowhere to hide.
-‘zilla
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”. Prob similar language for settlements.
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”.
“Lender Required to Review Foreclosure Documents: No entity can record a notice of default or otherwise initiate the foreclosure process, except for the holder of the beneficial interest under the deed of trust, an authorized designated agent of the holder of the beneficial interest, or the original or substituted trustee under the deed of trust. Furthermore, a mortgage servicer must ensure that certain foreclosure documents are accurate and complete, and supported by competent and reliable evidence. Those foreclosure documents are the initial contact declaration, notice of default, notice of sale, assignment of deed of trust, substitution of trustee, and declarations and affidavits filed in a judicial foreclosure proceeding. A mortgage servicer must, before recording or filing these documents, review competent and reliable evidence substantiating a borrower’s default and the right to foreclose. The above provisions have no expiration date. However, until January 1, 2018, any mortgage servicer who engages in multiple and repeated uncorrected violations of its obligation to review foreclosure documents shall be liable for a civil penalty up to $7,500 per deed of trust in an action brought by the Attorney General, district attorney, or city attorney, or in an administrative proceeding brought by the DRE, DOC, or DFI against a respective licensee (see below for a borrower’s legal remedies). These provisions apply to all trust deeds, regardless of occupancy or number of units. CC 2924(a)(6) and 2924.17.”
http://www.foreclosureresources.net/recent.html
Start a foreclosure now! lol
http://www.foreclosureresources.net/start.html
Dave…. Your cross hairs are well placed.
My Pops always reminded me….
‘The Sun Also Rises’…..
When bank C-uh-ohs start failing to show up…start vanishing…
You will first want to look on milk cartons….
‘have you seen this crook….?
IF SO CALL 1.208.703.9525’
TRUST ME…..ladies and gentlemen. …
The People +Truth shall turn these monsters to dust….when the Pyramids fall/land…get to higher ground…and enjoy the fireworks. Yes….when all else fails…fire works…its the Work of the Ages….
MetLife is public enemy #1…..
Judge Christopher Bieter of Boise Idaho….clean up your Courtroom.
Step #1….. Show up when summoned.
Step #2….. Reverse the Fraud…
Call it the Boise two-step.
There is ALWAYS a bigger dragon…and yes….CHINA called the shots via Cobra.
you have been altered….Dave…you walk the path of the Righteous. …shielded and shrouded with light…..Thank you for decoding and taking right handed action.
360 degrees makes a circle….w an angel on top.
#Anon is watching…..find them in TWTR.
They drop offenders in seconds…they are the plank….
Steve Kandarian…..you are being sued….pay up. T-n-T.
Gradziadio. Amen.
777
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED
Completely agree Bobbi. However I did not make the post and bidens issue did not apply at all in my case but I do feel that the cases in the federal courts are good evidence for us in our individual cases and should be applied and strongly recognized in the local courts. I am in fl also and foreclosure mills like Albertelli are still going strong. I can’t believe how stupid they think we are or maybe they are the stupid ones
Yes Bobbi it maybe old and settled but let’s not forget about the basic criminal activity that started the landslide of bogus mortgages. I think we get too wrapped up with the other crap the banksters pulled on us too. This really fueled the fire and it seems to be to the wayside at the moment. Don’t forget what brought us all here in the first place like the courts want us to do.
I’m not forgetting but if you’re going to present a solid case then you’ve got to use a solid defense in return. That includes giving reference to case(s) that have pertinence to your own discovery. This case that you mentioned has no backbone whatsoever. It was just a means on the part of Biden to get his foot on solid ground for politics! He was already planning on running for Gov. and he did just that for this coming election. Remember he’s not stupid (he is an attorney) and he’s got the political background (father). He’s out for #1 and that ain’t you or me! He used this case for his own political agenda and that’s why the settlement is sooooo lame!
Trevor – how much money can I make from the Bank of Americas seventeen billion dollar settlement since B of A gave a mortgage to a Frances Turner for property she never owned but I HOLD THE TITLE TO.?
1% or in this case $170 million.
$250,000 for actual damages….
$169,750,000 as a punitive souvenir. ..a reminder not to ever…EVER…cheat in MY Casino again…’coi-tons Bugsy…’
(cracks ring laden knuckles…spits on Moynahan’s Mercedes…exits stage left)
My advice…..deliver the 1-2 knockout punch…and don’t flinch.
Make a 2 hr investment into your local police department. …do not be scared…they work for you. Deliver a transcript of both calls and any/all relevant docs….this makes up your ‘DR#’…your criminal complaint. You then send a certified copy…signature required to your Opponent. ..w a cc to your State’s Atty General. CPB too if you have the coin.
Then….once they received. ..read…and have digested your move…called ‘Check Mate’ in Chess…this warchess you are playing btw…yeah…so once they have it…you say on the next call you have…recorded of course. .”how do you want to proceed?”…listen for chirps and crickets….I am serious.
Nothing in Warchess ‘just happens’…you are likely being attacked from many sides….name Names…in your criminal civil complaint. There is a name for what is affecting you….it’s called Fraud.
If the discussions end ubruptly or commitments are not carried out….FILE A CIVIL SUIT…you/WE have plenty of cases to point to….to Sheppard the Judges to the light so to speak.
Google: DBSI fraud 20 yrs CEO Boise
Print a copy of that article. …sign a note at the bottom in purple ink…”Trev sends his love…”
If were in their Allen Edmonds….I’d settle right quick with anyone willing to call ‘Check Mate”.
No pun intended in the check….Keep us informed. 777
Angie. You should make them reverse all interest, fee,attny fees for slamming u into foreclosure erroneously. They will tack on so much on the back end of the loan that you will be in worse debt. If they slammed u in foreclosure and they are wrong, all fees and interest should be removed and you should counter due for all the stress and credit damages they have done to you. My understanding is once that throw u in foreclosure, you can’t pay them anyway until it is settled if it ever is. Why are you responsible for all those extra fees and interest
When you were doing the good faith and they were acting in bad faith. Sue Sue Sue their pants off!!!!
Watch your local court. Banks attny will slam you in foreclosure and beat you to the punch if you let them and that’s what they are counting on. Let your local court know immediately what is going on and if u can’t do it pro se, find an attorney and hopefully not a corrupt one
If anyone out there is seeking a jury (I’ve given up on judges)
in 1:14-cv-00733-LY, Western Texas District Court
Demand for Trial by Jury
Judge –
In accord with Rule 38, I am demanding a trial by jury.
Since the recent and ongoing financial crisis in this country (Wall Street and the Financial Crisis, Anatomy of a Financial Collapse, Majority and Minority Staff Report, Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs, Carl Levin, Chairman and Tom Coburn, Ranking Minority Member), the Financial Institutions Reform, Recovery, and Enforcement act of 1989 (FIRREA)has been passed by the legislature (still being widely litigated) to define and confirm the ethical bedrock foundations of proper financial institution operations to the benefit of our community. The Consumer Financial Protection Board has been established specifically by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to address, and the Department of Justice appears to have expended great effort in examining and regulating, mortgage servicing industry practice, company by company. The most egregious violators in the arena (BofA, Chase, Citi, Greentree, Ocwen, Wells) have already begun to appear in courts to register consent judgments with the united group of all 50 State Attorneys General, and to disgorge record setting penalties in restitution of past practices, and to submit themselves and their changing practices to regulatory oversight by Joseph A. Smith, The Office of Mortgage Settlement Oversight (Joseph A. Smith does not participate in litigation). We are now considering just such industry practices in the case of the plaintiff and these two defendants. A jury has never been empaneled before to openly consider and judge these issues, or their most proper and effective remediation. Now is the time.
Attached Exhibit P-11, Better Markets v. DOJ – Complaint.
Respectfully,
We have a jury trial scheduled for mid Sep. Any pointers, anyone?
Better Markets CEO said that banks/govt are just pretending to address the fraud/abuse. I say go for it but we have to keep engaging and questioning at every level. Joseph Smith says they need more time to see if banks are complying, sound familiar? That doesn’t mean we should have a tantrum and stop making sure they do their job.
Howdy y’all,my latest confusion from chase,I’ve involved my Attorney General’s Office & have a rep,from consumer protection division working with me on my complaint,Shannon from Executive Offices of chase has called a few x’s & the 1st call was my side of complaint,& call ended with ”promises” to get to the bottom of this,& also confirmed We have made every principal/interest pymt?reminder I have been saying/proving/fighting WRONGFUL FORECLOSURE since 8-2010..& the escrow shortage IS from flood policy’s placed by Lender,,,but I’m still in foreclosure process I asked she said YES?????????WTF!!!!! My question is 2 all y’all what does this mean?????& also still no deed/note,still never filed/recorded in my county, 2nd call……Ms.Shannon,chase rep,Good morning I’m pleased to tell you we are fixing the ”credit damage”????? But not all of it,up til 8-2010??THAT is the default claim date on my summons which started ALL THIS NIGHTMARE,,,so shouldn’t civil case against us just collapsed?????
Washington Community Action Network
Making Democracy Work, One Person at a Time!
Share YOUR Story
The change we want to see in our society requires that we have one-on-one conversations with people in our families, communities, and workplace. Sharing your story will help us show our elected officials and other community members how everyday people are affected by injustice and inequality.When you share your story, you are not only helping personalize the issues we work on, but you also giving a voice to the hundreds of individuals in your community who find themselves in the same situation. For example:
•Are you, or someone in your community struggling to pay your mortgage and/or facing foreclosure?
•Are you swimming in medical bills even though you’re insured?
•How has your family been affected by our broken immigration system?
•Has the recession affected you or your family’s ability to find living wage work?
•How has your quality of life been affected by cuts to health care, education, child care, housing, services for the elderly?
Subject: Share your story
Your Letter:
[Tell us your story.]housing
from david f. black
Vancouver wa
blackvan@hotmail.com
as a disabled veteran from the Vietnam era / cold war I have been fighting JPMorgan chase bank to keep my home from foreclosure.
however in my case, I am fivie payments ahead and they refuse togive me credit for that 14,000 paid . they have also demanded that I pay my mortgage payments two and three times for the same month
and it just gets worse from there.
for example. I have a mortgage loan for which there is no paper work or application from me that I never applied for.
CAN has asked me to speak at their events in the past but I was too sick to do so. I have improved and think I can speak if I am invited about my story which is really a story for many CAN members with mortgage servicing from JPMORGAN CHASE Bank
regards
David Black
360 772 5617
I spoke to Michelle at channel five news in seattle about her story about the disabled veteran that jp morgan chase bank just evicted from hishome after the mayor tried to stop it .this targeting of veterans by chase is happening to me but am not not in foreclosure not in bankruptcy not in modification. jp morgan chase has a track record of targeting veterans and active duty deployed military personnel for violating the SCRA for protecting active duty personnel and cheaingand defrauding veteransin their VA mortgage loans.chase has consented to this and has been fined for over $ 60 million dollarsbut they continue to do it.
michelle of channel five news I nseattlerefusd to run my story which is really everyone ‘s story in washingtion state of being targeted for foreclosure if they have a sub prime loan orginated during the period 2002 thru 2009. this has been written about by FORBES magazine in New YORK and it is a fact .
it is time we say no to chase and get statutory federal and state law to stop this and get enforcement by us hud under 49 usc 24 cfr aka Title VIII Fair HOusing ACt statutory federallaw and state of Washington consumer proection act for stoppong predatory lending and predatory mortgage servicing practices in the state of Washington.
and I have confessions to these allegations from chase whistleblower employees in Columbus and Gahanna OHIO as to these allegations in writing on official chase documents.
right now there are hundreds of foreclosures scheduled to occur and progrmmed into chase automated foreclosure system hooked up to corrupt legal reps to take our homes. the estimate nationally is three million loans including MET LIFE LOANs Bear Stearns LOAns and all WAMU Loans
and yes I have filed over 50 complaints about this with us hud us doj and us cfpb and us federal reserve board all of which have been stonewalled. and with chase as well as a JPMorgan chase bank stockholder of record.
Seattle Times Editor
Seattle Times
Seattle, WA
US
Seattle PI Editor
Seattle PI
Seattle, WA
US
Tacoma News Tribune Editor
Tacoma News Tribune
Tacoma, WA
US
Everett Herald Editor
The Everett Herald
Everett, WA
US
Bellevue Reporter Editor
Bellevue Reporter
Bellevue, WA
US
Walla Walla Union-Bulletin Edito
Walla Walla Union-Bulletin
Walla Walla, WA
US
The Columbian Editor
The Columbian
Vancouver, WA
US
Spokesman Review Editor
Spokesman Review
Spokane, WA
US
Yakima Herald Editor
Yakima Herald
Yakima, WA
US
Kitsap Sun Editor
Kitsap Sun
Bremerton, WA
US
Bellingham Herald Editor
Bellingham Herald
Bellingham, WA
US
Bothell-Kenmore Reporter
Bothell-Kenmore Reporter
Bremerton Patriot
Bremerton Patriot
Kent Reporter
Kent Reporter
Kirkland Reporter
Kirkland Reporter
Pt Townsend/Jefferson Co Leader
Pt Townsend/Jefferson Co Leader
Joshua Welter
Washington CAN!
Fatima Morales
Washington CAN!
Sen. Lisa Brown
Sen. Tracey Eide
Mike McGinn
Seattle Mayor
Julie McCoy
Seattle Mayor’s Office
Darryl Smith
Seattle Mayor’s Office
Nick Licata
Seattle City Council
Richard Conlin
Seattle City Council
Tom Rasmussen
Seattle City Council
Sally Clark
Seattle City Council
Bruce Harrell
Seattle City Council
Jean Godden
Seattle City Council
Mike O’Brien
Seattle City Council
Sally Bagshaw
Seattle City Council
Tim Burgess
Seattle City Council
Secretary Sebelius
The United States Department of Health and Human Services
WA Redistricting Commissioners
Given Name Family Name
Organization
Jay Mandelbaum
JPMorgan Chase
James Dimon
JPMorgan Chase
David Novak
JPMorgan Chase
Heidi Miller
JPMorgan Chase
William Weldon
JPMorgan Chase
Stephen Burke
JPMorgan Chase
David Cote
JPMorgan Chase
Crandall Bowles
JPMorgan Chase
Stephen Cutler
JPMorgan Chase
James Staley
JPMorgan Chase
Ina Drew
JPMorgan Chase
Ellen Futter
JPMorgan Chase
Glenn Tilton
JPMorgan Chase
Melquiades Martinez
JPMorgan Chase
Blythe Masters
JPMorgan Chase
Jacob Frenkel
JPMorgan Chase
Douglas Braunstein
JPMorgan Chase
Klaus Diederichs
JPMorgan Chase
Gaby Abdelnour
JPMorgan Chase
Mary Erdoes
JPMorgan Chase
Samuel Maclin
JPMorgan Chase
Matthew Zames
JPMorgan Chase
James Lee
JPMorgan Chase
John Donnelly
JPMorgan Chase
Frank Bisignano
JPMorgan Chase
Gordon Smith
JPMorgan Chase
Louis Rauchenberger
JPMorgan Chase
Richard Cashin
JPMorgan Chase
Catherine Keating
JPMorgan Chase
Stephanie Mudick
JPMorgan Chase
Executives of the Big Banks
Senator Rodney Tom
Senator Jim Kastama
Senator Tim Sheldon
Senator Barbara Bailey
Senator Michael Baumgartner
Senator Randi Becker
Senator Mark Schoesler
Steve Hardymon
Washington State Dental Association
Leaders of the Washington State
Councilmember Kathy Lambert
Barbara Bailey
Washington State Senate
Joe Fain
Washington State Senate
WA
US
Curtis King
Washington State Senate
WA
US
Bruce Dammeier
Washington State Senate
WA
US
James Hargrove
Washington State Senate
WA
US
Andy Hill
Washington State Senate
WA
US
Kevin Ranker
Washington State House
WA
US
Rodney Tom
Washington State Senate
WA
US
Frank Chopp
Washington State House
WA
US
Ross Hunter
Washington State House
WA
US
Pat Sullivan
Washington State House
WA
US
Governor Jay Inslee
WA
US
Erin Gulick
Office of Senator Cantwell
Erin Gulick
Office of Senator Cantwell
Senator Maria Cantwell
U.S. Senate
First Name*
Last Name*
City*
Zip/Postal Code*
Email*
Phone*
Consent and Confidentiality
By submitting your story, you give permission to the Washington Community Action Network to use information gathered about your experiences. You also give permission to staff to contact you regarding your story.
Washington CAN!
220 S River St
Seattle, WA98108
Phone: 206-389-0050
Email: info@washingtoncan.org
Fax: 206-389-0049
Powered by WordPress.
Built on the WordPress Theme Tutorial project on ThemeShaper.
Website design and development by: dposorio.com.
Copyright © 2009 Washington Community Action Network
hi Angel I HAVE TALKED T O THOSE CHASE JERKS TOO.
THEY ARE NOT ANY EXEC OFFICE THEIR UNIT IS THE DEFAULT MANAGEMENT GROUP RUN BY MICHAEL zSARRO S.V. OF CHASE SINCE 1993 THAT HANDLES ALL FORCLOSURES THEIR OFFICE IS IN GAHANNA OHIO NOT COLUMBUS. OHIO. THE SUPERIVISOR ONE OF THEM IS TANYA SMITH. YOU MAY BE A VICTIM OF FRAUD BY CHASE SINCE THE NUMBER ONE METHOD THEY — USE IS MANUFACTURING DEAULTS THRU MANIPULATION OF ESCROW ACCOUNTS AND PAYMENT MADE INCLUDING PUTTING THEMIN SUSPENSE ACCOUTS SO THEIR COMPUTER NEVER SEES THE PAYMENTS. THIS IS THE NUMBER ONE COMPLAINT AGAINST CHASE AT THE US CFPB. THEIR WHISTLEBLOWER EMPLOYEESS LIKE EJ REED AND OTHERS HAVE GIVEN ME INSIDE DOCUMNTS SHOWING THEIR FRAUD. SO FAR THEY HAVE TRIED TO MANUFACURE DEFAULTS ON ME AS A DISALBED VET ERAN BY PUTTING OVER 20000 DOLLAR S IN SUSPESNSE ACCOUNTS AND NO MORTGAGE PAYMENTS WHILE NOT APPLYING THE PAYMENTS AND HAVING THEIR ATTORNEY SEND ME DEFAULT LETTERS WHEN I AM FIVE PAYMENTS AHEAD WITH NO CREDIT FOR THEM. IN MY CASE I HAVE A LOAN I NEVER APPLIED FOR NO LOAN DOCS NO APPLICATON FROM ME THAT WAS FRAUDULENTLY ORIGINATED BY CHASE IN 2011.
REGARDS
dAVID
another source to send your complaints is the new York Attorney general in manhattan new York city who is currently suing chase for mortgage backed securities fraud on behalf of the investors and the people of new York . I have the case number if you want it. contact me at blackvan@yahoo.com and I can send it to you. also the new York department of banking supervision is on chase’s butt about these fraudulent practices .re commend you look them up at google and file your complaints with them as well with their director. chase is allegedly is running at you a n alleged racketeering PONZI BERNIE MADOFF PONZI SCHEM E TYING YOUR MORTGAGE TO DERVIATEIVE HEDGE BETS AGAINST YOU ON THEIR MORTGAGE SERVICING RIGHTS WHEN THEY FORECLOSE THEY MAKE UP TO 43X THE FACE VALUE OF YOUR MORTGAGE IN CASHE FROM THAT THE DERIVATE HEDGE BET. YO UWILL HAVE TO GOOGLE THAT TERM TO LEARN WHAT THEY ARE. NEIL GARFIELD BLOG HAS WRITTEN ABOUT THIS MANY TIMES AND I DOUBT YOUR AG KNOWS ANYTHING ABOUT DERIVATIVE HEDGE BETS. SO YOU WILL HAVE TO EDUCATE THEM
REGARDS
dAVID FRANKLN
I saw this posting online via facebook. If there is anybody out there in Michigan (near Beaverton) and knows of a foreclosure defense attorney that can help this family, please get in touch with her via the email that is posted here: https://www.facebook.com/jillm.onweller/posts/348734655289311
It would appear that she is facing a corrupt Judge in a small town (so unusual, huh?) and she has an attorney that is well over her head in this realm. Much appreciated.
Thank you so much, any advice is helpful. I have learned so much about the law. I also have learned that some judges don’t up hold the law! I refuse to give up. This has been going on way to long, it had totally comsumed our lives,
Rock, is that where you are? under a Rock? obviously you’re not experienced in any aspects of litigation for homeowners, or you would not ask such a foolish question.
C’mon usedkaryguy give the guy a break. He’s probably just ‘new’ to the fraudclosure side even maybe to the point that he’s not even been foreclosed upon. He, just like everyone else here is trying to be helpful. Don’t be so harsh.
Please will everyone who values our Constitutional right to due process read the Breitlings’ Motion to Vacate Void Judgment then phone the Dallas County 134th District Court and let them know what you think about Judge Tillery’s behavior. The phone numbers are available here: http://www.scribd.com/doc/237267078/LNV-vs-Breitlings-DC-14-04053-Dallas-Co-134th-Court-Breitlings-Motion-to-Vacate-Void-Judgment
90% of all the Judges in America are just allowing this fraud to continue!!
trevor
we all have to really read up about up psycopaths had I known this before I know I could never have expected a normal response from them., as long as they get their way they dont care who they hurt, maim or destroy as long as they get their pleasure Our dogs were innocent victims.I was told by management i cant talk to anyone at my complex about what happened.
thanks for reading Trevor and all – you don’t live here.
all-
i started to read about psychopaths and I think if you all spend a few minutes reading about them you will understand how easy it is for them to take part in fraudulent foreclosures and why we are not getting normal and responsive answers to all our communications with them.
Hi
I worked for and with these pschopaths like during the
Savings and loan federal bank meltdown in the eighties
They are worse than that
Regards
David
Chase is an evil death star
You speak the truth ruth….pardon me.. Marilyn that is. In fact, one (psychopath) in TX was indicted today on two counts of abuse of power….lives in a mansion…had it all…had. Timber! And TX was the first State to go purple. ♡memy☆s…6s-2-7s. I call him a psychologically unstable bc as I understand the sitch…he thought he had a real shot at the White House….had.
50/50 that he gets nailed on both charges…and if/when that happens. ..Gov Perry gets 7-99 yrs. The Good People of Texas have spoken…..and the walls came down. Did you hear the collective ‘oh shit’ by the other 40-49 ‘Govs’…it sounded like this ‘crickets….crickets….crickets’….I called ‘the Gov’ when my 1st home was being taken from me….slick Rick didn’t return any of my calls…he was really busy…..***teaching moment : IF you’re going to rob someone of their home.. know the WCS, consider the probability of THAT happening. …then roll the dice. Pistol packin’ Ricky obviously crapped out.
P.s. Camilla got kicked out of England this week. Kicked out.
Sometimes the game is won in the bottom of the 9th…it was a perfect day.
Pivot to the Pinata. ….Gov Pinata…watch the Mexican-American kids with sticks make carne asada out of Mr. Perry’s Presidential dreams….turning, in his case…7s 2 6s….remember boys and girls, it’s the second mouse who gets ‘the cheese’. Have hope in the vault tonight….we got this. 777
If anybody has a word if advice ….please tell me. Thank you for your time..
Please take a moment and watch the Attorney General from Delaware about the fraud!!! Perhaps our fights need to be through Delaware???? Check it out!
http://activerain.trulia.com/blogsview/2576407/beau-biden-might-be-onto-something-in-delaware-
Sorry ldynps – this was from October 2011 and it was settled July 2012 with no monetary payment and no real structure to correct anything. Beau Biden was/is a joke! See here:
DELAWARE AG SETTLES CASE AGAINST ELECTRONIC MORTGAGE REGISTRY
Posted on July 22nd, 2012 in Mortgages, State Issues By BuckleySandler
On July 13, Delaware Attorney General Beau Biden announced a settlement of the state’s lawsuit against a national electronic mortgage registry. The state alleged that the registry system created inaccurate and unreliable records that undermined chain of title in that state. Under the agreement, the registry has agreed to (i) maintain a database that allows homeowners to clearly see who owns the mortgage and who services the loan, (ii) record assignments of mortgages with the county Recorder of Deeds Office before a foreclosure can proceed, (iii) not foreclose in its name for the next five years, (iv) audit its records for accuracy and report results to the Attorney General, and (v) increase oversight and training, including annual examinations of documents signed by employees of its 25 largest members to check the identity and authority of the person who signed the documents. These steps are consistent with those already taken by the registry nationally, and the agreement does not include any monetary payment.
Since every mortgage is a CONTRACT between two parties and since that contract is governed by Federal Laws… has anyone approached the Fraud issue in their loan docs by stating to the courts that since Fraud can been identified in their mortgage paperwork (IF It Can) and since UCC Law governs such issues like Fraud in CONTRACTS, I would venture to say that with Fraud identified in such a contracts… it would make it null and void. Both parties to a CONTRACT must come to the table with “Clean Hands” in the negotiations. Therefore do you think any judge, once the fraud has been identified and presented to the courts, would choose to become part of Aiding and Abeting in that Fraud which had been perpatrated by any Bank or supposed Service Provider? I am not an attorney just thinking out loud! Any thoughts are welcome.
Oh Rock, you must be new to this site as FRAUD is all it is about! The Banks are forging whatever documents are necessary to file into the Courts and then the Judges are allowing it to happen!! We are all well aware of this but no agency is helping the homeowners under attack by the banks!! These fraudulent foreclosures are without a doubt, THE LARGEST CRIME IN THE HISTORY OF THE UNITED STATES and it appears it will continue until AMERICA is a homeless society….Welcome to the group, however, please know that millions are under attack and there is not one agency helping us…All our laws created to protect us from fraudulent means doesn’t mean anything anymore…It’s like finding out that Santa Clause is not real…either is our Constitution or our Bill Of Rights!! It’s the end of the middle class Rock…and we are all feeling the crime…
Respectfully, I’d say it’s a mistake to stop making complaints and engaging the CFPB, other agencies and elected officials. Good info so we don’t approach naively. With the information we’re getting and able to collaborate with each other will make any effort that much stronger. As I’ve learned from David, the Fed owns the OCC as well and prob runs the SEC etc. Where does it end? That’s the reality we have to deal with and show it’s against our country’s interest and denying us our rights or show which elected officials really are on the side of ordinary Americans.
Oh my goodness…For all of us who have been feed more BS to file Complaints with the CFPB…don’t waste your time.as it is owned and operated by the Federal Reserve and the Stock Holders of the privately owned Federal Reserve are the BANKSTERS!!! I had no idea because I have been going more in the direction of filing a lawsuit…however, we need to stop wasting our time with them, it will go nowhere, fast!
Who Owns The Federal Reserve?
The Fed is privately owned. Its shareholders are private banks
Agency overview
Formed July 21, 2011
(3 years, 21 days ago)
Jurisdiction Federal Government of the United States
Headquarters Washington, D.C.
Employees 945 (2012)[1]
Annual budget US$447.7 million (FY 2013)[2]
Agency executives Richard Cordray, Director
Steven Antonakes, Deputy Director
Parent agency Federal Reserve System
biggest Ponzi scheme in the history of the world, and if the American people truly understood how it really works, they would be screaming for it to be abolished immediately. The following are 25 fast facts about the Federal Reserve that everyone should know…
#1 The greatest period of economic growth in U.S. history was when there was no central bank.
#2 The United States never had a persistent, ongoing problem with inflation until the Federal Reserve was created. In the century before the Federal Reserve was created, the average annual rate of inflation was about half a percent. In the century since the Federal Reserve was created, the average annual rate of inflation has been about 3.5 percent, and it would be even higher than that if the inflation numbers were not being so grossly manipulated.
#3 Even using the official numbers, the value of the U.S. dollar has declined by more than 95 percent since the Federal Reserve was created nearly 100 years ago.
#4 The secret November 1910 gathering at Jekyll Island, Georgia during which the plan for the Federal Reserve was hatched was attended by U.S. Senator Nelson W. Aldrich, Assistant Secretary of the Treasury Department A.P. Andrews and a whole host of representatives from the upper crust of the Wall Street banking establishment.
#5 In 1913, Congress was promised that if the Federal Reserve Act was passed that it would eliminate the business cycle.
#6 The following comes directly from the Fed’s official mission statement: “To provide the nation with a safer, more flexible, and more stable monetary and financial system. Over the years, its role in banking and the economy has expanded.”
#7 It was not an accident that a permanent income tax was also introduced the same year when the Federal Reserve system was established. The whole idea was to transfer wealth from our pockets to the federal government and from the federal government to the bankers.
#8 Within 20 years of the creation of the Federal Reserve, the U.S. economy was plunged into the Great Depression.
#9 If you can believe it, there have been 10 different economic recessions since 1950. The Federal Reserve created the “dotcom bubble”, the Federal Reserve created the “housing bubble” and now it has created the largest bond bubble in the history of the planet.
#10 According to an official government report, the Federal Reserve made 16.1 trillion dollars in secret loans to the big banks during the last financial crisis. The following is a list of loan recipients that was taken directly from page 131 of the report…
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
#11 The Federal Reserve also paid those big banks $659.4 million in fees to help “administer” those secret loans.
#12 The Federal Reserve has created approximately 2.75 trillion dollars out of thin air and injected it into the financial system over the past five years. This has allowed the stock market to soar to unprecedented heights, but it has also caused our financial system to become extremely unstable.
#13 We were told that the purpose of quantitative easing is to help “stimulate the economy”, but today the Federal Reserve is actually paying the big banks not to lend out 1.8 trillion dollars in “excess reserves” that they have parked at the Fed.
#14 Quantitative easing overwhelming benefits those that own stocks and other financial investments. In other words, quantitative easing overwhelmingly favors the very wealthy. Even Barack Obama has admitted that 95 percent of the income gains since he has been president have gone to the top one percent of income earners.
#15 The gap between the top one percent and the rest of the country is now the greatest that it has been since the 1920s.
#16 The Federal Reserve has argued vehemently in federal court that it is “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
#17 The Federal Reserve openly admits that the 12 regional Federal Reserve banks are organized “much like private corporations“.
#18 The regional Federal Reserve banks issue shares of stock to the “member banks” that own them.
#19 The Federal Reserve system greatly favors the biggest banks. Back in 1970, the five largest U.S. banks held 17 percent of all U.S. banking industry assets. Today, the five largest U.S. banks hold 52 percent of all U.S. banking industry assets.
#20 The Federal Reserve is supposed to “regulate” the big banks, but it has done nothing to stop a 441 trillion dollar interest rate derivatives bubble from inflating which could absolutely devastate our entire financial system.
#21 The Federal Reserve was designed to be a perpetual debt machine. The bankers that designed it intended to trap the U.S. government in a perpetual debt spiral from which it could never possibly escape. Since the Federal Reserve was established nearly 100 years ago, the U.S. national debt has gotten more than 5000 times larger.
#22 The U.S. government will spend more than 400 billion dollars just on interest on the national debt this year.
#23 If the average rate of interest on U.S. government debt rises to just 6 percent (and it has been much higher than that in the past), we will be paying out more than a trillion dollars a year just in interest on the national debt.
#24 According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress is the one that is supposed to have the authority to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”. So exactly why is the Federal Reserve doing it?
#25 There are plenty of possible alternative financial systems, but at this point all 187 nations that belong to the IMF have a central bank. Are we supposed to believe that this is just some sort of a bizarre coincidence
Website consumerfinance.gov
Former employees from Ameriquest, which was United States’ leading wholesale lender,[88] described a system in which they were pushed to falsify mortgage documents and then sell the mortgages to Wall Street banks eager to make fast profits.[88] There is growing evidence that such mortgage frauds may be a cause of the crisis.[88]
The U.S. Financial Crisis Inquiry Commission reported its findings in January 2011. It concluded that “the crisis was avoidable and was caused by: Widespread failures in financial regulation, including the Federal Reserve’s failure to stem the tide of toxic mortgages;
3. Cease-and-Desist Order Procedures
The Dodd-Frank Act establishes a special set of procedures for cease-and-desist proceedings brought by the CFPB.[177] In its notice of charges, the Bureau must set a time and place to hold a hearing to determine whether a cease-and-desist order should be issued against the covered person between thirty and sixty days after the notice of charges has been served. All administrative hearings regarding cease-and-desist orders are required to take place in the federal district court where the covered person has its principal place of business, unless the person consents to another location, and are to be conducted according to the APA. If a party consents by failing to appear at the hearing or the Bureau finds on the record that a violation has been established, the Bureau may issue an order to cease and desist from the violating practice, which will become effective thirty days after service. A party may petition for judicial review in the U.S. Court of Appeals of its principal place of business or the U.S. Court of Appeals for the D.C. Circuit within thirty days after the date the CFPB serves the order.
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED.
@Hammertime – I respectfully disagree with you that if you are a defendant in a Chase case and are NOT in one of the (5) states listed under the Chase RMBS settlement, that you can use it to support claims. I’ve already been told by my attorney that this settlement has no bearing on my case here in Florida as Florida was not part of the Chase RMBS settlement and the courts would not recognize the wrong-doing of Chase against other defendants in other states. Even when documents refer to substantiate a case law here in Florida it uses either only Florida state cases or Federal cases (Federal cases because they take precedence over state). If the court system in those other remaining states (maybe your state) does recognize out of state case law, then that’s a great leap toward victory. Here in Florida we are up against the biggest corrupted court system EVER!!!!
Bad wording but good info on the FL law snake pit. Not thinking in terms of legalese since it appears no reading of the law can get you a fair shake there. It’s coming down to rights and harm done in the general sense. You homeowners down there gotta start making noise on that basis or roll over. Like an alligator? Sorry that image just popped into my head!
Ha-ha! You have the right thoughts on Florida except it’s the judges who are the alligators and eating us up ALIVE. The corruption down here is soooo massive on all levels not just in the court rooms. Police, child protection, welfare, food stamps, disability claims…all so corrupted! I vowed to elect no one but the ones running against the incumbents however, that list is just as full of cheats, liars and greedy sob’s…the sole purpose then is to just break that chain from where it is yet it doesn’t get rid of it! It is so frustrating dealing with a fraudulent foreclosure crisis for ALL of us and yet try at the same time to evolve our state from corruption. We have a lot of good people that could do a supreme job but money is what gets people elected. No matter how good you are, if you don’t succumb to the scum to fill the coffers you won’t make it. Sad, very very sad.
Here in CA the Repub governor candidate is running as the middle class hero and what does he want, no regulation!, what got us into this mess in the first place. While Gov Brown is being sued for diverting settlement funds. We’re all being played just from different parts of the deck. But the truth and precedence now is on our side. You’re right about the money but if we ask the obvious questions to whoever’s running and force them to answer they can’t hide.
True hammertime but there is a hush clause in the agreement but not sure if that applies to all plaintiffs or just the attorneys
Another class action trap
I agree with hammertime. the best option for us all is the political one and heavy heavy lobbying and have a sea state change nationally esp in florida. it is going to be a hard fight. the banks and their fed regulator friends and the federal reserve have run the show since 1930. that is how long this has been going on I blew the whistle about all this stuff in 1978 in d.c. before the senate banking committee and the sec of treasury Blumenthal . only thins happened was some people got fired like my boss the the OCC Director and a new piece of legislation called the Community Reinvestment Act.
regards
David
And now we have the internets! lol No excuses.
What’s wrong w/ you David didn’t think they would sell out our whole country! 😉
You should have received notice if you are part of a class action settlement. Which settlement r u referring to?
The Chase Mortgage Settlement. The settlement was NOT a class action. This is one that was brought on by the Dept of Justice. I don’t care about class-action settlements; they are only worth a pittance and all the money goes to the attorneys. I am referring to the settlement which John Smith is the monitor.
Bobbi the chasemdlsettlement was a class action and a federal lawsuit. If you are a part of this. You should have received notice
Ones I’ve been referring to are RBMS settlement (http://www.rmbstrusteesettlement.com/) or National Mortgage Settlement.
Looks like RBMS doesn’t apply to FL per Bobbi
I received a class action settlement, from BoA, countrywide on the double billing for forced hazard insurance during the foreclosure..( I had already noticed it,)
Is it safe??? to apply for the settlement? they want last 4 of ss #
we won our foreclosure per se. recently,.in Florida any advice?
also looking for attorney, pr anyone who can help me file counterclaim for damages. I have a good start but need advice. I am new to their game. and won by common sense questions in the court room.
Translates to
chase keeps all the money
homeowners get nothing
Chase n banks have their people in uscfpb
To suppress complaints
Thst was in the press when director was appointe d by Obama
The other thing they do is ship our complaints to fed trade commission
Complaint graveyard to cover it all up
David
Betw this and the Annex guidelines Chase decides who gets the money as if the fraud, “crisis” never happened. Some get money for their PR campaigns and so politicians look good. Like the non-profit guy said they’re all pretending to do something.
Another non answer from mortgageoversight people, Mr. Joseph Smith?
So sounds like they can’t look into a $500,000 forgiveness offer and if there were any credits claimed by the “lender”? How many of these are there? $500k offers and oversight people we need to go on a hunt for?
And got Chase rep to agree to recording so maybe there’s a change on that end. Documents what David is saying about categorizing our issues as “duplicates”. So are Chase and CFPB too much in sync here? A view into how they see the single point of contact as well or more misrepresentation on that front. If case is escalated to the “executive office” it seems the SPOC is out of the loop, no more SPOC?. Fits in with description that “executive” group is a delaying, misdirection tactic as David has said.
And what ever happened to the task forces and the agency cooperation to get to the bottom of this fraud? Am I asking too many questions? From info@mortgageoversight.com, no word yet from ombudsman.
“There are currently two settlements involving Chase. The first being the National Mortgage Settlement in which Chase has completed its requirements for consumer relief. The second is the Chase RMBS settlement. This was entered into in November 2013. The Monitor has a limited role in the Chase RMBS settlement dealing with consumer relief – he measures whether the relief has been granted. Chase has discretion in the granting of relief under the settlement and the Monitor has no oversight of the exercise of that discretion other than to measure the result. Unfortunately, our office is no able to get involved in individual borrower disputes with the servicer and we would not be able to review your case and provide assistance.
Additionally, the Independent Foreclosure Review was separate from the National Mortgage Settlement and our office had nothing to do with it. I would encourage you to contact the OCC for concerns about the IFR. As for the City of Los Angeles, you would need to contact your state’s Attorney General to see if they are able to provide you with assistance.
Thank you.
Office of Mortgage Settlement Oversight
P.O. Box 2091
Raleigh, NC 27602
(919)825-4748”
Am I missing something here? From reading the settlement with Chase, it only mentions that it settled with 5 states (however, the state of NY was settled before the signing of this agreement). Those states were California, Mass., Illinois and Deleware. Anybody else in any of the other states have no bearing???? I see all these posts from people in places other than these 4 states thinking they have some resolve with this settlement and yet, it does not appear from what I read in the settlement that there is no relief for anyone else in these other states. I am in Florida and (wishing) that I had some stake in this settlement, but it does not appear so. Does anybody out there have more information that would lead me to believe otherwise?
Should be verified if applies to individual cases. Can be used to support claims, precedent. I’m hitting on the bigger theme that we aren’t getting relief so no matter what state complaints can be made questioning their process and where the money is going. If we all support each other’s causes and the main overall cause for foreclosure victims we could pop their bubble.
Hammertime. Which settlement r u referring to here with Chase?
Now I can’t find the email I got it from. Looks like it came from here:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.justice.gov%2Fiso%2Fopa%2Fresources%2F64420131119164759163425.pdf&ei=42ToU-uXG426oQSqrYCYBg&usg=AFQjCNGDwVQJyQd7gJBhjuMFGm-r9IpDtA&sig2=Iya-vNUhNPnVdpcTtVcJ2g
and refers to last WaMu settlement late ’13, pretty sure applies to National Mortgage Settlement as well
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CEkQFjAF&url=http%3A%2F%2Fwww.msfraud.org%2Flaw%2Flounge%2FDOJ-JPM-Bear-Stearns-WAMU-Settlement_2013.pdf&ei=42ToU-uXG426oQSqrYCYBg&usg=AFQjCNFwbucjzJ7GjWbOHuU5LP-Bmp59CQ&sig2=U_bcEQC9eD_ZEbxmEoD2Kw
David’s been great with the info and trying to catch up and apply. I skimmed past this at first but makes you wonder why we’re having such a problem getting a fair shake. Even though your frustrated w/ CFPB need to keep filing complaints but share them so we can track them. This is the blight section that applies to my case and David’s. Whether my supposed $500,000 forgiveness was a part of this and Chase got credit for it is part of the answers I’m requesting. If Chase can get dollar for dollar credit why won’t they even work with David and even insult him as a disabled veteran?
Seems they can donate the mortgage to David and get full credit and in my case could work with city even though there’s already $15,000 in the City’s hands from my rental income. What gives?
“Annex 2
Consumer Relief
Eligibility: The Consumer Relief eligibility criteria shall reflect only the terms set forth below and the following principles and conditions: (1) Consumer Relief will not be implemented through any policy that violates the Fair Housing Act or the Equal Credit Opportunity Act; (2) Consumer Relief will not be conditioned on a waiver or release by a borrower, provided that waivers and releases shall be permitted in the case of a contested claim where the borrower
would not otherwise have received as favorable terms or consideration; and (3) Eligible modifications may be made under the Making Home Affordable Program (including the Home Affordable Modification Program (“HAMP”) and the Housing Finance Agency Hardest Hit Fund) and any proprietary or other modification program.
4. Anti-Blight
A. Forgiveness of principal associated with a property where foreclosure is not pursued
i. $1.00 write down = $1.00 Credit
B. Cash costs paid for demolition of ii. $1.00 payment = $1.00 Credit dilapidated properties
C. Mortgages or REO properties iii. $1.00 property value10 = $1.00 donated to accepting municipalities, Credit land banks, or non-profits or to servicemembers with disabilities or
relatives of deceased servicemembers
D. Funds donated to capitalize community equity restoration funds or substantially similar community redevelopment activities.
iv. $1.00 payment = $1.00 Credit
“Total Credit Minimum”=
1.+2.+3+4. = $4 billion
I know how u feel Marilyn. I had to put my beagle down at a young age and I felt she got cheated. I have three dogs and a cat and I am not parting with any of them even if I lose my house. I would not go anywhere with out them. They have been a part of our family for too long. Youngest dog is 7.
if in the beginning you mean ‘soon after their deaths’….I did a lot of thinking about what kind of nation America has become….on our watch. Like a garden never weeded…it has overgrown with an abusive, predatory, take take take mentality. ..my dogs were amazing…the did not deserve what Snoooy of MetLife did to us/them. I will forever be sickened by the Banksters’ greed….for their lack of restraint. We have become the video game….television is effective….yeah…I have not been the same since….my advice….let this pain harden your armor but not your heart. Let it strengthen your resolve to fight….to shield the next future victim. Until C-uh-ohs get hauled off in silver…..the behavior will not change. There comes a time when the gloves are removed….when its you or them……we are at this point. Yes I aquired an amazing chocolate lab….Ithaca Rose Kennedy…..after Rose K. She embodies the human spirit. …she is more than a dog…not sure how to explain. …I think she was ‘sent’ to me….to help fight the darkness….and to help bring the light. She has been fed beef heart everyday for 3 yrs….my way of honoring the K9 clan….a way to move forward.
Let the feelings out….journal….yoga…meditate….sorry you are in such a – space….that is hard…I am/was too…..you feel like yre living in an active war zone….never safe.
My advice…..file. let it out…..get your day in court…pro se…get a judgment. …enforce that judgment. ..get paid….move. what is that…7 steps??? Good luck….loss is hard…feel it.
wuf wuf Ithaca Rose – what a wonderful name for your baby I always feel that substitutes are sent to us by a power stronger than us. Someone is going to object to me talking to Rosie
Time moves so slowly
I recently sent 17 years of proving the fraud to someone who has the authority to do something about it.
Thanks lms
Trevor- what did you do with yourself at the beginning? i never had one that didnt come to their
end naturally and my last dog lived to 19 and a half i feel like she was so cheated
Did you ever get think you could get other dogs?
Marilyn so sorry to hear about your dog. Hang in there!
thanks Trevor you know my feelings.
i am pretty sure the wacko that lives downstairs from me with the drugs and the electronic harassment guns is a registered sexual predator- a florida felon Naturally at these reits they won’t tell you who your neighbors are.
I found a site called Mugshots.com and saw a creep named Douglas Blumlein a Florida felon that looks like the man that lives below me but with slightly altered appearance of his head partially shaved, his mustache shaved off and his silver rimmed glasses gone . I went to the police several times trying to stop this nightmare about the drugs coming into my apartment from downstairs and their answer was there is drugs everywhere. Which i guess they are right about .
Drugs enlarge one’s heart and so that accounts for my dogs enlarged heart. I already went to the authorities of the Florida prisons. Even if he served his time for raping a child he shouldn’t, especially with his fondness for electronic harassment. be allowed to live among normal people
there is no one here to reason with since the leasing agent is a two time felon for credit card fraud.
Someone on this site told me that in Florida all leasing agents have to be licensed, unfortunately not here in New York. Can you imagine giving your soci al security number and your financial info to a credit card felon.
The REITs do not care about your safety or health a long as they make money.
i’m going to be here till i get my properties back i might as well use my energies fighting against this sadist be banned from having weapons.
@ Tricia is Beneficiary Declaration a WA fc filing requirement?
Yes, it is required under the Deed of Trust Act. It is suppose to be done prior to starting foreclosure action. It is how the trustee knows that the bank is the actual owner of the note and has the legal authority to foreclose. The current problem we have is that they started foreclosure action over a year ago but the beneficiary declaration we just received is dated June of this year just prior to them filing an amended notice of foreclosure sale. We are thinking something is fishy here….
Tricia is your loan a bear stearns mortgage
Originated between 2001 thru 2008
Or do you know who the mortgage trustee
Is for your mortgage trust we need to know
If you have a Mers number and was their a
Second mortgage with your loan
I have thr info from thr us federal district
Court as to whobowns your loan first trust that
Has been verified
In other words the name of thr true beneficiary
Regards
David
If you like you can contact me thru hammertime
Or to my email at blackvan@yahoo,com
David, it was actually originally a WAMU loan (The trustee was Group 9, Inc), but from there we have no idea what happened to it before Chase supposedly purchased it in 2008. There was no second mortgage. I am not sure if it ever had anything to do with MERS. Chase appointed NWTS as successor trustee.
Tricia, this may be on my brain from another correspondence but if you have an atty in fact on assignment or other docs could be sign of broken chain which it sounds like from possible back dating. They may be able to back date as long as their standing is valid. My WaMu issues are pretty bizarre which I believe is result of broken chain of title. Matching up dates is key with docs, sales, trust rules (Glaski) etc. Again, the settlement guidelines allow you to challenge chain of title, reliable evidence, valid transaction even though it seems the WA system is anti homeowner.
David, yes we have read the Ha Dao Class Action Law Suit. I will check more into it, thank you for the help.
Just saw this quote on site David referred me to:
“Mission / Intent: To remove the fear of the unknown for underwater homeowners through Education − enabling Trust − leading to Action!
“Each must for himself alone decide what is right and what is wrong, and which course is patriotic and which isn’t. You cannot shirk this and be a man.
“To decide against your convictions is to be an unqualified and inexcusable traitor, both to yourself and to your country, let men label you as they may. If you alone of all the nation shall decide one way, and that way be the right way according to your convictions of the right, you have done your duty by yourself and by your country – hold up your head!
“You have nothing to be ashamed of.” … Mark Twain
– See more at: http://www.useforeclosurelaw.com/contact/#sthash.9Qs8W70J.dpuf”
Not much activity since 2012 when sites seem to have been silenced.
Beneficiary Declaration question…We have been dealing with JP Morgan Chase since the beginning of 2013 when they started foreclosure action. We recently requested the beneficiary declaration from the trustee and it is dated June of this year, just prior to when they re-filed notice of trustee sale. My question is wouldn’t the beneficiary declaration need to have been filed back in 2013? FYI, we are in Washington State.
I only twittered once and now hackers at astoria federal have hacked into my account -they are probably connected to the russsian hackers.
THIS IS A WARNING FOR ANY OF YOU THAT HAVE LOST YOU HOME BY FRAUD AND HAVE PETS. DON T GO TO A REIT THAT WILL TAKE THEM, BECA– USE THE TWO REITS I HAVE BEEN IN ALSO GAVE ME ADJOINING NEIGHBORS WHO WERE ON DRUGS. AND THESE DRUGS ALSO ENLARGE THE DOGS HEART. I DIDN T KNOW TILL THE LAST DAY OF MY DOGS LIFEWHEN THE FELON I LIVE ABOVE — USED HIS ELECTRONIC PULSE AND RUPTURED MY 7 POUND DOGS CORDEAU.
The Animal Hospital saved him but the medicine being so strong destroyed his kidneys. Couldn’t let him be in pain I had to put him to sleep When I win my case I am going to put a part of it into helping save these animals that got caught up in these fraudulent foreclosures .
I’m surviving on KAMA and hope every CEO of all the REITs end up with a similar fate
Of Jamie Diamond.
Marilyn…et al.
I am sorry for your loss..suffrage…situation. I know you hurt today…like yesterday. ..and tomorrow it will hurt too….but hopefully (read: full of hope) you will begin to ‘hurt’ less. As a K9 ♡r…know that your partner got caught up in a mess…an innocent life lost to corruption. I went through this too w both my champion labs…both now in the ground…5-7 years too soon. Stress causes cancer and cancer kills…2 legs or 4..
Please have your veterinarian document his/her findings. These can be added to your ‘jury’ trial docs…exhibits. Document it all…as bizarre as it may appear…even the psycho neighbors w ray guns…all of it.
There are forces at play under the surface…powerful shifts occuring…counterbalancing this pain we are feeling. When the perps do their walk.. I will be there w bells on….I will sear my pain into their hearts just as they did to me..my fiance…my dogs…my family….I must return their darkness…shed it from my essence…it is not mine. Return to sender as it were.
Keep a light on for hope…the Truth…the blowback…it will be a fantastic day and it is on order. We shall overcome. We will bite back….for those who did not deserve this horror. Ps…my ‘bite’ is lethal….just hang on. Never give up…never…ever…ever….
♡@godspeed
Tricia there is a class action lawsuit
Against nwts brought by a vietnamese
Attorney in seattle you may qualify
To be in it the suit is for nwts fraud i believe
I know the plaintiff
Regards
David
Don’t get much of a chance to buy the LA Times these days but seems like when I go to the library like today the headlines just jump out at me.
One from 7/28/14
Gov Brown trip to Mexico with Lobbyists
From yesterday 8/8/14
Mid Wage Crisis
Equity Loan Defaults Likely to Rise
New Dynamics In Housing Market (“rebound effect” fading, will NEED JOBS etc)
Costly Housing Seen as Threat (CA inexpensive areas on par w/ TX expensive areas, CA expensive areas reaching $1 mil median value, BEYOND REACH of AVG Californian! duh!)
Fannie, Freddie report profits (fully repaid govt aid when THEY WERE RESCUED in ’08)
Charges Grow Against former CalPERS Official (pension fund fraud)
Please sendme an email and we can huddle with me and other
Members of this blog who are goingon with this too
I was banned from the mdlsuit by kellerrohrbach.com in seattle
Who i told this was going to happen to you before it did
She is your counsel before the federal judge
Her name is gretchen obrist and gretchen cappio
They allegedly sold all out for a court approved 10 million
Dollar attorneys fees and you got a fraudulent loan mod
It is their duty to notify the federal judge in boston about yousr
Situation and get a federal court order to stop it
Under fed reserve regs you probably flunked the rigged
Net present value computer software model done on your
Loan mod
By fed reserve regs chase has to foreclose but the model is rigged
And you can prove that and get your copy of the results
If you buy a share of jp morgan bank stock u can demand
A copy of your entire foreclosure file and npv Model and where
All your payments and eascrow funds have gone
In other words like in my case chase has stolen all your
Mortgage payaments allegedly and i have proof from chase of that
From their wkistleblower employees in writing on chase stationery
And you can demand the amounts and names and account nimbers
Of all the derivative hedge bets on your foreclosure that chase will
Cash in when they foreclose
Uo to 43x the face value of your original mortgage
And demand. Copies of all insurance thst chase has taken out
Out on your mortgage
That is why they are speeding it up
A golden pot of cash and their attorrneys get a triple bonus for
Getting it thru the courts when they take possession of your home
Watch videos of king county videos of chase in seattle court
With chase from stafnetrumbull law firm
The judge states this is civil theft by chase
That is what chase is doing to you
That is called contempt of a federal judge
That is a felony
Regards
David
Write me if you like. blackvan@yahoo.com
I was banned from lawsuit cause i was going to blow the whistle
To the federal judge about chase covering uo 1 million
Frauulent mods by changing all the account numbers and q
Writing new loans without anyones permission with new account numbers
Under guise of a loan transfer
Chase told fed judge they only did 60000 mods of 1 million
Bear stearns loans now being sued by new york ag in new york
Superior court
I have been keeping the attny in the class action settlement informed how the local court here seems to be ignoring that I am part of this class action. I’m sure the judge is not aware but the banks attorneys most certainly are and that is why they are trying to push mine thru because they know I am or should be due some serious restitution for all of chases lies and deceit and stress they have caused myself and many others that were named in this settlement. I also let the florida AG know that chase is trying to weasel out. I don’t know who else
To let know except the federal judge that Made the ruling
Thks David, that will be next if they choose to keep ignoring the larger picture here. The courts in broward I would not trust no farther than I can throw them and the judge on my case has a substance abuse issue and has been busted for several DUI s. It’s just insane. The court system here
Any lawmaker has that power anytime, to guide his future efforts in law review or lawmaking. Any grand jury has that power, whenever they see an enforcement issue. Keep them in the loop, and copy them with all your communications. They have staff people who can read, and they pass on the interesting ones. I copy all my communications to my senators and representatives, even that dude who is currently President. It’s filed somewhere up there, and the next president can probably read too.
Agree David. It is a huge cover up. In florida no jury trial and no court reporter unless you hire one to record all the fraud that chases attnys and representatives will spew out of their lying mouths. They r trying to set mine for trial and ignore that I am part if the mdl settlement. I have the attny looking into my case. I am following all instructions as per the settlement agreement and they are still trying to push the foreclosure because if they beat me to foreclosure they win and I lose any restitution due from this settlement. Received email from AG thanking me for my “persistence” in this. Funny they should use that word because that is all I have ever been with Chase to get a modification Is persistent as well as consistent and just continue to get screwed over by chase and the corrupt courts here in broward county florida
As I shared with you before I sued as a disabled vet those
Florida courts in federal court in Miami fleet for trying to
railroad me in my sons drug case in key west
I delivered it or served it on Florida attorney general in
Tallahassee
That stopped the railroading and coverup of drug ring in key
west high school
So if I did it you can do
it takes five minutes to fill out the complaint
and hit was served on th e judge and I hired a court reporter
Regards
david franklin
I took it lol to federal court in miami m myself
Didn’t cost me a dime as a federal question for
florida violating my civil and connstitutional rights
Sent you an email as I have before but you don’t respond
David
I am still working on my lawsuit and would love to send it out to anyone who may have some input or interested?? I will post it here when it is finished should anyone need some of the issues I learned…This is without a doubt…HELL….elyse@gte.net
I was watching a tv show last night about the Richard Nixon ordeal with the break in of the Democratic Headquarters he planned with his staff and the Senate Hearings that resulted in his impeachment…The Senate and Congress were so hell bent on preserving the “LAWS” that were violated and the integrity of the Constitution, The Bill Of Rights and the Office Of The President, it brought to mind that this is the direction we should be going as well. Does anyone know the process of petitioning for a Senate Hearing just like the one done with all 9 Banksters that were brought in to testify to their wrong doings where they were shammed by some of the Senators about flying in on their private jets in to attend? If there is any connections to Elizabeth Warren’s office in Mass.? She is a Senator that could help us get our findings to a hearing or Commission? The Courts are all on the banks payroll yet we keep going in that direction??? Just a suggestion and any feedback on how to do it would be much appreciated by all….elyse@gte.net
Hammertime: Terrific letter! Very clear and to the point. I speak for readers….thank you for sharing.
Thx Trev, you’re still the Hemingway! lol,,,Looking back a little rushed but we can all do what we can.
Well, here’s another last shot for CFPB, settlements, will hold off on details:
CFPBOmbudsman@cfpb.gov
info@mortgageoversight.com
jsmith@poynerspruill.com
info@jasmithmonitoring.com
Wendy Kamenshine is the Ombudsman for the Consumer Financial Protection Bureau
Dear Mr. Smith/Ombudsman,
I am writing to you to express my concern that the settlements are not being followed by JPMorgan Chase and that the settlements and laws such as the CA Homeowner Bill of Rights are ineffective or are not being carried out.
Settlements are not addressing harm done to homeowners that were actually harmed it appears.
I am also concerned that complaints such as mine are not being taken seriously by the CFPB. A recent
article notes that Chase is only beginning to provide homeowner relief. Yet there were supposed to be funds for legal aid, blight and to mitigate harm done since the national mortgage settlement was in effect. My numerous complaints seem to have no effect on Chase’s behavior and every lawsuit and settlement that is publicized is aimed at investors or government agencies’ benefit.
I detailed various violations of settlement guidelines as well as possible fraud and we are hearing that Chase and the other banks are still getting their credits while there is no mention of their violations.
If my case is an indicator there is extensive fraud that is being missed by the CFPB or being ignored or else the laws have been weakened to the extent that they are having little effect on homeowners that have been harmed. To point to affected areas, modifications etc while dismissing homeowner’s claims is a manipulation in itself.
Chase continues to mislead and take advantage of homeowners with the WaMu purchase and other possibly unlawful transactions. The National Mortgage Settlement should have helped to clarify these issues but Chase continues to ignore guidelines and provide misleading, possibly fraudulent information as my case indicates.
It is difficult to see how homeowners that were actually harmed are obtaining any relief as is claimed.
It appears the very settlements are being abused by lenders such as Chase and local government if my case is an indication.
I have received information from Chase on the purported, disputed loan that makes no sense while it’s representatives seem to have no knowledge of the settlements or the guidelines that were agreed to.
That an average $500 payment from the Independent Foreclosure Review is considered relief, has left homeowners with no confidence in these settlements, lawsuits and their oversight. Besides the ongoing misrepresentation over the past year Chase was found to have corrupted the process as noted in the media and hearings that included Sen. Warren in late 2012 and early 2013, I recall.
Hell yes
Awesome
David Franklin
Thx David our marathon talks are doing something!
I have written all of them and they all stonewalling
and dismiss my complaints
Regards
david
Your email address doesn’t work
tried twice both bounced
please send email to blackvan@yahoo.com and ill reply
Have been petitioning ellen warren and bernie sanders for
months to have hearings about chase mortgage corruption
in their mortgage servixing unit and stealing we and my mortgage
payments to use as personal income and not pay fed or state
taxes and not forward to investors
Even the new York ag office is stonewalli in ng me despite
their lawsuit in new york state court for defrauding investors
in the bear stearns trusts emc chase mortgage
one of those is blacksmith and boilermmakers pension fund.
Union owned and part of ALF CIO
REGARDS
DAVID
WE ARE INVOLVED IN A HUGE FED STATE COVER-UP OF MASSIVE FRAUD AND
WORSE NOW
Hell yes
HOORAH !
Regards
David
Who is Authorized to change the trustee in a securitized loan. US Bank National Association was the Trustee before we went into the Bankruptcy Process. Once the Bankruptcy proceedings started, Wells Fargo’s (Servicer)’s Attorneys created documents to appoint individuals within thier lawfirm as trustees. Im no attorney, but something just does not seem right about that. James 443 677 2799 jsmith5915@msn.com
Not an attorney but they probably can unless you find a problem and they’re not valid. Lots of lawsuits, settlements over predatory lending, REMIC etc you can check out.
I am no attorney either but I am pretty sure that the owner of the note, not just the servicer need to file the appointment of successor trustee. Although, it might also be dependent on your state law. http://www.msba.org/sec_comm/sections/estate/council/utc/nov16maryland_trust_code.pdf
I would also ask the bankruptcy trustee if they can do that in the middle of the bankruptcy, whether you think so or not the bankruptcy trustee is a neutral party. Had a slightly different issue related to Appointment of Successor Trustee and the Bankruptcy Trustee helped resolve the issue.
The correct person to ask is a judge.
Not sure what state you are in ( besides the state of frustration ), but Wells Fargo’s attorneys seem intent of ignoring law and falsifying things, and making misrepresentations – my case is full of it and I’ll be glad to make my entire files and depo’s available to anyone who wants them.
The reason I say a judge, is that we all must DOCUMENT what these B________’s have done and put it into the public realm for all to see, including legislators, regulators, and law enforcement…. and foreign individuals that are working similar problems overseas.
Call a title insurance attorney, and also do your CRITICAL appellate research (www.scholar.google.com is free !).
And when you DO ask the judge ( I love to talk to them, they don’t always love to talk to me ), do it in a way that no matter how it turns out, you have preserved the mistakes all have made – including the judge.
Everyone realizes our legal system has been pretty much DESTROYED by the system REFUSING to follow proper judicial process and Rules of Court and Evidence. Document it.
Let every fact be taken before people who can correct these things eventually – legislators who can re-write things to reverse the wholesale degradation of our, now laughable, judicial system – a tool of crooks, shameless law breakers who damn well know they are raping innocent people and have abandoned the basic tenants of jurisprudence but have the audacity to think no one will do anything about it. YES WE WILL.
I have caught Wells Fargo red handed, and slowly every minute detail of their fraud will come out in documentation before courts and Grand Juries, along with EVERY instance of insider wrongdoing, including that of judges who are in some cases up to their eyeballs in crime, Certainly many, many attorneys are as well.
A Trustee is appointed by someone…the person that appoints them can make changes but it all can be challenged and ordered changed again by a judge depending on the circumstances, but lawyers can not manufacture fraudulent evidence, even though the Florida Supreme Court and legislature has said its OK in a round-about way. To be sure, having ALL parties agree to change a Trustee is the best way to avoid problems, although in Florida surprisingly the BORROWER has to agree to who holds the right to reconvey (3rd party).
Do you have a good Trial Attorney ? I am recommending people talk with APPELLATE attorneys, who know the ultimate requirements and prohibitions. After you talk with a TITLE attorney and research case law, go armed with that to talk to one, who can recommend a skilled trial attorney to motion (ask) the Court to make rulings, make findings of fact and conclusions of law. Wells Fargo probably is one of the easiest to get overturned because they seem to have made so many bold acts of ignoring law and convincing their attorneys to break it.
When I recently sued HSBC, their General Counsel was easy to work with, and actually helped me put the screws to Wells Fargo, as if they might like to get rid of them from the industry. Remember, even Florida’s Court of Appeals has upheld my “unprecludable” right to go after Wells Fargo…and I don’t care WHAT Wells does anymore, I WILL find something wrong with it and point it out to everybody, and ask people in the legal industry to correct it.
By the way, I am supporting Elizabeth Warren for President in 2016. She has the guts of Joseph McCarthy in determination and hot, pointed-sword-like questioning and getting to facts – something our spineless corrupt infrastructure and banking sector tries to bury and ignore. The World Court may have the ULTIMATE say about dismantling the banking cartel, – we have MANY friends around the world our government and banking system have cheated and who stand with us, the ordinary citizens of the world. Broaden your scope in this entire matter, it is NOT JUST OUR INDIVIDUAL CASES…..we are part of a whole, and must work together, as this cartel does so skillfully. Look for a new documentary coming forth from a major network in the not-to-distant future.
Read everything you can on what Elizabeth Warren and the CFPB have and are doing, and what the latest is in each State, judicially and regulatory wise. Also stay up to date on legislative proposals. Each of us should have a first name relationship with staff of our elected representatives and ask for meetings with them – some ARE on our side.
777 ! TKO in the 12th…. nicely done. IDAHO…..your little prince is coming for all the damage done…. 2 houses….6.5 yrs of hell….dirty judgee…complacent AG….disgraceful Mayor…rotten police…. ill stay right here at their jugular until Ithaca and I are made whole…. great news…thank you for sharing…..remember when it was cool to be American. At least we still fight till the end….till the last ko punch is thrown. Grace.
just watched the video….a little verbose. ..like my posts, but hey….at least guys in white shirts n ties w jd behind their name are now seeing the $ in ‘consumer protection services’ side…tidal wave hello. This is thumbs up and all+++. As well…the link was posted/shared here…I would’ve missed it otherwise. Point…sharing a victory and a proof positive example of FL tides shifting is a two-fer….on this lil ol blog no less.
Now the bad news / good news:
bad news first: sounds like ‘settlement’ $s are still getting lost in the Courts budgets…raises…new laptops…new towers of power. …nothing trickles down to ‘us guys n dolls’ *the ghost of ronnie reagan…this will stop….anon is watching and a fracked FL court master service network failure *think Target scandal…even for a week… would causes total chaos….again…this playing w the help money will be halted. Trust me…FL is always doing shady $hit in the sun…..not no mo’.
good news: 300,000,000 American consumers can play that game too….watch when some individual (to be named l8r) decides to put 10% of his/her punis into a private…invite only…AAA Team defense fund…..to help those in need secure a prom date w Justice….follow me….Valory wins jury award of $9 milliion…… $900k (bless her) goes to help crackerjack attorneys win another 7-10 cases for 7-10 lucky fighters….year one.
Each of those in the winners circle give 5-10% back in…to the House….to help grow the Peoples’ Practice…..more attorneys are brought in…a grass roots firm is born….one w a future…a new form of tithing…..for a new tide…for the tectonic shift we are witnessing. Keep in mind….atty fees are also real and in the mix as cases are won…w precedence ALREADY available….so the initial few ’rounds’ of litigants. …those of us holding the bag….suing for $10-$16 million a piece for the hell they served us while robbing us nearly blind….yeah…we receive plenty…feel great about starting the Super Firm….and watch the fireworks from a safe digital distance….FOR YEARS…
When I win my cases….this is my intent for 10% after taxes and fees….hope the logic is sound….
Like in Judo….use the force Tbone…but use their strategy against them….like the 16yr old Massai warrior on his lion hunt….the lion must leap…attack…then FALL onto the spear…it becomes the moment of truth…spears when thrown oftentimes miss..for various reasons. Lions while attacking rarely miss….spear tips enters first (us)…shield is up….let gravity and bravery get us our first major Team win when the C-uh-ohs and the sleazy attorneys they used to molest our Courts fall on the blade..then another…then 000s more in 5-10 yesrs….
We then shower the people w the banks stolen Benjamins. …. let Steve Kandarian…Ringert Law of Boise, Idaho..Jamie Diamon et al….let them play Robin Hood in green tights and pheasant feathered caps….make a sustainable game of it. Reverse osmosis. YOU paid for those shiny new courts afterall…go take one for a test drive…..and win! Then look back…..help the next guy/gal/family/grandparent/disabled Vet over the wall….its wartime kids….and we got em right where we want em….The Story is too important to be lost in dirty court rooms…. clean house. Today not tomorrow as my mentor George once proclaimed.
T-n-T…Graziadio !!! Tutn 6s to 7s…..
Well glad to hear yours has come to an end at long last however speaking for all of us that have suffered and are still suffering thru this homeowner nightmare. No one will ever be able to live their lives the same pre or post foreclosure. The scars of this will long linger in our minds and a lot of us will never return to their pre foreclosure lives. Scars may fade in time but they never go away Tom. I only hope for us that still have a house to fight for will in time see the kind of restitution that you are speaking of. As for me my trust in our govt and their conspiracy with the banksters will never be forgot. I only hope I can teach my son not to make the same mistake as me called trusting your govt. In GOD I will trust
ONLY and I pray for justice for every homeowner that has gone thru all the stress that I/we have
Wife and I executed our Modification this morning with Michael Winston of Carlton Fields Jordan Burt and its being FedEx’d to Wells Fargo who will have it tomorrow Aug 7th. Remember I executed it originally on July 23, 2104, the Court having strongly suggested to Mr. Winston he use his “considerable influence” with Wells Fargo to offer me a Modification and placing my case into INACTIVE STATUS.
This high powered Corporate defense firm was brought in to take over from David Stern and Aldridge Conners, whom I am both suing.
While my foreclosure may be over, my fight to undo the tremendous crimes that has occurred in this national disgrace is not. I am, and will continue, to stand right with you in your battle.
It would be nice that I recover the tremendous injury my wife and I have suffered at the hands of Banksters, regulators, legislators, judges and their staff, and the crooked unethical attorneys that engineered this huge profit maker from the start to the present with this wholesale money-and-property grab that was NO accident, but planned and intentional. It would be even nicer if we get an award of more than our entire debt so we may live completely debt free, owning our home outright and having money in the bank again and able to travel the world and do the fun exploration of life we were doing before this intentional crashing of our monetary system occurred and obliterated my career and life savings I worked nearly 50 years to build, perhaps even getting my radio program back on the air.
I am convinced each of you has been subjected to numerous wrongs and those of you who have already lost property can eventually get them back or obtain substantial damages to make up for your lost equity. If I can be of any assistance in finding wrongs and pointing you in the direction of what recourse DOES work ( with substantial effort I might add ), let me know – ESPECIALLY if you have had dealings with Wells Fargo and/or Americas Servicing Company.
In the meantime, all should watch this wonderful report by our friend Matt about what’s going on now and how the “help” our government gave was to the BANKSTERS and not to US……..its disgusting and repulsive what a sizeable number of our legislators and judges in Florida have done and are doing, and I don’t doubt its happened in your state as well if you live elsewhere.
It would be nice if EVERY incumbent were voted out of office in November and indictments made against banksters, regulators and judges who were in on the heist, the largest financial crime in the history of mankind. ONWARD TO GRAND JURIES !!!!!
http://mattweidnerlaw.com/portfolio/foreclosure-purge-2014/
Yes it takes effort. Nice work! I have now crossed a significant step and filed my own complaint in District Court Western Texas and am docketed with Judge Yeakel. I feel great! At some point we’ll bring in the jury to sort things out…then appeal for whatever mistakes we make…My complaint and all the supporting exhibits are now on PACER ay $0.10/page, still free on http://www.phhmortgagemustbedestroyed.weebly.com
I m going through foreclosure suit in PA w us bank as trustee for wells fargo asset backed securities. Very tough judge. Behind 8 ball. Would u b willing to share any discovery u took? Would b very very much appreciated! ! Please email me at carynmlindsey@gmail.com when u can. Much thanks!
Good for u tom. Keep them on their toes. I’m a part of the chasemdlsettlment which addressed unfair and deceptive practices that the banksters have done and continue to do. Also breach of contract, promissory estoppel. Chase has to make good with the settlement however they r trying to speed up my foreclosure so they will not have to honor any of the terms of the class action settlement. Fortunately I caught on to their strategy and also let the CFPB know of their crap. Hopefully this will stop them now and as per the settlement agreement, we r supposed to get new modification with no delinquency fees added on. We just have to stay on top of them and let them know we r not pushovers. I would definitely not let the fact that your wife is signing a little late be one of their lame excuses not to honor your agreement. They tried some similar stupid crap on me saying I signed modification papers in the wrong last name when all of the paperwork and any financial info they requested clearly reflected the correct last name and they still denied me. How lame of an excuse is that? Be careful.
UPDATE FROM TOM HEINRICH
My last payment in December 2007 has resulted in my now being given a new 5.000% 40 year fixed rate mortgage with am August 1, 2014 first payment date, which I have made.
Because I am no longer in Default, the Broward Circuit Court must Dismissal With Prejudice the foreclosure lawsuit filed against me in 2008 in the name of HSBC Bank USA, as the Court has no jurisdiction.
I signed the paperwork myself on July 23, 2014 and hand delivered it to the attorney
representing the Plaintiff. Although I am married, I had acquired my home years before the marriage and my wife is be required to consent to the encumbrance, no later than July 23, 2014.
At that time she was traveling extensively in a part of the world with no email, notary or international delivery capability. She just arrived back in the States and we have an appointment first thing Wednesday morning the 6th with the attorney for her to sign – who has stated the “lender” may not accept her late signature and wish to attempt to complete the foreclosure against me, which would take my case out of the INACTIVE STATUS the Court had put it in months ago until September 1 , 2014.
As you know, I have extensively counter and cross sued all the players, including the OCC and Florida Attorney General Pam Bondi and the different lawyers Wells Fargo hired to pursue their foreclosure me.
Once signed tomorrow morning by my wife, I will move the Court for Dismissal With Prejudice of the case against me and bifurcation of all the remaining actions I have brought, substituting in a talented trial attorney well-versed and successful in Unfair and Deceptive Trade Practices and various fraudulent billing violations caselaw which seeks damages far in excess of the amount claimed to have still be owing on the mortgage which would more than pay off the relatively small balance should any be found to be legally due.
I am still trying to get my case before Grand Jury. As you know I have been over-documenting everything, and am now seeking Declaratory Relief in U.S. District Court, and even have sued the local County Florida justices over their misconduct in conducting matters, plus I have criminal complaints and a Consumer Financial Protection Bureau case open, and have a production crew ready for my Documentary.
I will advise you what happens tomorrow AND AFTERWARDS – which should get VERY VERY interesting.
Never give up. Find their crimes and bring it to public light, and let everyone know what you’re doing. This is not over by a longshot. I would love to see it destroy the two political parties that have used our government for their personal profiteering and for that we have international support. The monetary cartel must be dismantled, and it will only occur when each of us does all in our power to bring their crimes fully to light.
Any questions or my take on your situation will be welcomed, feel free to email me at reachth at yahoo.
maybe some of you want to look into this.
Wells Fargo Force-Placed Insurance Class Action Settlement – A settlement has been reached in a class action lawsuit alleging Wells Fargo worked in conjunction with companies like Assurant Inc. to increase the cost of the insurance policies paid by homeowners and provided kickbacks to Wells Fargo and its affiliates. If you were overcharged by Wells Fargo for a hazard, flood, flood-gap or wind force-placed insurance policy, you could be eligible for benefits from the class action settlement.
I am asking if anyone on this site could take the time to proof my Complaint that I’ve prepared to file in the District Court in Florida? I am seeing it too much and need an extra set of eyes!! Is anyone able to help me? My email is elyse@gte.net….Thanks, let’s see where this goes!!
suggest you join legal shield formerly known as pre paid legal. it cost 17 to 23 a month and they will assign an attorney who can review it for you.
just google legal shield and call them and you can join on the phone and you have a whole network of attorneys in the provider lawfirm who can help you as well as hundreds of outside attorneys that can help you as well
we are not attorneys here and it is illegal in most states to give you legal advice
regards
David Franklin
Let me guess
So he can do it again bit better this time
Dah
Regards
David
Wouldnt you since u wont go to jail
David why would Foley of Fidelity spend three billion dollars to buy back lps DOCX UNLESS HE HAD PLANS TO — USE MORE FRAUDULENT DOCUMENTS IN THE FUTURE?
right you are David, they got rich by stealing from us
I really think it is the Title Companies and the bad attorneys that profited from this massive fraud that are putting their money and power behind this bill.
They are usinng ourur mortgage payments to fightt us
A classic art of war straregy
Use the enemy’s enwegy to defeat him
David Franklin
Stay focused everybody. The tide is turning.
Homeowner butt kicking video action:
Stafne Trumbull Crush NWTS, RCO, MERS, MERSCORP in King County Superior Court Motion Hearing: Civil Conspiracy Moves to Discovery
by justiceleague00
Reblogged from Deadly Clear:
Click to visit the original post
http://deadlyclear.wordpress.com/2014/08/02/stafne-trumbull-crush-nwts-rco-mers-merscorp-in-king-county-superior-court-motion-hearing-civil-conspiracy-moves-to-discovery/
Washington state Pardo v. NWTS — KingCast Mortgage Movies
http://mortgagemovies.blogspot.com/2014/08/pardo-v-nwts-kingcast-mortgage-movies.html
Wow, thank yo for posting this one. I hadn’t seen it yet. We have been following several Stafne Trumbull cases related to NWTS, Chase, ETC. There was another one not too long ago that a judge called non-judicial foreclosure possibly unconstitutional because it doesn’t allow for due process. NWTS is evil to the core the Law Firm that owns it is Routh, Crabtree, Olsen…often represent the banks…NWTS is definitely not impartial.
Actually, David forwarded to me; he’s knee deep in WA and veteran’s issues.
That’s interesting I recently posted how non judicial has been questioned as denying due process.
If you’ve seen Garfield’s recent post it’s all been smoke and mirrors where banks manipulate the law to their benefit and then say it doesn’t apply to them.
But NOW they want us to ignore every evidence of fraud and abuse that’s a FACT.
I really believe the banks do target areas to steal the homes. Homes where i live are close to the beach and do not stay on theater long once the banks get their paperwork on order but mkt has apparently slowed since investors have bought up and drove prices back up. The house next to me has a disgusting pool that no one has touched for 4 years and when buyers look they take one look at that crappy pool and leave. I laugh but it’s really not funny because of the rain and mosquitoes. The bank is going to lose their butts on that repossession.
Well then again they probably won’t lose since they took out those insurance policies and I have heard they are compensated a couple times over for default and then resale. Their greed is unbelievable
Already signed and told my story on this site. Let’s just hope the money does go where it should, the homeowner
Another chance to vent:
Subject: Join me in telling BofA to settle with America Bank of America is on the verge of agreeing to a settlement with the Department of Justice for their role in peddling toxic mortgages that led to the financial crisis. We need to ensure that relief from this settlement – rumored to be around $17 billion – actually gets to the people who have been hurt the most by Bank of America’s practices. Join me in telling Bank of America: It’s time to “settle with America” and agree to meet with families that they have victimized. We know that when the banks get a chance to meet families in person, it’s much harder to simply dismiss them. Let’s make sure BofA gets the message. http://www.commongoodaction.org/tell_bank_of_america_it_s_time_to_settle_with_america?sp_ref=51341981.122.8779.e.32740.2
jayal 3 i know all to well i started paying on my bill and they still want to take my home these lawyers some of them it will hit them or there kids one day
I contacted attny of chasemdlsettlement today and he is looking into my paperwork for what it’s worth and my attny filed to stall hearing here locally because sheister bank attnys are trying to hurry up and steal my home. CFPB just sent a partial response to my complaint. I will read it shortly. I don’t know what else I can do for now. I just want Chase to know that I am no push over and not going quietly. Unfortunately u do need an attny to play their dirty games back I went to my job to try and earn some money and that was my day. I do what I can to save my house in the morning when my mind is fresh and deal with my job next. That’s about all I can handle in a day. I also have a 17 yr old, 3 dogs and a cat that need my attn too!
Nothing worse than rotten attorneys swore to uphold the law. Hope they are or soon homeless too. I told my ex attny off for all the money they sucked out of me and then turned me over to a collection agent trying to suck more for absolutely nothing. Filed some irrelevant counterclaims when I explained to them from the beginning that chase had breached contract. Completely ignored that fact. Trying to cover up for chase( aiding and abetting). Now the class action has brought it out in the open, but ex attnys had a chance to do it sooner but did not and WHY? I think us floridians know the answer
Hi hammertime
Yes we all have various ways in which we have been scammed by the banksters and that has what has brought us together and sometimes not so together. There r so many ways they have committed fraud thru their web of lies and deceit. In David’s case, when they changed his acct # , that would have been the red flag. It appears his was more blatant For me it was believing that govt would help. The banks and govt are trying to sweep the mess under the rug For me the chasemdlsettlement explains in a nutshell what they did to me and many others. I am sure they did the same to many others as they did to David F. Maybe he can form a class action and get his story and others out there. There r attny groups always looking for these types of lawsuits either way we have ALL had it stuck to us bad and we just have to keep on fighting and not each other cause we need each other in one way or the other.
Believe me, David’s all over it and any way we can help him will go a long way as well as Trev and I believe we have various “extreme” cases here that won’t fit the cookie cutter approach we’re being steamrolled with. Let me know if you need an extra pair of eye balls with your letters. We need to nail down the facts and get through the storm.
Here’s something that may be useful for you Floridians:
“Sherrie provided this for everyone:
Self-Represented (Pro Se) E-Filing
Beginning Saturday, June 21, 2014, Pro Se litigants may choose to electronically file documents online using the statewide e-filing portal. Pro se litigants wishing to e-file must set up a user name and password through the portal. They must agree to accept e-service of pleadings once registered.
Please refer below for an excellent instructional video and training manual on Pro Se e-filing on the portal’s site.
Instructional video on how to use the E-filing portal.
Self-Represented Litigant E-filer Manual.
Should you have any questions or concerns, please call (727) 464-7000 or email us at criminalefiling@pinellascounty.org”
From http://afnetwork.org/
Wow! Did a tornado just blow through here!
Actually, it’s blown through every neighborhood in this country and we have to put aside our differences and start to rebuild. It’s hard to do when you’re still in the tornado.
The lawyers, politicians and the banksters want us to believe that it’s all over and done with like the MA lawyers with the title bill.
I’ve talked to some great broker groups and lawyers that have genuinely been on our side and care about our country.
On the whole though the lawyers, real estate industry helped create the web of deceit and manipulated us and our treasury. Manipulation is at the heart of predatory lending no matter race, income, or profession. We are now a predatory nation and it needs to stop based on the pure facts of each of our cases or they need to make things right. They failed with the chance they got with the settlements and are scamming us again.
I’ve been struck on how stories on lawsuits etc keep saying the crisis started in ‘08. Am I going crazy since I remember trying to get out of my ‘05 predatory loan in late ‘07 but couldn’t get the loan I asked for since Indy Mac, Wachovia, World Savings etc were made the bad guys and were shut down. At the same time the credit scores required, credit cut off occurred virtually overnight.
As David and I were discussing our minds have a hard time with 100+ years of branding that Chase and others used to trust in them and then we were held hostage by too big to fail.
Also remember, homeowners, brokers and even law firms that played the system are IN JAIL.
The confusion over David’s situation reflects as we talked about how we need to stop acknowledging these loans and banksters that we did not have a contract with if that’s your issue. Then you have the bad faith negotiating where we begged tor them to work with us in the interest of the property and our neighborhoods. As banks at least at some level did in the past.
We may have differences as to how to use this board but we have options and we are at a critical point.
For your information Trevor I live in Florida and yes, I know a great deal about John Boehner. Part of the ‘machine’….yeah, right!!! I work on a 2% commission far less than even Realtors. I don’t get raises or have benefits and my income can NEVER increase under the Dodd Frank Act. After fighting from ’06 to ’12 pro se I finally got an attorney from THIS site. Matthew Weidner and do you know what he told me? That unless you flat out have absolute proof of them committing fraud or absolute violating the rules of procedure in this state, you will NOT win. He’s all for modifications which I feel is just another abuse of their power to get around and covering up the fraud. I would NEVER accept a modification. The corruption I spoke about in the Florida court system still continues today and all these wins of lawsuits has not made one iota of difference with the judges. I will post on this site whenever I please and if you don’t like what I post delete it. And just like LMS53 says ‘bring it on with their scuba gear and goggles’ to map out their ill-gotten homes. @ Angel – I did not bring this on, but when someone wants to berate me you can bet I’m going to retaliate. I’m not one to lie down and I’m certainly not a lamb. This site does and has brought a lot of valuable information. In it’s beginnings it was one of the few sites that you could retrieve solid ground rules for defense. However, duly noted that even the attorneys that used to post on this site don’t do so anymore. Ever wonder why?
I understand frustration,& I get how ALL must stand up for your self’s,my point is/was I ….I get ”hope” from sites like this,this is a nightmare I can’t seem to wake from,its shook ”my foundation”& its un-nessasary to plead our case’s to each other,its NOT each other bringing the misdeeds…& IF said so-called lawyer bailed from this site,maybe he/she hands arent so clean,or conscious attacked…could be MANY reasons,we ALL have been steam-rolled/done wrong & HERE I wasn’t alone:-) I wish all y’all Peace,Love,Resolution:-) 🙂
many of the attorneys posting on this site all knew and profited from the mortgage fraud going on. Now that everything is exploding to the surface, they are out of here.
thank you Angel and God bless us all! Bobbi, you more than anyone else.
yes,after all that Chase has done to me, what better way for them to receive a house they stole than with some goggles and an air tank! it would serve them right. Bring on the raging waters while we continue to fight.
Wow y’all:(:( were all fighting the same demon,& 2turn on one another,Demon wins!!!!!!!!a lot of us NEED this site because of knowledge by others going thru-it…….BOBBI….to question in such a manner results in NEGATIVE,why…its our daily struggle & already EXPLAINED to deaf ears,BANKS/LAWYERS/ETC…..this site brings hope…..KEEP IT THAT WAY:-) 🙂 🙂 🙂
Bobbi…why don’t you stay off this site….the fact that you are part of ‘the machine’…well…it makes me wonder….the ‘gobbely goop’ or noise…actually has info embedded in it….clues…hints… we are at war…we lost our roofs…WE are fighting for you too…but please…take your ‘brokerage’ fees and post somewhere else. . . you are not ‘getting it’ so to speak… Florida…the State that stole the Pres election…. the good/bad news about FL is that w tidal rise….hurricanes etc….I would bet there won’t be a pan handle left in 5-10 years…nature wins everytime. Can you ‘Pan’ Handle that truth…..yeah….I blame Jobn Boner….crybaby traitor…ruined The Party….not the GOP…the other Celebration. But you wouldn’t know anything about that would you…..
Yes Bobbi the courts are corrupt and how well us floridians know this. I watch what my attny does like the back of my hand. If albertelli gets their way. They will steal my home away
Since I am on a rampage I’d like to mention just a few other arenas of fraud being made by so-called everyday people like worker’s comp fraud; unemployment benefits fraud; disability fraud (oh, that’s a biggie); food stamp fraud; medicare fraud just to name a few. It’s all funded by all the other hard-working individuals via taxes. Nobody cared about how that affected pocketbooks! When you talk about mortgage fraud, it’s just one more to add to the list. My own foreclosure was from fraud on the legal side where the note was lost, then found (ha-ha) and suddenly an assignment from a non-person appears. So it happens to even the unsuspecting and knowledgeable in the industry. Most of why we don’t win is due to the corruption of the judicial system and that’s where we need to start. Winning for one is great but it does not solve the problem and the shortage of having enough money to spend to defend ourselves against them outweighs the conclusion. Turning the tables and making our representatives take a stand against our current judicial system along with the ‘wins’ is going to keep this country from falling down the sewer. We have become lazy, lackadaisical and self-centered- lambs led to slaughter. We have so few good attorneys now who are not afraid to stand up. I search for truth on sites that can help; not meaningless goobly-gah. Normally I don’t post on this site unless it is for useful information or to provide some help to another. Unfortunately, this has become more of a social gathering site which must be so disappointing to Redman & Epstein. I don’t have the time nor energy to waste.
@ David – you can object all you like. I’m not in Oregon. I’m in Florida where we are subjected to very intricate licensing requirements. I am a fair and honest broker and my reputation for that is what kept me in this business for all these years.
@ Trevor – Yes, and I’m still in the business BECA– USE I did not take advantage of people nor put them in programs that were predatory or discriminating or that would take them down the ‘yellow brick road’ to nowhere. Let me tell you something, if ever the government puts enough restraints on the brokerage business to the point that it disappears then you ALL better watch out. The big banks (for the most part) are no longer in the brokerage business and most of them have all but closed their doors on that arena. Want to know why? Because it was the banks that got greedy in the brokerage business, came up with all these screwy mortgage programs for easy money and quick turnaround. They knew exactly what they were doing and they didn’t give a damn who got hurt. The only factor that played a part was the enormous greed that consumed them all. Now as the tables turned on them and the Dodd Frank Act went into play, they don’t want to conform to the rules. Exit all brokerage business is now their main purpose and it’s because they would have to obey the rules like the rest of us have all along!!!!! I make a living like everyone else and I work damn hard at it. I started working in the industry at the age of 17. I am a single mother who raised my children alone. I could not afford to send them to college and so they put themselves through college using student loans and grants. Don’t go slamming someone you don’t know or putting a label or blame on an industry that you know nothing about. And as far as the brokers out there that DID promote those programs well, my friend, I can tell you they were more than quite convincing on the disclosures. It would have taken Einstein to be able to read them, understand them and then convey to a customer or home buyer how they worked. As long as the economy was working smoothly they worked fine and that’s where the problem arose. It WAS NOT the mortgage brokers who brought about the financial crisis by any means and I’m really quite tired of those pointing fingers who most of the time are just ignorant of the real facts. Wall Street working in conjunction with the TBTF entities along with the rating companies put this crap on the market for a quick buck. They were rated AA+ under secondary marketing ratings which was a great appeal to mortgage brokerage firms and lenders. Little did they know that the ratings were a scam and so they proceeded to market those products.
In the end, if the brokers disappear you will be held captive to the TBTF with no boundaries and no regulations, no rules. You will have no control and we will become the ultimate communistic state.
In final conclusion, I object to ignorance. Those home buyers who got those goofy programs were just as greedy as well. Getting homes based on fake incomes because they never reported all their income to the IRS or worked under the table or buying a home that they couldn’t afford a year earlier but now they can yet their income stayed the same. Some of this wanton greed goes in all directions. Want to know where truth lies? Read. Read. Read. Never sign your name until you read.
Capitalism without regulations and Regulators is much worse than communism….we are seeing end of one way and the beginning of a New Way. Thank you Bobbi for being one of the honest/good ones…..there were no many. Maybe you can help this board w insider info….about what reallllly went down. Be an expert witness to Floridians…..why???? BECA– USE you know how the engine works….the stuff behind the curtain. . . I am disgusted at the molestation of my Courts…..sham….so yeah….you help 10 Florida survivors….tell them the weakness of the banks….the ones who put a roof over your head….I screamed bloody murder for years…..everyone laughed. Now its not so funny…..yes w a phone I can run the show….call it AI….somehow my prayers are being answered….so Ill keep asking the Angels for help….here and ‘there’…..maybe Bobbi…maybe you know a rich Floridian who has enough fn money….maybe he/she could sponsor a JD A Team…..to help others….victims/survivors. ..I care not what you call ‘us’….thinkaboutit…..breathe….no one hates you….we all deserve a fair game if we are being asked to play….the game is 21….not 22….or 27….or whatever the Banks want to play….you can’t change the rules mid game right???? Thats cheating…and cheaters never prosper (3rd grade lesson).
Chasemdlsettlement.com
Bobbi it’s chasemdlsettlement.com
Thanks!
Bobbi…you asked about David’s sitch, its like this:
Suppose you buy a new car, a modest mid-size..say $33,000 out the door…you take out a loan…drive off….enjoy the car…make your payments…everything is fine….until..
The Dealer (think chase/jp et al….the ‘crooks’) decide they want to steal back the car….bc…well start telling lies….like ‘you bought a Lamborghi w floor mats and a custom sound system….you owe us 3X your Impala payment…..and you made your payments late’…’and we don’t like Veterans’…..
You’re like….’FY….I bought the Impala….there is no Lambo…Ive been making my payments…in full and on time..on the car I bought…So yeah I have a loan with you…I just don’t have THAT loan with you…no one does….its a ghostloan…a figment of the Bank’s disturbed mind….another fn lie!’
Did I get it about right Dave?
Trevor – Since I am a mortgage broker and have been for 44 years I am fully aware of how mortgage programs work. (though I did NOT participate in those wild programs in the early 2000’s). Anyway, the only way a mortgage can change is if he was under one of those programs where the rate changes, the payment changes (variable rate) or one of those pick-a-pay loans that ultimately took a borrower into negative amortization. If he was under one of the pick-a-pay and he only paid the principal-only payment there was a 5-year cap on that and then the mortgage would revert, adding back in the earned interest to the principal balance thereby creating the negative amortization. Otherwise, if he got a ‘vanilla’ type loan (Fannie/Freddie) with a fixed rate nothing can change except escrow payments if they were part of the monthly payment. Chase, WAMU, World Savings were all well known for putting out those programs as well as all the sub-prime lenders that were once out there. So when he says he made all the payments, I just wonder if those payments were actually principal and interest or if he had an actual fixed rate mortgage.
Bobbi…44 yrs as a broker…wow..are you beside yourself this week or what??? I mean the banks…mortgage execs et al. will be falling (are falling…) and the sky is still standing….what gives? $16 million here..in JURY awards..$17 billion there in penalties…criminal complaints filed in every of our 50 Ststes…arrest warrants issued by QE7…what’s QE7 you ask??? The final quantitative easing….the crescendo…to this commedy of errors…like when the tetherball spins to the top of the pole…pauses…stops…then spins the other way. So yeah…I hope you go without investigations….subpoenas. …etc….simply put…I HOPE YOU didn’t contribute to this..our Country’s collapse….I hope your ethics were never compromised…I hope you did not partner w the devil/saturn so to speak…..I am sure you are honest….but 44 years….good grief!
so if I had not been abused by FretLife….American Home Mtg…Chase….and a dozen sleasy RICO companies…call them satan’s little ‘helpers’ along the way for 70+months….since 2006…then I would buy your argument that it was simply just a miscommunication on the ARM and the amortization mischief/creative calculating so to speak….I would say Dave maybe just did not read the fine print….HOWEVER….after talking w Dave….I think it is more along the lines of the Impala/Lambo scenario. I wasn’t trying to insult you or your industry. …but sir….the Mtg whores sold out America…..fracked our FDIC Trust….made us hate our Attorney Generals (idaho…duuuuuuh)….Judges….Prosecutors. ..Police Chiefs…..they whored out everything We the People stand for….glad you got yours….I earned mine the hardest way….then got robbed….twice….raped of my shelter…my home….my peace of mind. Yeah….mortgage brokers…agents (real estate and otherwise)….they got into a feeding frenzy, a gang rape mentality…now they (and other untouchables) are being attacked….so that our once Great Nation…our ‘rome’ has a last chance to avoid collapse…..and yes….ets are behind the scenes. …and like Tide tells us…it all shall come out in the wash…..(insert 8 more quarters for another cycle). I type this from my moving van….my new home….and no…you don’t need an mba to rent a van….you do need credit to buy a house….fk FretLife and Judge Bieter….they knew better because I told them…..in person.
Watch how the CIA crumbles next month w the US Senate’s 6,300 torture report….watch also how global ‘big hitters’ begin to battle the NY ‘fraud’ Giants….David and others have led them…the guilty ones straight off the edge….call it the Justice Buffalo Jump….the counterbalance…the Shift…..it does not take much to pop a huge Trump style ego…just a sharp pin will do….PoP!
I cheer the New Age….I cheer thr cleanse….arrest Steve Kandarian and DB Diamon….if I were your Pharoah for a year …even for a month….I would build a pyramid and invite all the 99rs from NY to CA to come watch the heads roll (or bounce) down the steps….and into a basket. So that it never happens again….ethics matter Son. 777
I object to Bobbi comment the state of oregon banned my mortgage broker
for life for writing predatory loan to disabled veterans like me
and lying to a me about the loan terms like balloon payments
And hidden undisclosed loan interest charges in non complianc
With TILA and Respa laws
He by law will never write a predatory loan again to a
disabled veteran
Regards
david
HA! After making my ‘PoP! goes the weasel comment about The Donald (how’s my hair…all four strands) Trump….I open the paper to AP article…Google Vera Coking….you Go Girl….awesome. She fought on principle till she was 86…♡ it.
Well almost chase charged me ten grand for a loan mod
then tried to foreclose then wrote a new loan without me applying
for it and then tried to foreclose then started extorting me
to pay double and triple mortgage payments for the same month
And now chase whistleblower employees have sent me docs
showing they have stolen about 100000 grand of my mortgage
payments to pay for their 42 billion in legal bills
regards
david
Hi Tricia
No to nwts not yet
Chase cant seem to figure out how to foreclose on me wince i
Never applied for this loan and Ive never missed payment
I have to keep paying until i get a judge order to stop paying
As to stafne trumbull they refuse to help a disabled vet by the us vet
Administration who doesnt have a lot of money for
Never ending medical bills
Regards
David Franklin
Im currently being extorted by chase to pay my mortgage
Payment for same month and year two and three times,
So far they have allegedly extorted me for over 100000
Dollars
Regards
David – I can’t figure why, if you never applied for a mortgage, why are you making payments? You mentioned that you have never missed a payment….and by all counts by making payments you established that you owe a debt. Am I missing something here?
David, if you didn’t take the loan out have you considered the fact you were a victim of identity theft? I would think that Chase would have to have papers with your signature on it for the loan. I am so sorry that this is happening to you. We also tried contacting Stanfe Trumble about help but never heard back from them. However some of the information coming out of their cases is pretty helpful. I have gone and stood in front of one of our local Chases a couple of times with signs protesting all this stuff, but one person sometimes doesn’t make an impact. I get people honking and waving in support but not much else yet. I would have been out there more this week but it is to dang hot here.
More DOJ lawsuits against the big banks coming. Read today on cnbc website. Just have to keep the faith. I know we all have our individual battles to fight us everything else we have to deal with on a daily basis. Praying for us all. All the theft they have done will come back to them and hopefully in time where we all can see some justice enough that will put our weary minds to rest
a little tip on another scam
uscourts.gov
THIRD BRANCH NEWS
uscourts.gov | court locator | news
Public Alert: New Juror Scam Seeks Personal Data
Juror Scam
A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts.
According to the Administrative Office of the U.S. Courts, citizens received emails claiming they had been selected for jury service and demanding that they return a form with such information as Social Security and driver’s license numbers, date of birth, cell phone number, and mother’s maiden name.
According to the email, anyone who failed to provide the information would be ordered to court to explain their failure, and could face fines and jail time. The email also falsely claimed that it was affiliated with eJuror, an online registration program used in about 80 U.S. court districts
my answer to chase when I disputed their response to my uscfpb complaint
chase sends me these worthless responses either written by personnel who don’t know what they are talking about or by their attorneys in toilet paper white envelopes from gahanna ohio where chase oH4 is located.
addressing issue should mean that it is resolved to the satisfaction of the client or customer not chase’s version that they put some words on a piece of a paper while they steal my mortgage payments to pay their attorney fees . that is almost $ 100,000 so far and counting. this mortgage is one I never applied for and there are no loan docs for which chase originated without my permission. and I can prove it. I have talked to other chase victims . it is all the same story . harassment, extortion, grand larceny forgery of documents and continued false information from chase employees who are ordered to perpetrate this continued fraud. we will see all of them in court along with mr kevin watters and mr zsarro of the default management group. this crew at chase is the largest allegedly ongoing criminal operation on the planet. and that includes their corrupt attorneys that have milked this bank for over $ 40 billion in attorneys fees. this whole operation is driven by the quadrillion dollar derivate hedge bets on the mortgage servicing rights. chase just got nailed in the chavez vs. jpmorgan chase for fraud like being perpetrated to me for chase attorneys alleging they owned the mortgage but they do n ot and chase and their attorneys lied to the judge and the jury . and their arrogance in the yuba ca case cost them big and then another case cost chase $ 15 million for defrauding the homeowner. chase has crossed the line and so have their attorneys into the realm of criminal misconduct and their day is coming . the criminal case against chase is sitting in the U.S. attorney’s office in Sacramento, ca. being suppressed from going forward and their over 25 public organizations that filed a petition with us atty eric holder in reference to the $13.5 billion dollar judgment.
this response is worthless just like all the envelopes chase sent me from oh 4 with a fake phony return address on it and all chase execs do is hide behind their attorneys and employees issuing un signed by any chase exec documents. chase attorneys are so dumb they cant even coordinate with chase whistleblower employees who have sent me documents refuting everything written by chase attorneys in these uscfp complaints. when I attend the next jpm chase stockholders meeting i am going to propose to clean up this fraud and racketeering mortgage organization and fire all of their attorneys and stick to them with no payment for giving in adequate counsel to run a criminal mortgage organization to defraud and extort me and the American public
david franklin
David, I am just curious, I think you are in Washington State. My question is are you also dealing with Northwest Trustee Services? And have you seen some of Scott Stafne’s cases out of the Seattle area against NWTS and Chase. He has also been fighting some of the other Big Banks.
Yup, the cash is flowing all over the place except to those harmed.
Interesting, just had article on this case sent directly to me on BofA Hustle exec, no source Google to verify
“Bank of America has been ordered to pay $1.27 billion for ‘Hustle’ fraud.
A federal judge on Wednesday ordered Bank of America Corp (BAC.N) to pay a $1.27 billion penalty for fraud over shoddy mortgages sold by the former Countrywide Financial Corp.”
“Rakoff also ordered former mid-level Countrywide executive Rebecca Mairone, who was also found liable and was the only individual charged, to pay $1 million, citing her “leading role” in the fraud and calling some of her testimony “implausible.””
“The case centered on a Countrywide lending program that ended around May 2008, and which was known as “High Speed Swim Lane,” “HSSL” or “Hustle.”
Investigators said the program emphasized quantity over quality, rewarding employees for producing more loans and eliminating checkpoints designed to ensure the loans’ quality.”
“Bank of America has said no penalty was justified, and spokesman Lawrence Grayson said the $1.27 billion award “simply bears no relation to a limited Countrywide program that lasted several months.” An appeal is possible, he said.”
“According to her LinkedIn page, Mairone, who now uses her maiden name Rebecca Steele, recently started her own firm after working at Bank of America and then JPMorgan Chase & Co (JPM.N). The government had sought $1.2 million from her.
“Rebecca never intended to defraud anyone and never did defraud anyone,” her lawyer Marc Mukasey said. “Unfortunately, more powerful people chose her as a scapegoat because they thought she was an easy target. We will fight on to clear her name.”
U.S. Attorney Preet Bharara in New York said the verdict and penalties show that mortgage fraud “cannot be viewed as simply another cost of doing business in the financial world.””
Hey David. How do u make a motion to get chase to live up to this settlement. I already made a complaint to CFPB. Thks.
Cant give u legal advice consult your attorney
Or go to http://www.saveourhomes.com
Or google how to file federal court motions
I am not an attorney
Good advice David. Thanks I plan on writing judge this weekend. I have not come this far to have my home stole from underneath me.
It should be in the form of a motion instead of letter and filed
Electronically in fed court electronic court filing system with
Correct case no
That way u get a time stamp and receipt that will stand up
In court
Letters go to trash
Copy to settlement administrator amd your attorney
Is this a good thing hammertime?
If about title bill it seems to be a too big to fail/Wall St approach that for the good of the economy you can’t have people questioning title. In the past it was 20 yr period to challenge and they want it cut to 1 yr and something in between. So depends if you’re a broker, buyer or had your home stolen or you side with banks, Wall St that we need to keep that stock market and poor buyers are the victims. Or something like that. 😉
LMS thanks for the good wishes. I have been up 20 hours a day the last few days hydrating her with an eyedropper but the most important thing her breathing is normal. I have only one more thought about my pressing issue and then i ll only watch the site . Obama healthcare is getting started and if he paid some attention to these loonies who use electronic harrassment micro wave guns , electric magnetic pulses, etc. he would srop many medical crisis under homeland security cause these nuts are a terriorist to anyone with a pacemaker or electrical problems in their body.
that bill is being pushed by all the attotneysr that profited from this fraudulent foreclosure mess and to protect the title companies who will have a lot of payback money.
Here’s something related to the title issue. Decisions being made tomorrow (31st) for MA people it looks like the double talk is pretty amazing.
Almost fell off my chair on this:
“Vetstein and Plymouth attorney Richard Serkey said banks have stopped the improper paperwork that led to the Ibanez decision so homeowners have already had years to attempt to regain their homes. Vetstein said those who have already begun legal action to regain title would not be affected by the bill.”
http://www.lowellsun.com/breakingnews/ci_26235895/multiple-interests-at-stake-mass-title-clearing-bill
I am also going to send a letter to judge stearin David. I am taking your advice. I did try to call the clerk but they did not call me back. I spent all last weekend writing letters to the consumer protection agency so this weekend I will write a formal letter to the judge which will take the entire weekend to compose so I don’t sound like some desperAte kook I have always been trying for a modification and the bank has breached twice and lost paperwork, etc. we all know the excuses they have used for denying us. I would like to set a precedent In fla. My ex attny is also threatening me and I stood up to her. She threatened to “call the authorities”. And I’m not sure who or what she means. She took a 1500 down payment and 500.00 methyl payments and did absolutely nothing. I am putting her on the witness list Because she has my file and it has some damaging evidence against chase and she refuses to give it to me because she is claiming I owe her more money. I am sure they were working along with chases attnys because I showed up to my hearing and I had no representation and when I ask the banks attny why my attny was a no show, I was told that both sides had agreed that they did not have to be there. I had no defense
Working on sending more complaints and writing judge stearn this weekend. Already filed new complaint with consumer financial pb last weekend. Thks too hammertime
Thanks DDave. I hope the attny I have is thinking along those lines too. Right now it looks like he is trying to put together some kind of witness list and do discovery. But the only witnesses so far are the banks attnys and me and I will have slot to say if my attny does not say it. The bank put me on hold while this class action was being heard and then when chase lost, all of a sudden my foreclosure gets revved up and the judge signed off on the date for trial and she is not the same judge. I don’t see how she can set a trial date without having their facts from both sides. It is so rigged and obviously not in favor of the homeowner
Look im not an attorney and this is not legal advice
Go to wwwmdlsettlement.com and printout judge stearns order
Order and give it to your attorney and get him to file with atate court
Judge for a trial date postponement indefinitely since
Judge stearns order says he has taken jurisdiction over your case,if she
Does not submit sue her in federal court at your local federal court house
I did that myself against monroe county state judge in monroe county
In miama federal district court
Now i am totally disabled veteran so i can do it
And you can do it as well
But this is not legal advice
As caveat emptor says lawyers sell out clients every day
Allegedly
Regards
David
David – the posting for the website you mentioned wwwmdlsettlement does not exist. Can you re-post the site again? When I google Judge Stearns a whole page of cases pop up so not sure which one you are referring to here. Thanks.
If they don’t know of the latest judicial precedents, you might make a motion for a short 30 day recess so that your opponents and your judge (don’t insult the judge, he has clerks that help him keep informed minute by minute) can familiarize themselves with Ocwen, Chase, Bank of America, etc. possibly confer with your state Attorney General who signed these recent judgments so everyone could have the same clarity of purpose, then reconvene with a better understanding after everyone had had a chance to read and absorb the judgments 🙂
Hammertime what do uean we have until the end of the year with these settlements? I am very concerned. The banks attorneys have set a trial date and the judge signed it. Obviously the judge does not know about the chasemdlsettlement. If the bank forecloses before I get modified. I’m out and the bank knows that too so that is why they are pushing the foreclosure.
The federal judge in boston has jurisdiction
Over your mod and foreclosure ban
Under the mdl settlement not the state judge
contact judge robert a. stearns thru the mdl settlement
Administrator in rhode island
Regards
David
My understanding is you can make complaints to AG, CFPB etc over violations of the standards and improvement of process, mitigate harm done that was the purpose of the National Mortgage Settlement. So not just matter of the $300 payment people got last year. I would look at whether their foreclosure is valid, once again and question everything according to the settlements which is your homeowner bill of rights – dual tracking, single point of contact, valid transaction, chain of title etc. They are getting credits and are trying to get a clean slate. Not at home so review what you can. My complaints to CFPB regarding settlements, HBOR have helped me to stop sales without a lawyer and resulted in evidence. I also copy local officials etc as we’ve talked about.
Good luck and don’t let him bully u and ur dog
I.m rereading your comment the sadistic one is not my landlord only a downstairs tenant . We have some nice people Sandy victims all people stuck with putting a roof over their head. Very few are not transient I’m here much longer than i planned. The tides are turning.
I think he is on s.s. on i don’t think that can be taken away and shouldn.t be taken away from anyone if they earned it in a working lifetime. I think even in a judgment thay cant touch s.s. I’m not sure .I am not a lawyer. I am an artist, a far cry from what i work on now.
In NY rentals are very tight. I plan to get mine back. it takes fight, documentation and patience.
In NY it is not refundable. I think in California it is. The leases are adhesion leases take or leave it in the landlords favor. and they want the tenants dumb.
I understand Marilyn, but that should just be security deposit and refundable when u leave. but just like all this creative financing that caused the financial meltdown, I am sure they are wording leases in a way that the tenant will lose. you can do better and fight on.
This REIT is a garden complex, one of many wall streeters own and like a lot of REITS take dogs for a fee of $500. per dog. They go out of their way to make you leave so they can get the next tenant with a $500 fee.
So fight on hard.
same in my neighborhood. The reits that bought up the single family homes and rentd them to a bunch of thugs. I certainly would not refer to them as neighbors because there is nothing neighborly about them. these investors do not care, they just care about the income stream and your landlord, is probably employed because he knows somebody
LMS I forgot to mention the guy in the office is a much better quality felon then the sadistic one downstairs.
Agree hammertime. Have to somehow turn the foreclosure into a criminal matter which it has always been. In my case breach of ontract and the latest class action to back it up should be sufficient. Plus I have all the payments I made and all correspondence qualifying and offering a modification. This is criminal and the fact that they slammed me in foreclosure was just a distraction to hide their criminal activity.
Trevor- want to thank you again for giving me the info to reach the Homeland Security site.
If one hears or sees something, one has to say something and to me zapping a neighbor
with micro wave or electronic magnetic pulses is sick behavior , how sick this person is i would think Homeland Security What would be concerned with what lurks behind his facade of a loner
and sadistic person who does such things. It could be more than me and my dog I’m trying to save. .
Marilyn. Just stay clear of that creep. He obviously played on your desperation to find shelter for you and dog. I have not had to rent so I don’t kno what a landlord will ask to qualify a person. I would just change your acct numbers or bank. Pay them with a cashiers ck or money order so the creep will no longer have your acct info. Should not matter how their paid as long as it cashes. And when possible start looking for a place where you and your dog will feel safe
LMS53 I did all those things. When I started to see all the things that go on in the REIT i did all those things. I always gave them bank checks when I discovered the leasing agent deposits all the checks with his smart phone and the banks can Imagitell whose acct it comes out of but not where it is getting deposited to. I ran the leasing agents name thru the internet and found out he has two felonies and later found out it was for credit card fraud
I tried to leave but they have me on an illegal black list and could not find a place with my dog. I am tired with the foreclosures and I definitely was not looking for these issues.But someone broke into my apartment while i was busy at a library with the foreclosure and stole all my old bank statements, all the tissue duplicates of the bank checks, everything with numbers, i and the bank stopped it before they used it but it sure sounds like an identity theft issue. Why would a REIT hire a felon with credit card fraud to take everyone who applies for an apartment their social security number, all financial info not mentioning names this is one of the big REITS
Another interesting link from comments:
“When asked why homeowners even with lawyers keep losing their homes, Bradford gave a haunting reason: “Most supposed ‘foreclosure defense’ attorney are giving the homeowner false hope when in reality their only strategy is making refuted arguments and filing useless pleadings to drag out the inevitable foreclosure. Moreover, these legal charlatans charge their hapless victims tens of thousands for the privilege of losing their home. Unfortunately, legal incompetence is one of the major reasons so many homeowners have lost their homes.” http://www.veteranstoday.com/2012/03/21/mortgage-fraud-examiners-warns/
Some industry pundits muse over whether foreclosure defense lawyers commit legal malpractice by failing to examine the mortgage transaction. Bradford explained the issue: “Bar ethics counsel has made clear that attorneys commit malpractice by failing to examine contracts when there is an allegation of breach. A foreclosure is basically an allegation the homeowner has breached the contract by their failure to make timely payments. The servicer sends a notice of default and accelerates the loan pursuant to contract. Doesn’t it make sense for the foreclosure victim’s attorney to examine the contract and related documents to determine whether the lender breached first, there are any errors that may void it, and/or fraudulently induced the homeowner into the contract? Common sense dictates that attorneys should be checking whether the mortgage is even enforceable before tackling a foreclosure.”
http://finance.yahoo.com/news/homeowners-receiving-multimillion-dollar-awards-155900638.html
Excellent articulation of what I was trying to say earlier, from Garfield/Yuba post:
“elexquisitor, on July 23, 2014 at 2:38 pm said:
United Law Center in Roseville, CA, has had a number of successes in settlements, mostly for loan mods. and the laws have shifted quickly over the nexus of contract law and real estate law. The actions of PHH were egregious and left a lot of evidence behind. Apparently the judge allowed discovery and the homeowner had something to work with. And the jury is likely sending a message to the courts as well as the banksters that they don’t appreciate the clouded titles left behind as a result of CA case law rulings.
I wonder if we are seeing the first judges who see the writing on the wall, just as my case was filed with the CA Supreme Court. And the first judge has already given the borrower the home, so the onus of that ‘honor’ now falls on the Kalicki court. Hopefully that is all it will take to keep the judges from tipping the playing field against the homeowners.
BTW, the count for publication of Kalicki is 18 – 0 as of this morning; all non-party.”
http://livinglies.wordpress.com/2014/07/23/yuba-ca-jury-awards-15-million-in-punitive-damages/
Look at the Yuba case that hammertime posted. This guy had a jury trial and won big
Philip Linza was the PLAINTIFF in this case and he took the case to criminal court; not the same as PHH suing for foreclosure in civil court. He sued them for criminal activity and that would result in a jury trial. Oranges and apples!
Yes, another of the misdirects that judicial is good, non-judicial bad. What good is judicial if judges are corp minded to put it nicely. Goes back to what we were warning folks when this modification settlement was being pushed. Still didn’t fix title etc. What Garfield has said repeatedly and cases that have lost have shown repeatedly you can’t claim fraud if you’re acknowledging and negotiating for a mod or acknowledge debt in the foreclosure and don’t have specific facts. You’re dead before you get out of the chute, if that makes sense. (time out – just my understanding, not legal advice) That’s where I haven’t budged with JP MORGAN Chase for 4/5 years. Now, have they committed fraud on top of fraud by not honoring settlement, and the mods in the first place? Just like they haven’t honored nat’l mortg settlement I wouldn’t be surprised and neither should anyone else. The Kalicki case is 2/3 years old! If I don’t know who has authority betw Chase Bank, JP Morgan Chase, Chase Manhattan, BofA, New Century, WaMu IN MY CHAIN OF TITLE, why would I accept a mod that they are trying to shove down my throat which has a bogus requirement to boot? And they said they were forgiving $500,000, NOT a misprint. I hear the golden gate bridge is for sale. On top of actual fraud the Yuba case jury nailed them on their arrogance so keep documenting and making complaints.
We should be entitled to counter Sue and ask for damages. Former attny counter sued and in their counter claims demanded a jury trial and for attnys fees and I am hoping the attny I have now will raise those claims again. They were dismissed without prejudice. Meaning they can be raised again, but now that a trial date has been set, I fear it could be too late to raise them
I would look at Kalicki case. There Chase, not a small? mortgage co like in Yuba, was caught claiming a WaMu loan was theirs and they were found to commit fraud with false documents. Again though you have to look at the facts of your own case but now they can’t say it’s our wacked out imagination.
florida is one of the most corrupt states. at least CA has a bill of rights for homeowners. I am going to inform my attny that I am not waiving any of my rights and see what he says. MSN just name florida 10 of the 10most corrupt states and I believe it.
Bill of Rights or not we have to keep questioning until we end this. The lawyers, agencies, non-profits in CA are not enforcing them per my experience but I still have them to stand up to them. You and anyone with a Chase, Wells Fargo and other loans in the settlements also has them at least until the end of this year. We have to push to demand they be upheld. Go to the file sharing site and you can download the settlement or go to the national mortgage settlement page.
yes it is probably one of the many deterrents they will try and distract us with
I have an attny. How do I inform him that I am not waiving any of my rights. He is not responding to me and today I wrote to him to ask him about his strategy and ask him how we can turn this foreclosure case around to what it should be, a civil case for breach of contract against chase. I am very concerned because they set a trial date and it’s says a non jury trial. I have never waived my right one way or the other. I have been pro se up until they sent a notice of setting non jury trial which they never informed me of a date. How can the banks attorney just send a notice like that. They do not make the decision that it is non jury
Hopefully a fellow Floridian can answer, have you tried jurisdictionary? not endorsing but seems like these are the types of questions it’s good for
https://www.jurisdictionary.com/bluepage/?CFID=7416202&CFTOKEN=87927272
LMS & everyone else here questioning jury trials: Read your mortgage. Fannie/Freddie mortgages as well as most others, have a caveat in there that states that you ‘waive your right to a jury trial’ so the minute you signed that mortgage, you already waived your rights. No foreclosure (at least in the state of Florida) has a jury trial – those are only warranted for criminal cases. You really think the biggest insurer and investor of mortgages throughout the USA isn’t going to cover their arses? These Fannie/Freddie forms were revised throughout history and more recently just BEFORE the financial crisis hit. Think they didn’t know what was going to happen? Gangsters, all of them! Not just Wall Street and the big TBTF banks but the Federal Reserve and Fannie/Freddie. And they took your tax money via the TARP funds and still screwed you! Get off the kick for jury trials….ain’t gonna happen!!!!!!!!
All court rules provide for jury, unless both parties waive that right. You are the party that does not waive that right. A jury is required for precedent setting argument, and lack of a jury is grounds for appeal and reversal. If you waive the jury, you are unable to appeal on that point. Without a precedent setting argument, an advisory jury is empaneled on request of either party. The judge can still make a judgment, but you can appeal if advisory jury does not agree with judgment. Your judge is corrupt. It is readily apparent with a statistical analysis of his judgments. The best info on juries is in Blackstone’s Commentaries, amazon.com, 2800pp. or on bettermarkets.com. The legislature has written some unclear legislation in Dodd-Frank, and the enforcement arm of government is obviously uninterested. Our only hope for redress is judicial. If the judges are corrupted, you need a jury. Get one. Juries are not bound by precedent. They represent the interest of the community. They are allowed a great latitude in considering effective redress and punitive actions.
Great info. This is along the lines I’m thinking and how the Homeowner Bill of Rights in CA requires us to think out here. Not legal advice but the law is set up so you can’t sue for damages unless a sale has gone forward. At least not the damages associated with the new parts of the law. The settlement post, monitor response also shows the distinction between civil damages and personal actions.
thanks Trevor, before you gave me the connection i pressed in Homeland Security – and nothing came up- how many ways should one have to GOOGLE HOMELAND SECURITY THAT THE COMPUTER RECOGNIZES WHAT YOU WANT?. waiting for return of my stolen proper I am becoming toast (burned) by a microwave gun LIKE CHRISTINE says.
for what its worth someone else said it. I heard it thru the grapevine
It’s what’s called a wedge issue, it’s just taken a bizarre turn this time around. What scares all the elites in both parties is if we focus on our foreclosure nightmares and make them all account for all the trillions Wall St and their allies in govt took away from US. If you put a fraction of the trillions into our neighborhoods, our businesses and in our hemisphere would 50,000 people somehow have snuck up on us? Doesn’t make sense just like the fuzzy math of how we bad homeowners destroyed the economy and somehow lost our values from the good ol’ days.
they are going to train them to fight us. why are so many coming here. they are the next gangs to further destroy the USA.
Paranoia will destroy ya
Hammertime, be very careful about using the word ‘paranoia’ on this site……you’ll get lamb blasted! Paranoia???? Are you kidding…there’s no such thing as that here…LOL “They” are here, “They” are watching, “They” are here to destroy us, “They” are responsible for this and that. Who is ‘they’? Sounds more like that Geico commercial on TV…or the Orsen Wells radio broadcast (War of the Worlds) that everyone thought was REAL in 1938. Well….stupid as as stupid does.
I think LMS has real questions and you have given great information from your experience. I hit the wall a couple of months ago and wondered if up was up. That’s why I hoped that people would post their docs in some form so we know that we’re working with real people and real information. Some people are also under great duress and it spills out on screen which is the greatest crime of the abuse of these lenders and elites in both parties and in all branches of the govt. But I think we are at a critical juncture and people need to step it up and focus on what’s important. We need to put aside our personal, cultural, political and any other baggage aside if we have a chance to make things right for our country and not just ourselves.
Dave took some quick action on the settlement post and actually got a quick response. Some in interesting info that we can review. Here’s the link to the response. Will need to register/login to download. Can review comments.
http://teamup.intelspace.biz/dolph/m/files/view/MortgSettlmentResp
How do you know if you are waiving your right to a jury trial. the local county court isso corrupt. they are going for summary judgement. I had to get attorney, but don’t trust himher. not returning phone calls and needs to turn this around from a foreclosure to breach of contract
I ended up living in a REIT with my dog and have a whacko felon living below me with electronic guns, ADS aqctive denial system and electric magnetic pulse and he keeps zapping me and my dog and we are both getting tortured and sick.
Then call the police and file a report!!!!!! Homeland Security is not going to help you with a nut-case neighbor.
they’re a scam. Go to PBGC first. To get to a jury, merely don’t waive your right to be judged administratively. For new law, a jury is a reasonable request. For administrative law, due to the obvious corruption of the judicial branch, an advisory jury is a reasonable request. Address your plea, and all your documents to a future jury of your approval.
Good Luck with getting any jury anywhere!! If jury’s heard and saw the fraudulent foreclosure practices we are alleging, this hell would be stopped! No Jury’s are ever used in these unlawful procedures!!
Hi Angel, sorry I don’t know about them, could be just a site looking for money. I think I got something too but ignored it. don’t pay any money.
How do we get this to a jury? that’s what we need in florida. that’s why that case was a win for him
A jury of peers that hasn’t drank the kool aid and a judge that cares for his/her country and justice.
Hello yall:-) i’m still battling chase,my Question is,The Home Defense Network,,,are they friend…..or Fo????ANY INFO ABOUT THEM will help us determine speaking with them,THANK U,in advance,Angel
If that pic isn’t Rick Fox formerly of the Los Angeles Lakers try him out. Have you ever put details of your situation on here? Give them a try but don’t sign anything and let us know what they say. Usually they’ll discourage you from taking legal action and push you to short sale or mod so depends on what your goal is and if you want to risk bad title.
http://www.thehdn.org/homeowner-defense-network/meet-brett-robbins/
Angel….I responded just now to Ms. Lane. You may need to scroll through ‘older posts’…in short..if its the 619 area code Co….they passed my test….vetted.
Everyone needs to know what these banks have done to people who have in good faith tried to pay these banks. Chase breached contract with me and 1000s of others and then they slam the poor homeowner in foreclosure and try to make the homeowner look like the deadbeat when in reality they are the deadbeat. I will go to the fbi in Miami, but will they listen.
look up federal bureau of investigation in your neighborhood and walk in. Open 24 hours/day, you can be named or act as a confidential informant.
why do you want to reach homeland security. How can they help us. They are too busy taking care of all those refugees
Yup let’s be a scared of women and children…just in time for next elections.
how can one reach homeland security
Chase, settlement complaints? Have at it here
http://dsnews.com/news/07-22-2014/jpmorgan-begins-offer-homeowner-relief?utm_source=DS+Weekly&utm_campaign=b417b7caf1-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-b417b7caf1-175422189
how can one reach homeland security?
https://www.dhs.gov/contact-us
Everything alright in shadyville Ms. Lane?
Trevor…do u have any feed back about an email I keep receiving,The home defense network..searching for victims of mortgage servicer abuse…are they an Ali or another scam?
Ms. Lane….here is my report on the San Diego based Co…as you may know there is/was a co using the same name. …they were reported and are likely being shut down….or have already. The 619 area code IS a friend….I just spoke w the owner/principal and was convinced….they are a Service Provider and have a pulse on the trends…even the new ones *wink. He said a debt consulting guhru once investigated 700 firms in 14 years….he said the researcher told him that he was one of only a few trusted….I believed him…so if you’re looking to report a scam….the SD co is not the ‘bad’ guy…if you’re looking for options….I would call….what harm could it do. We had ‘the talk’…..pause….12 minutes worth…..maybe he will cut you a 4closurefraud discount?….No…I am not a paid actor….I just help and upset people on the internet when my Cricket phone/computer is paid and on and working…..im passed due and should have no svrc tonight so perhaps you were supposed to read this….. that’s all folks!
Angel…you by now realize that the HDN opinion was for you….Ms. Lane should know that ‘they’ in San Diego have direct (read: strong ties to the legal community. …those who now ‘get it’…ties now being anchored in truth (real judgments/awards) v. fiction. I think a CA based firm would be ideal…the big ones know the score and have advance knowledge of the color wheel spin from red to purple..being a tidal community they also understand the concept of tidal waves/shifts….sometimes it just works out….sometimes you either change or die…or like the vatos of east l.a. would say ‘get eeeen…ride or die homey?’…. by this I mean simply that the times are changing at lightspeed…lawfirms will either change/ride (support the underdogs) or they will die (become We the People fodder/chum)….the magic numbers tonight are 180….as in real estate lawyers/firms nationwide are spilling their starbucks and throwin’ her in reverse….turning 180 degrees…on a dime (with Flame still burning)….6s —> 7s…then 7$$$$…
Hi David f. Glad to hear chase stopped harassing you. That is illegal anyway, but that is illegal as a “debt collector”. Did u c hammer times post about The case of modification Fraud. We just need to hang in. I sent complaint to Chase about them not honoring the latest clas action that Chase lost. As in thAt case that hammertime posted, Yuba or something similar case, WE the people have had enough of these banks crap. The guy won 16 million with a jury trial. Some how these case need to be in front of jury’s to be decided and then the banks would stop their lies and deceit
I am trying to channel the ‘collective chatter’ on the Fairways today:
‘Jesus Tom…you sure are playing a lousy front nine, everything alright w Christie….the kids..rates are low…refis are high…what gives?’
‘We’re being investigated by the Feds…foreclosure files…DoJ sent the letter last week.’
“Heeeey Tom…..how ’bout we do that back nine…..uh……some other time…huh? Yeah listen I gotta go…we’ll see ya…great hittin’ whitey w ya…hi to the kids….uh…don’t sweat the small potatoes, eh….uh……well look….who’s NOT being investigated these days…..uh…I’m sure it’s nothing….I mean…fk I don’t know what I mean…….Valet!!!! the silver Mercedes there….w the plates ‘MERS666’….YES of course I know there’s a second half…….ah just get the car would ya Son….on the pronto…hurry boy hurry!!!’ (In best Caddyshack Judge Snells voice/persona). The Joker says something on the subject if I recall…. ‘oh they’ll turn on you…..on a dime they’ll turn on you…’
Good luck with doj
They are in fed court in dc over chase 13.5 billion settllement
And congressman issa from CA IS ON THEIR ASS TOO ABOUT CHASE
AND US DOJ IS BEING SUED IN SAME COURT ABOUT CHASE
SETTLEMENT WHICH IS A JOKE SINCE CONGRESS GAVE CHASR
90 BILLION FRR OF TARP TAXPAYER MONEY WHICH CHASE
GETS TO WRITE OF ENTIRE SETTLEMENT AMOUNT LFROM THEIR
INCOME TAX
REGARDS
DAVID FRANKLIN
PLS SHARE IF YOU WISH ABOUT DOJ LETTER
CHASE HAS STOPPED HARASSING ME AND MY ATTORNEY
SINCE I FILED CHARGES WITH USCFPB CONCERNING CHASE
EXTORTION OF ME AND GRAND LARCENY AND THEFT OF
MY ESCROW FUNDS AND MORTGAGR PAYMENTS AND MORE
2 thumbs up!
yes we do love Trev’s post because as we all know the truth will always, ALWAYS PREVAIL
LOVE Trevor’s posts!
ahhshucks…..’zilla takes bow…stop chewing Kandarian’s flagpole for a wink and smile…delivers a tribute to Lou Gherig:
‘today……yyyyy…
I ammmm..mmmm. the luckiest dinaaaSour
Walkinggggg the face of the planet….echo echo…I am being….g
Driven….from my quasi-home of boise…e… more echo…..by bullies…under the colors….rrrrs
Of false Authority……retribution by Gov Otter and his cronies not crownies…
1♡….give the peopleeeee what they want…and Justice for all….RooooAR…exposes teeth..big1s.
the sunnnnn also rises….there is always a bigger dragon….(smoke + fire out of nostrils)….tucks head and wings….turns red..m…returns to duty…flys over a few blocks… checks on Jamie choking on cancer treatments on a Friday night. Karma is earned….circular…and well…..tides shift. HRM hates to be embarrassed. ….as The Dragon Family has sealed…..watch the fireworks from a safe distance. ….. wait until the hancuffs come out…. Good Friday to all….777
Here’s video to Yuba case if not on other links
http://www.news10.net/story/news/local/auburn-grass-valley/2014/07/19/mortgage-modification-fraud-housing-trial/12876749/
Here’s something right up Trev’s alley!
“Did the Other Shoe Just Drop? Big Banks Hit with Monster $250 Billion Lawsuit in Housing Crisis
Posted on July 16, 2014 by Ellen Brown
For years, homeowners have been battling Wall Street in an attempt to recover some portion of their massive losses from the housing Ponzi scheme. But progress has been slow, as they have been outgunned and out-spent by the banking titans.
In June, however, the banks may have met their match, as some equally powerful titans strode onto the stage. Investors led by BlackRock, the world’s largest asset manager, and PIMCO, the world’s largest bond-fund manager, have sued some of the world’s largest banks for breach of fiduciary duty as trustees of their investment funds. The investors are seeking damages for losses surpassing $250 billion. That is the equivalent of one million homeowners with $250,000 in damages suing at one time.”
Read more at http://www.maxkeiser.com/2014/07/did-the-other-shoe-just-drop-big-banks-hit-with-monster-250-billion-lawsuit-in-housing-crisis/#YbU5MTFLAsfgxhEy.99
THANK U,TREV:-) & I 100% agree,I know I’m getting the run around,but I’m OPEN to all info to propel me on ”right path”i will use your info & thank u so very much for responding:-)
Angel. ..after this weeks puni awards…hey $16 million is not so small…they will be coming out of the woodwork….the lawyers….the + 1s and the – 1s…. blood attracts sharks and Orcas…you need the latter. My point is this….you will likely not find a KY Mortg Def Atty per se….you may need to convince a strong….courageous. ..progressive Firm or indiv….that you now need results…action…you need a professional to cut against the grain so to speak…..you may need a RICO shotcaller/atty….you may find one who used to prosecute white collar crime…..be open to all possibilities. ….copy your Atty General…even Red states are turning purple…the smart money that is….you think QE would tolerate fraud w her holdings??? Banking fraud is bipartisan. …handcuffs and financial settlements don’t care about your political affiliations…a hole in the bucket hurts everyone….again…be open to finding a 20 something…freshly minted JD…with integrity…w a desire for truth….justice…and the (new) American Way…you need fearless representation. …ask the Dean of Univ of Kentucky Law Scool for a couple names….recently barred….w integrity <—— key. In the MLB…Mike Trout went from rookie…to rookie of the year…to MVP….$100k to $100,000,000 in a few seasons…you need a Mike (or Michelle) Trout.
Hope these esoteric words at least make you think….good luck in your search. Keep us posted. Hitchin posted….Trev.
Goodmornin:-) I’m in DIRE NEED of knowledge!!!!!Who is the BEST mortgage defense lawyer in ky?I have a lawyer that is sitting on my case,2years now,he hasn’t challenged anything,filed no motions,,stringing me along I need to END this nightmare:-) Thank U in advance 🙂
It doesn’t have to be in ky,just able to practice/defend me in ky,I missed NO PYMTS,Never requested loan mod,I’m dealing with Bank induced default from forced placed ins
Hi Bobbi yes it’s called first look where no investors can bid and any realtor has access to these listings through MLS. Realtor .com also list Fannie maes on their website. I have bid on a couple during first look and it is very shady. Closed bidding. Definitely not what most of us would refer to as arms length transaction. Thks
Where can I read about Yuba case. The banksters continue on with their illegal acts and manipulation. They are packaging rental payments as securities now same as they did with mtgs. They r out to steal as many homes as they can. As long as these big banks can re invent the wheel to make money. They do not care whose lives they ruin. Watch what is happening out there once the homes are taken over by Fannie or Freddie.
Here’s Garfield’s take and link http://livinglies.wordpress.com/2014/07/23/yuba-ca-jury-awards-15-million-in-punitive-damages/
Another direct hit here if you don’t have it, Kalicki/Chase
http://stopforeclosurefraud.com/2014/07/02/jan-kalicki-v-jpmorgan-chase-bank-california-court-order-re-jp-morgan-chase-executed-and-recorded-false-documentation-purporting-to-transfer-ownership-and-that-a-chase-executive-created-a-fraudule/
yuba is almost a cookie cutter of my complaint against PHH. I expect also to go before a jury sometime soon. http://www.phhmortgagemustbedestroyed.weebly.com
oh no you did_unt…….
Rust Consulting…..IFR. . .was neither independent nor was a Review ever conducted. It was Act II of the MetLife + 12 Banks Chinese Fire Drill….we waited YEARS for justice…..years…most recvd $500…..but they fn lead us to believe we would get a ‘review’ and that it would be ‘independent’….afterall…it was a consent decree from TX based Dept of Comptroller….The Eagle….We the People….the survivors of Snoopy’s fraud…we waited for Justice….it never came…’the calls were coming from inside of the house’ so to speak….remember….Boise’s Mayor Dave Bieter has a brother….the Judge in my case….he dialed in and awarded it to FretLife on a Summary Judgment. …..now…back to the Chinese Fire Drill……as Rust Con.slut.ing was whoring themselves to the Feds….but only acting as a ‘payer service provider’….the real cons were the Big Four Consulting firms …..paid to review and ‘bucket’ the abuses…..think circus act gone v v wrong….remember. …we are waiting for checks….trying to fn eat….trying to NOT live on the streets…..we won Justice…..but in the end…many of us felt insulted by the miniscule payments…and the wanton and reckless process. …Rust..Mr. Potter…C-uh-oh….should be arrested….for fraud. Dont get me started on Rust Consluting…..cuff and stuff them all….start w Kandarian and Diamon ….. traitors to the American Dream.
Yeah they watch us….but we watch them….1♡. Never give up…never ever…ever said trevor!!!
777
Hey Boehner’s suing the President. Let’s class action them both along with Bush, Dimon, Murillo, Foreclosure Phil, Gheitner…etc etc…we’d never win but would be an awesome complaint
Ok uh duh me, just never recognized abbreviated, yes and if there had been independent foreclosure reviews, more people would still be in their homes and of course this would have exposed the banks illegal activities like the latest settlement with Chase where they breached implied and expressly.
The problem is we treat it like ancient history like the media does. Sen Warren even threw us a bone telling the banks they needed to provide information on unlawful acts if people went to court. Wonder how many people have brought that up.
I think those monitoring us think some of us know too much and and the bad guys attack those bloggers.
Completely agree and I will let everyone in on this. When Fannie Mae list the properties that they stole from the old homeowner a lot of these transactions are not “arms length”. It’s supposed to be a period where investors cannot bid and the bidding is only open to someone that must agree to live in the home for at least a year, but this does not always happen. I watched a realtor purposely not advertise a property during the buyer period and now it is open to investors. The RE listing agent has some connection with banks to get the listing from Fannie or Freddie but they are definitely not selling these properties at arms length. Very very shady dealings in florida
Where did get your information on the selling of Fannie Mae properties? Fannie only uses their website: http://www.homepath.com to sell properties. When there is a sale of one of their REO’s they convey using a Special Warranty Deed that specifies that the purchaser cannot SELL the property for a year. Fannie has always opened all of their REO’s to owner occupants and investors. They have several different means by which they sell their properties so I would suggest reading their site (above). ALL properties are submitted via this site and not direct to a Realtor. Never heard of this ‘buyer period’ but they do have a ‘first look’ period where Fannie will pay a portion of the buyer’s closing costs when the property first comes on line.
Hi hammertime. This class action was more about breach of contract and damaging our credit and stringing us along and chase continues to do it. They basically lost and had to pay but also we r supposed to get new mods and they r supposed to do away with fees and hopefully the back interest. The National mtg settlement addressed the dual tracking. I got 500 , big deal. In Ca. This settlement should be recognized. This state was one of the main players. Florida. Not so much and there was only one family and they settled before and basically opted out. I am not sure how I came to be part of it. I know I made a lot of complaints after the first breach and the lawsuit is for plaintiffs seeking loan mods prior to 2010. That’s how long I have been fighting chase banksters
Hi Lms, the NMS really addresses alot more than dual tracking but media, lawyers, politicians only focus on one or two things like dual tracking and single point of contact and we ourselves repeat it. The payoff by the IFR was only one component that remember was corrupted by Chase only giving files with less than 1 pct problems while HUD had found like 99.9% problems or something outrageous like that. If that settlement worked for people fine but you may give up other grounds such as broken chain of title or fraud like the Yuba case. Then my understanding is that Chase and other banks are manipulating servicing to get foreclosures going which David has focused on as an issue there in your case. It seem they want to foreclose and that way not have to abide by the settlement? Even if they won’t listen since they have blinders on we need to keep challenging what’s going on. Beyond that if you guys shared your information you could have a good perspective on what’s going on. If we all put the effort we could show the manipulation is many forms and ongoing and we’re not just whining or deadbeats etc. That Yuba case and Garfield’s comment says it all but no magic bullet or formula; we gotta focus on the facts not just lash out. Hope I’m not lashing out! lol
That’s what I think is happening in the local court. I think the banks attnys r paying off defendants attnys and if u have one. You have to watch every move they make to make sure they r acting in your best interest. That is why I am hoping the chase settlement can link to the local court because that class action lawsuit explains every dirty trick and illegal, unethical and fraudulent thing they have done to try and steal my home and it will be exposed
Marilyn you do what you have to do. The world is filled with trickery and deceit. These times we r in r wicked and we have to survive the best we know how.
Bobby, you misinterpreted what I said about judgment reversal. It wasn’t my case that was reversed it was the bank I am fighting-their case against the government that was reversed.
And it is the bthat bank that is hacking my computer my home phone and cell phone. But I still have no doubt we are monitored. .
Without a doubt we r monitored. In the beginning I had no problem. And then after this became a pretty much daily site for me, problems began. I don’t have the slow or skipped typing any other place
Bobbi. Which settlement are I referring to? Yes the national mtg settlement has not benefitted anyone. It really has been a slap in the face for the homeowner. I am in fl and the chasemdlsettlement was a federal case and I am using it in the courts locally to cease my foreclosure action. Federal court decision should trump the local court.
That’s funny just as I was answering you the site slowed down and crashed. Just paid my internet too! Local govt and those who were hurt less or not at all ad got their mods benefited. It’s not the settlements though if you look at language except if Bobbi has some specifics. In CA they are saying since the language said agencies could give aid to homeowners OR go to non-profits or possibly just other government etc then it was ok to ignore homeowners by law. That’s where CA Brown is getting sued. The other thing is the agencies, lawyers, judges think it’s only about dual tracking when it’s alot more and gives people homeowner bill of rights even if state doesn’t for the banks, states included. I would still include or make complaints. The other deception banks are using is that since they paid in IFR then that’s it. We can still make complaints through this year and they need to comply. The real slap in the face was the IFR. We should be asking for investigation on both or challenge them somehow.
What is the IFR hammertime?
Independent Foreclosure Review, the Rust consulting fiasco
Bobbi doesn’t see what i see. If one attacks someone foreclosed on with identity fraud or credit card fraud our energy get divided and we give up. Not me I’m a fighter I’ll go the credit card and identity fraud alone. So I won’t bother you Bobbi with what I am seeing. fighying the bank is enough sorry
Thx Tricia
Yes hammertime. This website is a daily reading for me. I wonder where Tom has gone. We all know how much daily life struggles are and on top of it all we have to further struggle to keep our home It’s good that we all let each other know what Is going on with our individual foreclosure issues. I felt like the chasemdlsettlement would help my situation out until chases attnys tried to speed up my foreclosure so they can null and void me from the settlement benefits. We all know here that these banks tears have many very dirty tricks up their white collar shirts and they should be charged as career criminals because there r no signs of them stopping their illegal actions mainly theft to steal homes
it’s called sun setting precedence. … jury likely made up of 99ers…you know…folks like us. . . honest…god loving Americans…tired of the fraud. Great News and thank you for sharing…..angelic. For all the $h talking I do…nice to see the chips falling…thousand(s) more juries/victories to go…like dominoes. Timber!
I want to follow up on your ideas and get into some of my own to tip this sucker over!
Banks, politicians, hypocrites
CAN YOU HEAR ME NOW?
And like clockwork!
http://www.sacbee.com/2014/07/18/6566661/yuba-jury-awards-16-million-in.html
Unbelievable
“Yuba CA Jury Awards $15 Million in Punitive Damages
by Neil Garfield
So let’s say you are thinking that those deadbeat borrowers are just trying to get out of debts they owe. And to spice things up the borrowers say it is the bank who screwed everything up, not me. And you laugh at their pathetic attempt to save face when all they do is spend money doing nothing at all to consider whether they will have enough money to pay their mortgage payment to whoever is demanding it — because why would they demand the payment when nobody else is unless they were the creditor and how badly can a bank really screw things up?
Oops, that borrower just got $15 Million in punitive damages for their $500,000 claim against PHH. So what are they now? deadbeats that are rich and don’t need to worry about mortgage payments?…”
As an example I’m all over this stuff every day, when I’m not battling Chase and every other attack on me, but I had missed the Kalicki case where Chase was caught committing outright fraud on a WaMu loan almost 2 years ago but Dave sent me the link which I had missed or he helped reinforce it. Either I forgot about this case as the only reason it came up was the loss of over $200,000 in attorney fees Chase appealed. Along with all the other lies the mainstream and our officials can’t ignore this and say we’re internet crazies.
Almost missed the main point. I’m using this case along with more of Chase’s own “mistakes” with my local officials. Chase’s NPV chart had my property with a $10 value keeping in mind they made me a $500k forgiveness bogus offer. Although they say it doesn’t mean anything it appears to have gotten attention from people. Then there’s the lawsuit of City of LA against Chase while I live day to day with $15k in rent the City should have released since December. Then there’s the CIty’s lawyer….will be a chapter in Trev’s book but I’m working on my own novel. Eric, Kamala, Jerry where are you? Will be working on some good hashtags.
This site still serves a great purpose and it needs to be a combination of fact finding, information sharing and social media or we’ll all be on an island. What value will it be for those of us that have been able to defend ourselves to “win”? On the other hand talking abuse without taking action is like a victim codependency. Not aimed at anyone. There are still possibilities as Trev, David, Tom and others have put forward but we need to be able to back up what we say. If people won’t participate on a group effort scan in your docs, remove names and put them on a free web site and link to them and we can back up any complaints. Otherwise there could be bank trolls just muddying the waters with little effort.
Hammertime, I agree wholeheartedly and yet at the same time the laws of foreclosure vary from state to state where there are gaps in federal laws the state laws supercede. One post does not serve the mass on this site. The foreclosure laws here in Florida are so extremely different, let’s say, than in Georgia. Many laws have been passed within each state authority with regards to foreclosure prevention and process that it’s nearly impossible to know what is going on where. It only muddies up the water when the site strays off on personal issues that have no bearing. Has not anybody noticed the amount of posts by the owner(s) of this site? It’s just become too much of a ‘social’ site for TMI that has nothing to do with facts or ways to help with battling foreclosure defense. When I have to scroll through 20 posts to find one of importance it is a real shame. That is not what Michael Redman & Lisa Epstein wanted when they put this together. So now, I rarely put a post up or comment too much anymore. I am a fighter so when someone ruffles my feathers I am going to speak my piece.
I see what you’re saying but it’s kind of a chicken/egg situation. A message board has it’s limitations. On the other hand the foreclosure process has been so corrupted whether judicial or non-judicial etc the human element is necessary along with the nuts and bolts. The key is to be effective. My hope was to have the file sharing site compliment this board while it could also be expanded. Last 2 months have been non stop though. With a full content management system (CMS) people can have private conversations, vent, and we could decide what gets out there as a group and manage membership. The simple postings I was suggesting can be searched by key words. I’ll try to revive but may need to work on some ideas along the lines of what Trev, David, Tom have been saying. It may have been difficult to get going because I did want to make sure people can document what they’re saying. May not get a million members but it would be tight. We have about 5 or 10 extreme cases on here, possibly from Chase alone, if we can verify them.
In the end the laws and settlements are being manipulated so as to make no sense. These cases are cracks in the facade. On the other hand, individually we learn by what we all are going through even if not “legally” applicable but hopefully we build the group identity we need to push things along if we believe in our democracy that’s under attack. The simple act of questioning a bank with 100 yrs of rep and their shiny commercials was prob a break through for many and hopefully we band of merry men/women are representing who knows how many that are reading this.
Hammertime – Understand about the chicken/egg ideology. In my fight against Chase as well the settlement did me no good at all as it hinged on so many ‘ifs’ and ‘buts’ that my case did not fit. I’ve written the OCC Treasury for a FOIA request relating to the formation and merger of Chase as I believe it was not properly approved by the appropriate depts of the government regulators. That letter was sent On May 19th, with a confirmation from them on June 2nd. I have yet to receive the requested information. I wrote again and now they say I should receive it within 24 hours – yea, we’ll see. If that information is of any use for anyone else questioning this area I will be more than happy to share it. You would be able to see my point in the request from the original letter I sent to the OCC. If my point is made it would mean that the Application to merge Chase Home Finance Inc. and Chase Home Finance LLC, both of Iselin, New Jersey, into JPMorgan Chase Bank, N.A., Columbus, Ohio would not be legal. For them to foreclose under that name would make it null and void. Chase has since sold my loan in foreclosure to PennyMac but stupid is as stupid does and they never re-filed; only added PennyMac. In essence, the ball is still in my court and this has been going on since 2006. If anyone out there recognizes the name John Cox with Chase (in any capacity) I would certainly welcome the information. This is the person who signed the assignment but there is no notary and no other identification. I am trying to prove that he does not exist. I wish I had more to offer others out there, but for now it is only help from the standpoint that giving up is letting go of our rights!
That’s really interesting.David is digging as to the Bear Stearns part and I’m looking at the WaMu irregularities that may be worse than the Kalicki case. I have some documentation that could be of interest as well. I don’t want Szymoniak or other whistleblower pros to take advantage of our situation if we’re on to something. You can contact me through here http://teamupsignup.weebly.com/
You have prob described your issues before but it’s only now crystallizing with these recent cases and the results I’ve gotten and talking to David. Unless we make it a rights issue they’ll twist things and get away with it and pay off the lawyers, investors, whistleblowers and the handful of homeowners that can afford to go through the complete, court battle.
To the extent we have though we’re seeing changes esp from when they were locking out veterans and seniors. Although still happening in “kinder, gentler” way most likely.
Bobbi
your mixing up apples and oranges. What goes on at this REIT has nothing to do with Foreclosure.
i looked on the internet for a rental that takes pets. Looked okay to me. I had no idea the leasing agent who was a very pleasant gentlemen was a two time felon for credit card fraud. After I discovered that I changed my bank cards and always paid my rent with certified bank checks. I was safe and secure till someone came into my apt without breaking any locks and stole all my bank statements. dept store statements, tissue duplicates of the bank checks bank etc. I immediately notified everyone. all numbers, and the bank told me that is a sign of getting ready for identity theft i have no money in my account what would they use it for . identity theft and credit card theft are a fast growing crime. and there is a nexus between the rental the leasing agent here. and hia felonies. one has to be a dodo not to pay attention.
Again, under most leases the landlord has the power of entry into a leased space. If you feel that you are being robbed of your personal belongings such as the bank statements, etc. why don’t you scan them and put them on a memory stick or open a safe deposit box at a bank and keep them there? Technology today we don’t need paper anymore and it’s really not safe to keep them at your home. If you do put that information on a memory stick just make sure that you make it password protected. Put it in a locked metal box. If they break the box then you have fingerprints….all you have to do is be more pro-active. I’m done.
go Marilyn, I am in process of doing something very similar. there are still a lot of honest people out there that want to see justice.
Bobbi
I cannot imagine why you would think these sites are monitored by both the good guys and the bad guys.
I know as a fact that my computer, my house phone and cell phone are hacked and in my case my writings to the Federal Court, bringing attention to a banks fraud made a winning judgment for the bank be reversed and they lost a big number and i guess they feel anything it cost them to go after me is worth it.
Well Marilyn all I can say is that if you indeed got a case reversed I would think you would post all the particulars on how you did that for others to be able to use, if possible. I would also imagine that if you are using your ‘real’ name it is quite easy for anyone out there to google it and find all the posts you have made. That only makes it easier for whomever you feel is hacking you if you leave little breadcrumbs for them to follow.
You have to really read that is true. When they tried to give me a lousy modification with an added 100k on the deferment portion of the loan and there was also a rental clause that if I decided to rent out my home at some point that it would null and void the modification and I would have to immediately turn over the lease and any payments to chase. They could stick it where the sun don’t shine. They are legally bullying us. Since when does any conventional mortgage had terms in it that you can’t rent your home only that you have to maintain it. I told you they are trying to squeeze out the homeowner. They r bullying us out of our homes. THIEVES there is no other way to describe them
bobbi
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should
lets hope the tides are turning. david franklin, I made complaint to consumer protection re: chasemdlsettlement and how chase basically lost and are speeding up the foreclosure process on my house so they will not have to honor the settlement terms. got a call from the chase exec office early this morning. there has really been nothing said about this settlement. Chase is trying to sweep under the rug and the beneficiaries of this class action lawsuit, they are trying to ramp up foreclosure because in the settlement terms, it states that if they foreclose(summary judgement) on you prior to invitation letter being sent out or they transfer the servicing of your loan, you will no longer be a plaintiff to the settlement
Write the judge robert a stearns at us federal district court in
Boston ma give case no tell him u r in settlement anchasr is foreclosing anyway
Ask him to take jurisdiction and order foreclosure stopped
Give hom your loan number chase rep name and address and phone nimber and chase
Attorney name and court address and case no where case is being heard
Ask for enforcement of his order by us marshall service on tje judge
I am not an attorney get proper legal advice
Regards
David
This Country has changed so drastically it is almost unbelievable that it happened BUT THE TIDES ARE TURNING and somethings can never be undone like loss of life and
intentional illness BUT they will get theirs. some are getting it back already or they wouldn’t be such miserable characters. they need more more more cause they are so empty.
TREVOR i feel for you and your doggies
my dog only eats organic homecooked food spring water etc. what do you mean by METLIFE RAPE? was that insurance they wouldn”t pay?
‘MetLife Rape’….they coordinated 7 yrs of misery…perjured themselves…violated my trust in American banks…Attorney Generals…broke trust between myself and the Mayor…had Boise Police nearly taser me…and lord knows what else would have happened…RICO activity. …stripped of my Property….my Rights…my credit…my dignity…yeah raped. American Home Mortgage did it too…they stole my second home….the one I had paid tens yrs on….gang rape. We will prevail….as of today….the cosmos shifted 100% in our favor…think of it like the point after the hill climb….at the zenith….pause….notice gravity…ahhhhhh…the shift…. look how UCLA arrested two of its own this week…for me this is an indication of a pivot point….redemption is on orders….ours. hope that clarifies…..the Courts will be owned by those left standing…..avatars are at work…to counterbalance the fraud…..watch the NYT….2014….2015…2016.- 2020…..judged…c-uh-ohs…banksters….local attornies w red ink on their hands…..all going to get their clocks cleaned….big time. Enjoy!
Correction….’Judges’…Bank Execs…..local huckleberries. …these untouchables are now getting ‘touched’….. also….fyi….my Ithaca Rose Kennedy. …♡s beef hearts….raw….cooked…either or. $1.99/lb…full of nutrients. …ask your butcher….loads if protein and iron…..2x as much as dry food….10X better for her….Woof!!!
It is MK Ultra and Gang Stalking…you need to leave that vortex….I lost two gorgeous service labradors…(my kids)…to the MetLife rape….take care of that dog…then move!!! You have a resource now…I am sorry for your pains and yes I believe you….the mountains are your best bet….for the dog too….only spring water. It is the great spiritual battle being played out….star wars. Red meets blue….purple….or black. Our choice…
Marilyn I hope your dog gets well soon. If u feel in fear of ur life. U should leave that place. Find a room in a home or get a roommate. Plenty out there. The landlord is a bully. All of us don’t need any more aggravation than we have and the world is full of desperate people who will wreak any kind of havoc on a person directly or indirectly as we have seen. Trevor. I hate to read that u spent that money and lost in the end. My house has been sitting with no upkeep done to it. If I lose my home, the bank can have it with the termites and the other work it needs. Also I would like to sue the city for the mosquito cesspool (unfinished pool) I have been living next to for the past 4 years
I just brought my dog home from the hospital yesterday so i;m busy for the moment but she is improving . Doctors don’r always understand what can causes illness but they did a wonderful saving her. and some of my thought are hard for them to believe.
its like seeing an old woman with a cane walking down the street and someone intentionally trips her but saying she’s old, she would fallen anyway.
and yes…”I could ab’use’ one of them”…from this…the Batphone. Bite back…you have a dog in this fight…a very mean dog…..a dragondog…a ‘zilla waking up….send me your ‘shorts’…hemingway style….Published as ‘Jumper Cables’…..each page contributed is a %…..send me 10 pages….I put it together…..make sales….end order fulfillment…reserve for taxes….pay staff….send YOU your cut…you 10% of a 100 page book…. September 1, 2014 launch…. send me your copy….ill send you a check when it sells…. 300,000 journals…..$7.00 a journal……$2.1 mil…. x .10 = $210,000. . . less taxes…..you go Buy w cash a better condo. . . flip the tables….if not now….when?
Bill Black is so right. The more you look the more you see.
Aside from the financial riboffs, there is a sadistic nature to the people who joined
the bad guys of this massive fraud. I see it in the nature of the attorneys, and the judges who made this happen to our country.
I am again seeing it in the people running my REIT, from the leasing agent who has two felonies for credit card fraud and how he is the one who takes everyones social security numbers and all the renters financial information .
I see it in the tenant they put in below me that has a very sadistic nature, IT IS THE TENANTS SADISTIC NATURE THAT MADE ME NOTICE and start checking his background
It is the same sadistic nature I saw in Christine that made me notice her. It is one thing to fight back against your enemy but entirely different to get pleasure in hurting and joyous in ruining another persons life. Look back into the players that have interfered in your life
And you can separate those with a survivalist nature and those with absolute meanness. I hope to get my properties back if these two the leasing agent and the tenant downstairs don’t kill me and my little dog before. Now that all my financial info and social security have been stolen they have accomplished the first part of their plan and that is to steal my property I have fought so long and hard for.
When I came to this REIT I was very much into the fight and would say to everyone I will get my properties back. And my mistake was saying it to the leasing agent cause when I said it to the leasing agent he said “I could use one of them” and his attitude since then was to get a lien against me .
Ms. Lane:
Sadly I know exactly what you mean…the sadistic ‘you meant to rob me and steal from me….and hurt me attitude…’ I saw years of it here in Boise….its like finding yourself watching a preview for a Lions Gate movie…you know…one where the town goes cuckoo and one person is sane and fighting alone….only to find ‘the calls are coming from inside the house’….one of those. I have it here too….and so that you don’t feel too special/isolated….here are my first 7 ‘shorts’….all true…no lies…They do enough of that for us both:
1. Vice President Tony Francis used to yell at me on his speakerphone. ..mwith a sandwich in his fat mouth….chewing his food ‘Treeevah…..why should you get a ‘sweatheart deal’….why should you get a second chance……’ Fat Pig….11 months we played cat and mouse….while waking up to the horror…(see above)…that in ’91 my soul was taken….arms n kegs too…so Shirt Story 1 is Tony Francis formerly of First Horizon….then MetLife Home Loans….now Greentree Financial in Houston. I have ‘000s of minutes of recording s of our 50-75 phone calls….He was the one who offered me a loan mod on my primary…..down from 7.5% to 7.0%…after 11 months of b.s…..the Same Tony Francis who then got canned from MetLife and cost his colleagues their jobs….all 4,300 of ’em….THAT Tony Francis…..I am going to edit the calls….print and distribute the text…..in the journal-sized hardback…..yeah…that kind of evil….Story One: The Dastardly Tony Francis…..the day I learned to FretLife.
2. Then some hormonally imbalanced C Rate chic w a huge ass….from Realty Royale enters the picture….im in a neck brace at the time…..she brings some thug with her to threaten to break my neck …… she’s going to sell my house out from underneath me….for the bank….after her hitman tries his best (he did not know ‘some things’….wink).
So Story #2…..I will call it Realty Royale w Cheese and Crackers…..(they were both white trash)…..not to be confused with a beaten royal…..there was blood in the water….mine. Fas the fwd….yes….she was reported to the Real Estate Commission. ….no I am hardly done w cleaning up THAT hot ‘royale’ mess…..no I did not shoot the thug….but like Forrest in ‘Lawless’…..when he meets the ‘Nance’…..I wanted to…..
3. Keep in mind I spent $50,000 of my Roth IRA…life savings….to save that house….it had been abused…..I spent 3 years ….3 winters freezing in that house…..no heat….0-40 degree winter days…..rebuilding…..doing the right thing….staying to rebuild….w splaid arms….legs….no vision…..no breath……new walls….electrical….new hardwood floors…..5 x 14 ft beams….new roof….new tresses. ……I was proud to say we made it……we saved her….then they stole it……again….FretLife did not know who they were robbing……I kept saying…..’Tony..you will regret this……I do not lose fights…..you will regret this in time….you are robbing someone you do not want to…..’…..he kept fn laughing….’Treeevah…..why should you get a deal…..?’ More to follow……the message: buy a gun Ms. Lane…you’re not alone in the war…..ww iii…..and you would appear to be in a lousy/dangerous living sitch….kinda like me in boise…..living next to two rental units where both tenants are in prison…..drug house behind me….City Owned AA House…..a pill poppers paradise…..Mayor Bieter wont do a fn thing about it…..which is reason number #21 why City will be sued….why OIG in DC was contacted….why Boise City has been exposed…..for the corruption. Dave’s brother Christopher was the Judge in my case w FretLife…..he dialed in 20 min l8….awarded it to the bank…..THAT audio will be in my (our???) Series as well……pure fn entertainment/horror.
Chin up….if you are threatened. ..call me 1.208.703.9525. You might say I have familia everywhere. …in your hood too. Usually a kind intro is all that is needed….a ‘buenos noches’…if you want to call it that. Have hope….I know its hard….we / you have help now. 777
Marilyn – how do you propose that the leasing agent could steal your property? Having your personal financial information will not garner them any kind of lien against you. Only your landlord (REIT) has the power to place a lien against you for non-payment of rent, destruction of property, incarceration, or skip. Even if there was a lien against you that does not transfer to a real property. As of July 2013 in the state of Florida all leasing agents have to hold a real estate license. That would require a background & criminal record check and license issued by the Florida Department of Business and Professional Regulation (DPR). If you honestly think he has this record you should report it to the DPR if you live in Florida. If you don’t’ live in Florida I would suggest you check with your State Attorneys office for clarification. Certainly parenoia will not help the matter to try to guess the basis for someone’s actions.
Bobbi
.
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
Furfill any terms the leasing agent had a right to place a lien against me. and
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should.
Any lease has the provision added that if you don’t pay they can take you to court and get a judgment/lien against you. That is commonplace as well as taking all your personal financial information when you apply for an apartment whether it’s with a REIT or not. The paranoia I am referring to is throughout this site. There are hundreds of sites just like this one on reporting foreclosure fraud and the like. I highly doubt that every respondent on these sites are being ‘monitored’ and their personal computers being hacked – that is just beyond all comprehension as they don’t have the manpower to do that. In fact, most of the time when there are problems with computers it has nothing to do with the government, but more to do with protecting your own personal computer from viruses. Viruses and PUPs can actually block you from communicating with the internet, slow down your computer and destroy it from the inside out. Even OES systems like windows XP does not have any support any more so makes it more vunerable. It’s like anything else, technology moves forward and if you don’t move with it you will suffer the consequences. Even windows Vista will be eliminated within the next year as well. I used to see posts from several different attorneys on this site and none lately. Ever wonder why? Instead of trading useful and vital information it has become a ‘social’ networking site very similar to Facebook – useless information. I’m pretty sure that Tom and Lisa never intended it to go down this road and I feel bad for them as they put a lot of time, effort and money into this site when they started it. That’s my 2-cents!
I guess my only response to what I am seeing going on here is, when did this go from being about foreclosure to REIT violations; after all it is called “4closurefraud”….as for people’s paranoia, I am with you…I have been kicking the banks butts for a while now and if they are “spying” on these sites, who the hell cares when you have the truth on your side…Love your comments Bobbi…keep up your good work.
Another CFPB option:
“How do I reach the CFPB Ombudsman?
Email: CFPBOmbudsman@cfpb.gov
Phone: 1-855-830-7880
TTY: 202-435-9835
Fax: 202-435-7888
Who is the CFPB Ombudsman?
Wendy Kamenshine is the CFPB Ombudsman and she and her team look forward to assisting you.”
http://www.consumerfinance.gov/ombudsman/
thanks hammer
sent the ombudswoman my letter complaining about my complaints like others being put in the trash by their personnel as those complaints are about chase.
Dear USCFPB Ombudswoman Ms. Wendy Kamenshine:
I am writing to file this complaint with you. I and my attorneys have written to Ms. Petraeus and Mr. Cordray
about all my mortgage problems with chase servicing of it and new loan origination without my permission.
I have or my attorneys have filed separate from website filing at uscfpb.gov website many many complaints about jp morgan chase as have many of thousands of others.
I am a permanent and total by the U.S.V.A 100 disabled veteran with individual Unemployability. Some of my complaints were never processed because someone in your agency either designates them as duplicates or just sends them to the Federal Trade Commission. From which there is never any response whatsoever.
In one instance, four of those duplicate complaints per my phone call to your uscfpb call center on the letter I received and or email, was handled by resurrecting those duplicate complaints into a combined new complaint that was accepted for processing and transmittal to JP Morgan Chase. In a short period of time, that was reversed and the complaints were never processed and subsequently they were sent to the Federal Trade Commission graveyard for burial.
Now this is happening again. and I have been getting reports from other chase victims that their complaints are not being processed either by the uscfpb or erased all together. I do not believe that in my case or in the other case previously mentioned, that this is the proper procedure to handle complaints and I ask that you and Mr. Cordray and Ms. Petraeus and the new Deputy Director see that this is stopped immediately
Also, it appears that many of my complaints have not been published or listed in the complaint database or included in the reports to Congress.
I also find that objectionable as well.
although it is a great idea per Mr. Cordray to publish verbatim actual complaint as proposed, that assumes they are not put in the trash as many of them are allegedly being trashed right now.
regards
David F. Black
360 772 5617
blackvan@Hotmail. com user id on uscfpb.gov website
matter regarding chase.
PLease see to it that all duplicate complaints and allcomplaints sent to FTC are resurrected processed and case numbers assigned and sent to chase. the last four complaints filed two were designated as duplicate for case numbers allegedly filed in the past but they are not even in the database under my name or user id in online database of my complaints.
© 2014 Microsoft
Terms
Privacy & cookies
Developers
English (
my new uscfpb complaint. they are asking now about mortgage discrimination as in predatory lending which sub prime mortgages are in violation of the 49 usc 24 cfr Title VIII Fair Housing Act
Describe what happened so we can understand the issue…
JPMorgan Chase, N.A. of which I am a stockholder and mortgage holder is stonewalling and refusing my U.S. Federal Law ie RESPA Qualified Written Request for information pursuant to my mortgage loan.
those RESPA requests include
1. a printout of all mortgage statements for two different loan numbers starting with 0020927364 and 1024616526 both first trust mortgages. the 102 loan is a loan that I never applied for. the missing mortgage statements are from june through sept 2008
april 2011 through feb 2012 and dec 2012 and jan 2013. there is also a second trust loan missing statements from june 2008 through October 2008 all of which chase has told the Washington AG office in Olympia WA to get lost and refuses to produce these m ortgage statements to me and my attorney mr rick potter. they have refused his requests as well. these statements are required by federal RESPA law for an ARM loan.
2. my RESpA request has also included demand for all loan docs for the loan starting with 102 since I never applied for it nor approved it. I have no loan docs forthis loan which I never applied for or approved of. I request assistance from uscfpb to get them.
3. I have no official RESPA required official notice of this loan I never applied for from chase.
4. I have requested per federal RESPA law for all low level accounting data for my loan and all memorandums correspondence chase lawyer bills for this new loan in their mortgage servicing platform
5. per federal RESPA law I have a legal right to know what mortgage trust this loan starting with 102 is deposited into and the MERS number and the name of the investor of these loans. emc chase gave me all this info for the old loan number starting with 0020927364 but now chase is stonewalling and denying my request for this info on the new loan number which they are required to five me per my valid QWR RESPA request for that information. chase claims they own this loan but the investors for a second time via the New York AG Eric Schneiderman is suing chase emc bear stearns trusts for continuing to defraud them as chase allegedly is doing with me.
6. Chase refuses to conform to the original promissory note which requires my loan to amortize to zero staring may 1, 2013 with part of my payment going towards the loan balance. they refuse to do that and gouge me for interest only which they nowhave programmed into their computer allegedly to be interest only until 2037 with a balloon payment of $ 313,000 due in 2037. I never signed up for a loan like this and this new loan was originated by chase in april 2011 under camouflage of a loan transfer with higher interest rates and loan terms that violates title 12 of us federal banking law and did so to millions of bear stearns loans and others in violation of federal law allegedly with no notice to homeowners like me.
chase also denied me my hamp I loan modification after initially approving me through my mortgage counselor kevin gillnetter and carlos Garcia at community housing resource center in Vancouver wa a hud approved non profit mortgage counselor.
so now I am paying on a mortgage I never applied for that was originated by chase and all my mortgage payments and escrow funds are allegedly being stolen by chase personnel while this new loan is in loss mitigation. with no mortgage statements and fraudulently prepared escrow accounting.
the original loan was conceived in fraud by emc chase underwriters lying to me about the predatory nature of the loan package of first and second mortgages in a five year option arm 80 / 20 loan that has undisclosed interest charges pursuant to TILA law mandating that those charges be revealed. those charges add up to 3 percent interest rate to the loan over its thirty year life .
Which part of the mortgage process is your issue related to?
Desired resolution [Edit]
What do you think would be a fair resolution to your issue?
full restitution of me and refund of all mortgage payments since may 2007 and voiding of this new loan since I never applied for it and have mr watters ceo of chase mortgage banking direct mr rob malloy of chase bank here in Vancouver wa to show up at meetings with me and my accountant/ lawyer team which he did not do in april, 2014 after firing Kelly mathers v.p.of chase bank who did talk to my attorney and accountant.
we are definitely being monitored, either of my post from yesterday did not show up. We are smarter than they think. I still have a few tricks up my sleeve.
I understand that not allowing you to post syndrome. I have hackers on my computer, cell and house phone. Sometimes i can get aroundit by going to a library.
Trevor.Thank you this skill came to me by necessity after seventeen years of fighting against against a bridge conspiracy of revolving crooks.What i have learnt is when you keep quiet the crooks don’t attack you BUT in their fight back against us they bring themselves out of the woodwork and you get to see who your unknown enemys are.My tip to everyone is press in to the computer every phrase , every name that shows up in your case and you get help in fighting your enemy including judges, bankers and attorneys .
I like your idea and that book to us could be like the foreclosure book written by the banks except for a much better cause.
my lastest uscfpb complaint to their ombudsman in d.c.
FW: Your submission, [Case number: 140720-000016]
david f black
7:28 PM
To: CFPBOmbudsman@cfpb.gov, NYSAG EMAIL FOR INTRANET
Cc: Rick Potter
blackvan@hotmail.com
hello uscfpb ombudsmen
here is the evidence of my complaints being put in the trash allegedly under guise of duplicate
chase has not resolved a single monetary issue with regard to my complaints and never addresses the issue in a signed under oath of accuracy and truthfulness nor signed by a chase executive and just does the denial thing since your agency opened.
I do not agree that these are duplicate issues and as I have told you before there are multiple people who have testified to me in writing that your agency is either erasing complaints against chase or sending them to the FTC graveyard and are never processed and sent to chase or reported in your database or to congress.
it is just that simple
regards
David Black a permanent and total disabled veteran under federal law.
it is a bit impossible for your staff to be researching a current complaint all the way back to 2010 complaints that are no longer in my account’s database in the first place.
if you do not respond I will take this matter up with mr cordray and ellen warren and the justice department.
suggest we all should be complaining daily to the uscfpb with copies of it to us justice dept eric holder us ag and eric schneiderman new York ag if it regards chase and keep complaining about complaints being erased and keep complaining about chase especially in florida new York Nevada and all the other scum bag servicers. seems chase is giving modifications to those theycan make a claim against the chase us ag 13.5 billion dollar settlement . everyone else gets foreclosed on so they can cash in their derivative hedge bets aka credit default swaps.
Haven’t been around in awhile, but not sure if any of you have seen this case out of Seattle. The mayor actual stopped the eviction of a vet after his home was sold at auction even though he had a pending court case against Chase.
http://www.westseattleherald.com/2014/07/21/news/update-barton-family-eviction-protest-heads-city-
Ms. LANE… You my dear are one hell of good writer, and even better fighter. Tell you what….you write a page a day of your experiences….you will represent your State….I am in Idaho and will do the same….a page a day in MS Word….of the wanton…circus acts…thrills..chills..n spills….and 1x a week you send them to me…in Word..
Next….I take your Copyrighted file and I print them..the stories…On my end I take your 7 days in hell…best of…like the meth lab party gone wrong…that is one page….following?
I recycle wood…I live in Boise…’city of trees’…and can combine your 7 pages w my 7 pages…David could crank out 7…..w pictures of course….and viola…I now have our product…a journal size ….hardwood…hardcover…made in ‘murica….book of short (horror) stories. We sell this to coffee shops on a weekly UPS logistics run….shops all over the world…..still following?
We could name the first series ‘For Closure’.
Why fo it? For therapy…for $….but most of all. ..for closure. I am serious.
TD,
I will join this challenge if for nothing else but to save anyone the heartache a fraudulent foreclosure brings to families. You can name my story “6 Wks to Sheriff Sale” as that is the deadline I am in once again.
David
I write down all the things I discover whether in a little book or on these web pages so the truth can get out. At the moment i KNOW that the two felons at the present reit i live in are trying to kill both me and my dog especially since i have and my dog in the The last few days have had the same symptoms one is not being able to breath. Last week while i was typing an impotant letter at the library someone came into my apt and went thru a file box and stole many bank statements they know i have two properties i am fighting for This felon in the office thinks HE can use my identity AND DRESS UP LIKE A GIRL. He ONCE TOLD MEthey have his name on YOU TUBE as a girl it is him with a girls name and wearing a dress??? anyone remember the case where a famous ballerina rented an apt in her eastside nyc townhouse to someone who wanted to steal her townhouse and her body wasn”t founD but a mother ande son was indicted
Marilyn
It’s the same as the banks did with the mortgages. Now they are packaging up rental payments. The only difference is now the homes they stole away from the real homeowner, they ( real estate trusts) now claim ownership and are landlords behind the scenes sort of like Fannie and Freddie. Now they don’t foreclose, they just evict. You can thank REIT s like Blackstone Group. They pushed the average homeowner out of the local market. My neighborhood is now at least 1/2 rental. And they suck as landlords. They don’t care as long as they are getting their money. They have turned once nice areas upside down. You can’t trust anyone living around you because they can be living next to you for a couple months and gone the next and you better have a good home security system. Especially in south fl. They r either druggies or thieves.
david
that is what i”m getting with my complaints to the police about the tenants at this reit
Corruption is overwhelming but we must fight on. After losing my two condos to fraud one has to put a roof over ones head. And what you find are the REITS have taken over the rental market.
On my third night In my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. it took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog.BUT it was from the frying pan into the fire.
On my third night in my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. It took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog but this second rental was from the frying pan into the fire This time a have a hidden sexual sex predator on drugs and with electric devices(ADS and EMP) –active denial system and electrical magnetic pulse below me and the leasing agent in this office who took my social security number and financial information is a two time convicted felon for credit card fraud and then when you call and complain to the police the last one said ‘it happens”
Well I AM STILL FIGHTING.
.
someone is trying to shut me down. I just tried to make two posts and they are not posting
Marilyn, you nailed it about the reits, they are doing the same with rental payments as they did with mortgages and they are lousy landlords. they pushed the average buyer out of the market. as long as credit is tight and these reits are buying up homes right and left. They do not want us to be homeowners. rents are so high in my area and the price of homes are already unreasonable again.
look up in property records how many homes IH2 (i.e. invitational homes , blackstone group) huge trust, no armslength transactions, now the banks don’t foreclose, they can simply evict (takes less time) and they do not take care of the properties because they do not care. only about the income stream!!!!
The last complaint I made in January 2014 I am still waiting for bank response consumer protection bureau acknowledged receipt. But never got response from bank or consumer protection that complaint had been answered.
Did you check uscfpb website and that case number
If no response file another complaint and/or write richard cordray
Director of uscfpb
Regards
David Franklin
Has anyone’s complaint/history of complaints vanish??I’m in a foreclosure nightmare that’s lasted since 2010,I’ve had set backs but continue to fight,along the way I’ve filed complaints w/cfpb & my 1st few,I dropped the ball by not knowing the ”process” but I’ve mastered it now,last one,which = 7 total in 4+yes,I MADE sure to attach all vitale papers showing my claims of Mortgage servicer abusive actions/practices,went to CFPB REVIEW,BOOM GONE???????ALL of them,,any input to why or has this happened to anyone?my account shows ”No Complaint records found”’?????thanks in advance:-)
Yes the same thing happened to me
The banks have their friends in uscfpb centers that process
Our complaints
They deep six them or call them duplicates or send our
Complaints to federal trade commission graveyard
I filed 36 complaints since uscfpb opened against chase
And ceo jaime dimon and othet chase execs
About 12 of those were erased or disappeared on grounds
Of being duplicate
All we can do is complain to uscfpb director and send thatletter
To our senators and congressman to ask them to make inquiry
Of uscfpb and to resurrect our complaints and file them with servicer
Of the last four complaints only two survived
Regards
David franklin
We are in a COLD WAR with these banks and servicers who own
Our country from bribery and corruption but they use the political
System to achieve their goals
We need to do the same recommend you copy all your
Letters to us senator ellen warren
Regards
David
my new uscfpb complaint about chase
sent to new york state attorneygeneral. new york has allegedly convened a grand jury and service cuomo deputy about mortgage abuse and fraud and bribery in cuomo’s office and the utah ag was arrested and charged with 23 counts of felony bribery from bank of america recon trust
here is my new complaint lets see if it survives
chase mortgage abuses of disabled veterans
The article in this email documents chase is losing their shorts in the mortgage business and their bad loan loss reserves are rapidly heading to zero
Hence their may be plenty of motive to conduct themselves the way theyvhave with me
Their latest stunt is to attempt to manufacture another default by raising my mortgage payment and two by raising it again for escrow payment increase
The charges per clark county and state farm insurance annually equal 3800 and my current escrow payment of 329 a month covers that
As of sept 1 2014 they are increasing escrow 350 a month which increases my payment 19 a month and five dollars more than i am paying now as principal reduction payment added to minimum mortgage payment
According to thousands of complaints from other chase mortgage holders their fraudulent escrow operations is a key method of manufacturing default
And they refuse to give me credit for approximately prepaid escrow funds of 2000 and have had that money since 2008 yet continue to raise my payment in yet another attempt to manufacture a default
That is not going to happen
As Rick has seen the escrow refund check from chase for 1350 dollars and performed the last valid escrow accounting by chase in 2011 there has been continued oveecharging anf manipulation of my escrow funds
Chase whistleblower employees sent me a detailed escrow transaction history for both the old and new account numbers showing hundreds of fraudulent alleged transactions in the escrow account
There should only be four payouts per year and 12 deposits from my payments to the escrow
The spreadsheet ( Tiffany only has the first version while chase whistleblower employees sent me a second shows 21000 in mortgage payments being put in unapplied payments plus another 9000 in unapplied from 2008 and then making debit charges to those unapplied and then crediting another account called escrow advance
This looks like money laundering and income tax evasion to me since in jan 2013 there are 14000 in reversed mortgage payments back to 2012 tax year and they all disappeared and then chase sent me notice on their website which rick has to pay another 14000 dollars for two mortgage payments for same month and year ie
Extorting me again like in 2008 and made me pay july 2008 three times a
disabled veteran on VA FEDERAL US TREASURY PENSION FIXED INCOME
Regards
David
David….perhaps Kelly Mathers would like to blow the whistle from inside….you know…join the cause??? Everything (including the sound of justice) is better recorded ‘in steteo’. Way to stay in the fight…w a papertrail….a path leading to Their destruction…not yours/ours. I will be kicking MetLife (steve kandarian) and Chasing Diamon(d)$ till king dom come…and well…it would appear w the current V.A. scandal….this type of abuse (as you have described) will be frowned upon once it is made mainstream. . . Nobody likes a bully anymore….and everybody loves an underdog….especially when the bully gets his ar$e kicked….you sir are doing the kicking now…do not stop….p.s. if you write to Brian Williams of NBC….and you tell him about ‘our’ nephilim conversation…and if you X plain your sitch….w a c.c. to Eric Holder….I think you would have a better than 50/50 shot at a Nationwide/Worldwide story….a compelling and timely one to boot!
My ol man is Canadian n knows BW…put it this way….I would like to see your story on primetime… I also want you to file your massive claim for damages…make it loud and proud….you carry the Torch for many DVs who have lost their fight….make sure the torch is ‘inserted’ fire end first…. also remember that this message board gave Jamie D cancer…gave Steve K restless nights wo sleep…..WE the People have ‘them the monsters’…on the ropes.
Knock ’em out of the box! God ♡s an underdog w teeth. . . . Keep fighting…Holder just kicked Citi for $7 B…..hope everyone saw that. Use this in Court….as I said…
‘make ’em walk the plank….more blood in the water….theirs finally”.
China wants you to win….China h8s fraud when it causes shame and loss of face….
the financial losses are paramount but secondary to the first n second issues….got it?
777
ldynps , are you in fl? I am also. I thought you were in CA. I would like to speak to you and hopefully we can help each other. I am in broward cty. fl. please send me your email mine is lsnider52@hotmail.com
my uscfpb complaint today
chase has not resolved a single monetary dispute with me since 2008 and continues to extort me for money on a loan I never applied for .. they even reported this new loan to the credit bureau with a balance of $ 300,800 which the Credit bureau also had reporting of yet another first trust mortgage from chase.
chase has fired the local v.p Kelly mathers for trying to help me resolve these issues.
all chase does is say they addressed the issue. I don’t care if they address any thing. these disputes by me are about money and extortion of me by chase on a loan I never applied for and non compliance with a promissory note for a loan I did pay for. chase has quashed the loan finance by blacksmith and boilermakers union of Kansas city Kansas and created a new loan with higher interest rates and balloon payments with no loan docs no respa notices and now extorting me for double and triple payments. I got another wortheless packet of chase toilet paper today while they now are extorting me for more escrow funds while they have over $ 2,000 in unapplied escrow funds and over $ 80000 in unapplied payments and unaccounted for payments and missing 21 missing mortgage statements required monthly by federal respa law and even told the Washington state AG to buzz off when requested to produce the mortgage statements. in letters from chase v.p she says I owe $ 388,888 while the mortgage statement says I owe $ 311,000 and the new loan to the credit bureaus says I owe $ 300,800 . chase website says I am five payments ahead but refuse to give me credit for them and their attorney writes me letters I am indefault and sends letters to my attorney mr potter demanding he drop me as a disabled veteran client. the whole mortgage operation of chase needs to be seized by the federal government and a cash audit be done by irs and other agencies to determine where the billions of dollars of mortgage payments are going.
and for what purpose and that includes escrow funds.
Hi there. I used to post on this site back in 2010/11 when i claimed bankruptcy after losing a six-figure job in the end of 2008. Therein, I so appreciated the conversations taking place and the site bringing awareness to the public. I received an education on mortgage fraud. I’d copied all my county records after noticing the lack of mortgage assignment records between all the banks since my mortgage originated. Fortunately, I was able to rent out my NJ condo until Hurricane Sandy hit. Then fell behind on the mortgage. In October, 2013, Forclosure proceedings were started (lis pendens filed) by Citimortgage’s (loan servicer at the time) attorney. To date, I was yet to be served and put the home up for sale. Today I received a call from a company called Seretus (out of Pinnelas Park, FL) stating that they are now the new servicer of my FM loan as of June 14th, 2014 (I never knew who owned my load through each of the prior mortgage assignments) Seretus told me I should have received a “bye-bye” letter from Citimortgage. I’d never received the letter, but checked my current county records and now see that only 6 weeks prior to the Citi lis pendens, the assignment to Citimortgage from the prior bank was filed (even though I was with Citi since 2005.) There, i also just found a recent filing of assigment to FM, as well as to this new company, Seretus. They are now offering me a modification and have noted they have not filed for foreclosure. I have two questions, if anyone might know and would so appreciate a knowledgable answer – The lis pendens is still on my record with Citi’s attorneys. I am having trouble with the sale of the home as potential buyers are shying away due to the lis pendens. If Citimortgage is no longer my servicer, nor owns the loan, how valid is the lis pendens? I’ve heard of requesting the court expunge the lis pendens: especially because it is no longer valid, AND because it is now detremental in me selling the home which could afford me the opportunity to sell and settle the debt. is this possible? Can i approach the attorney and request they remove it without filing a motion to expunge? Second question: can they be sued if they don’t comply? Of course this has me leading to: If the lis pendens remains, and then Seretus ends up filing for foreclosure, is it possible that two banks can file a mortgage lis pendens on the same loan? Thanks for any responses that might help. Sandy struck
Suz – I don’t know if anybody else has responded to you or not. If your property is located in the state of Florida then the lis pendens filed will remain of record unless Citi files to have it dismissed or after a period of time when there is no activity the Courts will automatically have it dismissed for ‘lack of activity’. Lis Pendens can only be filed by the ‘owner’ of the note and mortgage. If there is an assignment from the original lender to Citi then most likely they are the owner of the note/mortgage and it appears that they then assigned it to this FM (whatever those initials mean) and Seretus. You did not mention if the mortgage was included in the BK you filed or not. If not I don’t understand why the lis pendens was filed. If it was included in the BK you basically gave up the property in the BK and the current owner can foreclose. They can also use the same lis pendens to move forward with the foreclosure as long as they complied with the new procedures for Florida law that came into effect June 7th of 2013 (H.B. 87).
Bobbi’s post reminded me of your comment. Not knowledgeable about FL bk etc but generally my thoughts were that there may be a clouded title if unlawful foreclosure or multiple claims to debt etc. Title insurance is also supposed to guard against losing marketability of title. If Citibank is part of settlements can use to make complaint or back up your claims in wrongful foreclosure or quiet title case from my understanding, not legal advice. In bk sounds like their claim should be challenged or adversarial complaint made from what I’ve read.
God speed Trevor. Let Truth prevail!
WHEN I win my cases, I will retutn to this board and fund a 1st rate ww legal A Team…the only catch will be that if you receive help from ‘the fund’…and you win….that you pay it fwd w a % to the ‘house’ as it were. Remember. ..blue planets have won …it has been decided. Now just cross the line. Then cross it again for kids at home. . Protect the little ones. . .holderwhereyou@? 777
The govt does not want us to be homeowners. It’s another way to control us or make money from us. The big investors. Ie blackstone group. Have bought up thousands of homes that should have been available to qualified buyers and they should have been “arms length transactions”. These investors are packaging rental income the same way the banks did mortgages. Look at all the people that believed in obamas HAMP program and got scammed. Why isn’t Obama helping us and knows what the banks did to steal out homes. It’s one big govt conspiracy. For us that believed in our govt, shame on us. Fool me once but they won’t fool me twice.
Thks David. I will do what I can and will speak up for you and others. I am fighting as much as I can. I had to get attny because they set a trial date and I know it’s because they do not want to have to honor the settlement. Blackstone has bought quite a few homes in my area and i suspect the bank is looking for a lot more homes to steal so they can pkg up the rental income. My area I fl is a hot market at the moment and they know it. There is a great big picture in the steAling of our homes. If the govt has their way. There would be very little home ownership. God bless to all who have lost their fight. Believe me better things are ahead for you. For us that remain in the fight, the uncertainty of it all is like being in a prison, but the principle of the battle has to keep us fighting.
May our Creator protect you and all of us
Regards
David
I am so sick of these banks. I never had credit problems in my life until I made a deal with the devil a/k/a jp Morgan chase bank. Thanks for the advice David Franklin I am going to cc everyone I can think of with the fraud they are getting away with. The settlement letter says not to call the judge, but that was when it was still pending. Now it is a done deal and Chase has to be forced to live up the settlement agreement and in there it says that the judge reserves the right to maintain jurisdiction to enforce the terms of the settlement agreement.
LMS et al…I embark on ‘life on the streets’ in a matter of hours…this w a masters degree…intl fortune 100 exo…blah blah… but w no credit.. (thank you Jamie and Steve ). I just wanted to encourage everyone here to STAY IN THE FIGHT….this cleansing is necessary and we will be rewarded for taking on (and crushing) these goliaths… this board scares the $ht out of ALL guilty banks….sure we received $500 -$6000 for our 100x losses (one penny in the dollar) but we never gave up our right to sue….just file and get on w it….this is the final act of the American Play….so press hard and watch em fall….’zilla is in the house and in your corner….watch that flagpole get ripped off and thrown at Steve…then Jamie….our collective wins…in Court…will serve as precedence….hard for us….easier for those behind the ice breakers….have fun with it….make it a game…they sure did. Now…..they are getting the cancer they gave….AND at ANY hour….Federal Agents just might be knocking on the executive glass door….when criminal charges land…and its in the works…then our civil claims are simply a ‘summary judgement’ exercise….a reversal of hope…a shift in karma if you will. I am asking for $10 mil from Met and $5 mil from Chase… I helped shut down MetLife Home Loans….now I need my settlement. Yes I scare them…they got caught by the megladon…always a bigger shark out ‘there’….Today there…is…here. Best of luck fighters….David…keep rocking the boat….make em walk the plank….splinters and all…sharks below….blood in the water….theirs. 777
Hang in there Trev. I wish we could have gotten it together as Tom, David and others have pushed us. There’s no giving up here maybe we still can. Keep in touch.
here is the phone number at us dept of justice to give your comments on the phone about the $ 13.5 billion dollar jp morgan chase settlement with the us govt. as I put on the answering machine the settlement should be 100 times larger and all of us get a crack at it to make out claims for restitution instead of giving the money to the corrupt states and state AG’s and no homeowner sees a dime. what the press is not telling us is that the settlement is subject to a lawsuit by a politically affiliated public interest group to get judicial review of the settlement from a federal judge. in other word the judge approves it. the phone number is legitimate and I called and it answered. supposedly the attorneys at us doj will listen to everyone’s message. I told them that the settlement is a joke since chase used tarp taxpayer funds to pay it to the us doj. the research I have done says jaime dimon got $ 90 billion dollars from uncle same not $ 35 that us doj stated to the press. so call the number and raise hell and I said the settement should be 100 times larger and not be paid by using tarp money or our mortgage payments for us that are in chase’s fraudulent loss mitigation. my attorney told me today chase is harassing him on the phone since I filed criminal charges against chase executives in the mortgage servicing unit for extortion grand larceny and grand theft wire fraud and mail fraud and forgery of TILA documents from the loan origination
best regards
David Franklin and good speed TREVOR. let it all go and make the blossoms come up at your feet again. I know how much this crap from banks gets me depressed and perhaps some of you out there. all of you have been very supportive of me and now I have talked to several of you TREVOR and Luis and some homeowners who are in court with chase now as I write this. chase’s new trick is to change trustee and/or claim they own the mortgage which is allegedly a lie and untruth.
justice number to file your complains about the settlement is
202 353 1555 u.s dept of justice eric holder’s office office of u.s. attorney general for finalization of $ 13.5 billion settlement and consent decree from Chase.
Great info David! I’ve been stonewalled on my complaints in Los Angeles CA and was looking for another source before I hit “my” elected officials. Democrats, Republicans doesn’t matter they are in league with the banks to take our homes and to hide the GRANDEST THEFT OF ALL TIME!
I have been a part of every class action so far including the big settlement in which I got $500 measely dollars for dual tracking. now this chasemdlsettlement, and they are trying for foreclose on me before I can reap any of the benefits if there are really any. I call Chase and nobody knows nothing about the class action. they try to sweep everything under the rug. I am going to write the judge and let him know that his efforts go unnoticed. He is a federal judge and Im sure that he is not going to like that his ruling has turned on deaf ears. This is enough already. The big investors are buying our houses and turning them into rentals and packaging up the rental income and doing the same thing with rental income that they did with mortgages.
Interesting case – New Century, Ocwen? the kitchen sink. Transcript of actual court back and forth. Good focus on how you state you claims.
http://www.msfraud.org/law/lounge/Galope-Appeal_Barclays-Petition-for-Rehearing-En-Banc_4-14.pdf
Not surprised hammertime. The lender/services paperwork we already know is a scam. It’s all about passing the liability to keep everyone guessing. Chase has ramped up the foreclosure trial date with me so they won’t have to make good on the class action that they lost in the federal court. They breached contract. My understanding is that the class action and the foreclosure are two separate actions and if they beat u to foreclosure. U have no chance of any of the benefits of the class action. They know they screwed up in this class action they lost so the only chance they have is to speed up foreclosure
The difference like in my case is Chase is caught and looks like unable to dish off on a fly by night company. They need to be exposed. If FL? had any rights that would have to be a major dual tracking and sounds like they’re ignoring our courts AGAIN! Need to publicize!
True TBTF is the unofficial policy but there’s even fraud in that. Another clue on servicer merry go round in following article. Interesting poll on industry site where foreclosures are at bottom for 90 day late. Nobody’s being fooled.
http://dsnews.com/news/07-01-2014/risky-business-fhfa-raises-questions-risks-nonbank-servicers?utm_source=DS+Weekly&utm_campaign=8f5b9add77-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-8f5b9add77-175422189
FHFA OIG Raises Questions About Risks of Nonbank Servicers
so….big foreclosure push we’re seeing?
“While not naming names, one such risk specifically cited by the report was the practice of using short term financing to purchase troubled mortgages that will require long term work to resolve their difficulties. The principal reason these mortgages are sold to the nonbank servicers is that they require extra time and money to cure the deficiency. The banks sell them in order to mitigate the loss that comes with servicing them. If short term financing is utilized to acquire the assets, the bill could come due before the profit from acquiring the mortgage is realized.”
sad but true, the banks can rubber stamp whoever they want as servicer/lender. I have always thought the fannie mae is just a façade so they cant pin the liability. the banks have to find some way to pay back all the investors they scammed and what better way than to just steal our homes and bribe the local courts because for most struggling homeowners, it ends in the local courts. It is an outrage!
File a motion with the judge not a letter and get a court stamp
On it
You can file it electronically if you register with the federal courts
Be sure you have correct case number
You can call kellerrohrbach.com on seattle and ask
For gretchen obrist or gretchen cappio who rep’d you
Before the judge and got ten million from chase
The judge has declared thaet he will stop the
Foreclosure
David franklin
And file motion with uscfpb too and write richard cordray
A letter he is director
I told him chase lied to the judge about loans eligible for
Mods
When I files my complaint with the OOC and The Florida Attorney General, both send the request to the banks involved with my Complaint. In Bank Of America’s response, the claimed they are the lender and that Wells Fargo is the servicer! That’s a lie….then Wells Fargo’s response was that US Bank is the lender and they are the servicer! The Attorney Generals conclusion was to do nothing…After 2 years in the Appeal Courts doing nothing and the Circuit Court allowing forged and falsified documents to be used to be granted a foreclosure…my conclusion is that there is absolutely no justice and every department is turning a blind eye to the biggest crime to ever be perpetrated in the history of the United States and it’s just going to continue because the Banks really have become….Too BIG YO FAIL/JAIL…
I have decided to file a lawsuit against Bank Of America, Wells Fargo, the Florida AG and the Attorney’s that represents them! I have nothing more to loose! Here are my causes of actions for Florida Law if anyone else needs the same! I’m giving it my all… Florida Causes Of Actions on Fraudulent Foreclosure Practices
Fraud
The essential elements of fraud are:
1. A false statement of fact;
2. Known by the defendant to be false at the time it was made;
3. Made for the purpose of inducing the plaintiff to act in reliance thereon;
4. Action by the plaintiff in reliance on the correctness of the representation; and
5. Resulting damage to the plaintiff.
Finney v. Frost, 228 So.2d 617; Abbate v. Nolan, 228 So.2d 433; Tonkovich v. South Florida Citrus Industries, Inc., 185 So.2d 710. Poliakoff v. Nat’l Emblem Ins. Co., 249 So.2d 477, 478-79 (Fla. 3d DCA 1971)
Affirmative Defense
Because of litigants’ proclivity to loosely sling the term “fraud” into pleadings, the law requires that fraud be described with precision. Florida Rule of Civil Procedure 1.120(b) mandates that “the circumstances constituting fraud … shall be stated with such particularity as the circumstances may permit.” This means that an affirmative defense or claim “must clearly and concisely set out the essential facts of the fraud, and not just legal conclusions.” Flemenbaum v. Flemenbaum, 636 So.2d 579, 580 (Fla. 4th DCA 1994). Where a defense of fraud exists, “it is not so subtle a concept that it cannot be described with precision.” Id.
Thompson v. Bank of New York, 862 So.2d 768, 770 (Fla. 4th DCA 2003)
• Glass v. Craig, 83 Fla. 408, 91 So. 332, 335 (1922) (holding that “a mere statement of opinion, belief, or expectation, although untrue and resting upon no information, is not such a false representation as to constitute fraud”);
• Reimsnyder v. Southtrust Bank, N.A., 846 So.2d 1264, 1266 (Fla. 4th DCA 2003) (determining that statements made by bank officer were either not demonstrably false or were mere opinion and thereby not actionable under a fraud claim);
• Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168, 172 (Fla. 4th DCA 1994) (finding that a claim for fraudulent misrepresentation is not actionable if premised on mere opinion and not material fact);
• Baker v. United Servs. Auto. Ass’n, 661 So.2d 128, 131 (Fla. 1st DCA 1995) (reasoning that for a claim of misrepresentation to be actionable, it must be of fact rather than opinion);
• Wasser v. Sasoni, 652 So.2d 411, 412 (Fla. 3d DCA 1995) (finding that seller’s statements that the building was “a very good building” requiring “normal type of maintenance,” and “an excellent deal,” were clearly statements of opinion and not fraudulent misrepresentations);
• Carefree Vills. Inc. v. Keating Props., Inc., 489 So.2d 99, 102 (Fla. 2d DCA 1986) (finding that a seller’s statement that he thought the lifetime leases could be broken was nothing more than an opinion, upon which no action for misrepresentation could be grounded).
Constructive Fraud
• Constructive fraud occurs when a duty under a confidential or fiduciary relationship has been abused or where an unconscionable advantage has been taken. Constructive fraud may be based on a misrepresentation or concealment, or the fraud may consist of taking an improper advantage of the fiduciary relationship at the expense of the confiding party.” Levy v. Levy, 862 So.2d 48, 53 (Fla. 3d DCA 2003) (citations omitted). “A constructive fraud is deemed to exist where a duty under a confidential or fiduciary relationship has been abused.” Allie v. Ionata, 466 So.2d 1108, 1110 (Fla. 5th DCA 1985). Florida courts have recognized that constructive fraud may exist independently of an intent to defraud. Allie, 466 So.2d at 1110; Linville v. Ginn Real Estate Co., LLC, 697 F.Supp.2d 1302, 1309 (M.D.Fla.2010) (“Constructive fraud, unlike actual fraud, does not require a showing of intent or of a misrepresentation or concealment and thus a claim for constructive fraud need only meet the liberal pleading requirements of Rule 8.”).
• Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Constructive Trust
“A constructive trust is one raised by equity in respect to property which has been acquired by fraud, or where, though acquired originally without fraud, it is against equity that it should be retained by him who holds it.” Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 422 (1927). Constructive trusts are akin to an express trust in that a bifurcation of title occurs; bare legal title to the property is held by the possessor of the property while the beneficial interest is held by the person entitled to the property. In re Shepard, 29 B.R. 928 (Bkrtcy.M.D.Fla.1983). However, unlike an express trust or a resulting trust, a constructive trust arises solely by operation of law. Palmland Villas I Condominium Ass’n, Inc. v. Taylor, 390 So.2d 123 (Fla. 4th DCA 1980). Thus, a constructive trust is a remedial device with dual objectives: to restore property to the rightful owner and to prevent unjust enrichment. Abreu v. Amaro, 534 So.2d 771 (Fla. 3d DCA 1988).
To impose a constructive trust, there must be (1) a promise, express or implied, (2) transfer of the property and reliance thereon, (3) a confidential relationship and (4) unjust enrichment. Id. at 772. The person seeking to impose a constructive trust must prove these elements by clear and convincing evidence. Id. However, similar to any equitable remedy, the enforcement of a constructive trust is tempered by equitable defenses, including laches and estoppel. See generally Steinhardt v. Steinhardt, 445 So.2d 352 (Fla. 3d DCA), rev. denied sub nom., 456 So.2d 1181 (Fla.1984); Mills v. Holcomb, 389 So.2d 223 (Fla. 5th DCA 1980), rev. denied, 399 So.2d 1143 (Fla.1981).
Provence v. Palm Beach Taverns, Inc., 676 So.2d 1022 (Fla. 4th DCA 1996)
Nondisclosure (Real Estate)
When a Buyer purchases Real Estate from a Seller, the Seller must disclose all known, material defects in the property. If the Seller fails to make sure a disclosure, the Buyer may have a claim for Nondisclosure.
A Nondisclosure claim has four elements:
1. The seller of a home must have knowledge of a defect in the property,
2. The defect must materially affect the value of the property,
3. The defect must be not readily observable and must be unknown to the buyer, and
4. The buyer must establish that the seller failed to disclose the defect to the buyer.
Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985).
To state a claim, the Buyer must prove that the Seller had actual knowledge if the defect. It is insuffucient to state a claim if the Buyer can only establish that the Seller “should have known” about the defect. Jensen v. Bailey, Case No. 2D10-939 (Fla. 2d DCA Nov. 20, 2011).
AIDING AND ABETTING A BREACH OF FIDUCIARY DUTY
A claim for aiding and abetting a breach of fiduciary duty requires:
1. a fiduciary duty on the part of the primary wrongdoer;
2. a breach of this fiduciary duty;
3. knowledge of the breach by the alleged aider and abettor; and
4. the aider and abettor’s substantial assistance or encouragement of the wrongdoing.
Sensormatic Electronics Corp. v. TAG Co. US, LLC, 632 F. Supp. 2d 1147, 1192 (S.D. Fla. 2008); Court Appointed Receiver of Lancer Offshore, Inc. v. Citco Group, Ltd., No. 05-60080, 2008 WL 926513, at * 5 (S.D. Fla. Mar. 31, 2008); Bruhl v. Price Waterhousecoopers Intern., No. 03-23044-Civ, 2007 WL 983263, at * 10 (S.D. Fla. Mar. 27, 2007); In re Caribbean K Line, Ltd, 288 B.R. 908, 919 (S.D. Fla. 2002); AmeriFirst Bank v. Bomar, 757 F. Supp. 1365, 1380 (S.D. Fla.1991).
Breach of Third-party Beneficiary Contract
A person who is not a party to a contract may not sue for breach of that contract where that person receives only an incidental or consequential benefit from the contract. Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277 (Fla.1985). The exception to this rule is where the entity that is not a party to the contract is an intended Third-party Beneficiary of the contract. Jacobson v. Heritage Quality Constr. Co., 604 So.2d 17 (Fla. 4th DCA 1992), dismissed, 613 So.2d 5 (Fla.1993). A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily and directly benefit the third party or a class of persons to which that party claims to belong. Aetna Casualty & Surety Co. v. Jelac Corp., 505 So.2d 37 (Fla. 4th DCA 1987); Warren; Security Mut. Casualty Ins. Co. v. Pacura, 402 So.2d 1266 (Fla. 3d DCA 1981).
Thus, in order to plead a cause of action for breach of a third party beneficiary contract, the following elements must be set forth:
(1) a contract between A and B;
(2) an intent, either expressed by the parties, or in the provisions of the contract, that the contract primarily and directly benefit C, the third party (or a class of persons to which that party belongs);
(3) breach of that contract by either A or B (or both); and
(4) damages to C resulting from the breach.
Additionally, in order to find the requisite intent, it must be shown that both contracting parties intended to benefit the third party. It is insufficient to show that only one party unilaterally intended to benefit the third party. See Clark and Co. v. Department of Ins., 436 So.2d 1013, 1016 (Fla. 1st DCA 1983). Based upon the foregoing, the initial issue presented is whether, taking the well-pleaded allegations as true and viewing them in the light most favorable to Caretta, the allegations of Count III sufficiently pleads all of these elements.
Caretta Trucking, Inc. v. Cheoy Lee Shipyards, Ltd., 647 So.2d 1028 (Fla. 4th DCA 1994)
Anticipatory Repudiation
“The doctrine of anticipatory repudiation is part of the law of contracts in Florida.” Southern Crane Rentals, Inc. v. City of Gainesville, 429 So.2d 771, 773 (Fla. 1st DCA 1983). Repudiation by one party, to be sufficient in any case to entitle the other to treat the contract as absolutely and finally broken and to recover damages as upon total breach, must at least amount to an unqualified refusal, or declaration of inability, substantially to perform according to the terms of his obligation. Roehm v. Horst, 178 U.S. 1, 14, 15, 20 S.Ct. 780, 44 L.Ed. 953; Smoot’s Case, 15 Wall. 36, 49, 21 L.Ed. 107; Dingley v. Oler, 117 U.S. 490, 503, 6 S.Ct. 850, 29 L.Ed. 984; Kimel v. Missouri State Life Ins. Co. (C.C.A.) 71 F.(2d) 921, 923. Mere refusal, upon mistake or misunderstanding as to matters of fact or upon an erroneous construction of the disability clause, to pay a monthly benefit when due is sufficient to constitute a breach of that provision, but it does not amount to a renunciation or repudiation of the policy. Mobley v. New York Life Ins. Co., 295 U.S. 632, 638 (1935).
(1) Where an obligor repudiates a duty before he has committed a breach by non-performance and before he has received all of the agreed exchange for it, his repudiation alone gives rise to a claim for damages for total breach. (2) Where performances are to be exchanged under an exchange of promises, one party’s repudiation of a duty to render performance discharges the other party’s remaining duties to render performance. Therefore, the nonbreaching party is relieved of its duty to tender performance and has an immediate cause of action against the breaching party. Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So. 2d 705, 708 (Fla. 4th DCA 1985).
It is “arguable that anticipatory repudiation is an affirmative defense required to be raised by the defendant’s pleadings.” Twenty-Four Collection, Inc. v. M. Weinbaum Const., Inc., 427 So. 2d 1110, 1112 (Fla. 3d DCA 1983). An anticipatory repudiation also creates a cause of action for breach of contract distinct from any defense. Id.
Rescission
The fundamental requirements necessary to state a cause of action for rescission or cancellation of a contract are:
1. The character or relationship of the parties;
2. The making of the contract;
3. The existence of fraud, mutual mistake, false representations, impossibility of performance, or other ground for rescission or cancellation;
4. That the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission.
5. If the moving party has received benefits from the contract, he should further allege an offer to restore these benefits to the party furnishing them, if restoration is possible.
6. Lastly, that the moving party has no adequate remedy at law.
Crown Ice Mach. Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617 (Fla. 2d DCA 1965).
Quantum meruit
The remedy of quantum meruit derives from contracts “implied in fact.” In these contracts, the parties have in fact entered into an agreement but without “sufficient clarity, so a fact finder must examine and interpret the parties’ conduct to give definition to their unspoken agreement . . . . [in order to give] the effect which the parties . . . presumably would have agreed upon if, having in mind the possibility of the situation which has arisen, they had contracted expressly thereto.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 385-86 (Fla. Dist. Ct. App. 1997) (en banc).
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Injunction
To state a cause of action for injunctive relief, a plaintiff must allege ultimate facts which, if true, would establish:
1. Irreparable injury (that is, injury which cannot be cured by money damages),
2. A clear legal right,
3. Lack of an adequate remedy at law, and
4. That the requested injunction would not be contrary to the interest of the public generally.
Weekley v. Pace Assembly Ministries, Inc., 671 So.2d 220, 220 (Fla. 1st DCA 1996).
Intentional Infliction of Emotional Distress
The elements of the Intentional Infliction of Emotional Distress cause of action are:
1. The wrongdoer’s conduct was intentional or reckless;
2. The conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community;
3. The conduct caused emotional distress; and
4. The emotional distress was severe.
Johnson v. State Dept. of Health and Rehab. Svc’s, 695 So.2d 927 (Fla. 2d DCA 1997)]], quoting Dominguez v. Equitable Life Assurance Soc’y, 438 So.2d 58, 59 (Fla. 3d DCA 1983).
Only conduct, which is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community,” meets the standard necessary to state a claim for IIED. Clemente v. Horne, 707 So.2d 865, 867 (Fla. 3d DCA 1998), citing Restatement (Second) of Torts, § 46 cmt. D (1965). “It is not enough that the intent is tortuous or criminal; it is not enough that the defendant intended to inflict emotional distress; and it is not enough if the conduct was characterized by malice or aggravation.” Id. citing State Farm Mut. Auto. Ins. Co. v. Novotny, 657 So.2d 1210, 1213 (Fla. 5th DCA 1995).
Claims based solely on allegations of verbal abuse are also generally legally insufficient. De La Campa v. Grifols America Inc., 819 so.2d 940 (Fla. 3d DCA 2002) citing Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985) (statements made to induce employee to join sexual liason did not establish IIED).
Tortious Interference with a Contractual
Business Relationship
The elements of a claim for tortious interference with a contract are: (1) the existence of a contract; (2) defendant’s knowledge of this contract; (3) an intentional and unjustified interference with the contract by a third party; and (4) damage to plaintiff as a result of the interference. Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742 So.2d 381, 385 (Fla. 4th DCA 1999) (citing Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126, 1127 (Fla.1985)).
Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Negligent Misrepresentation
Under Florida law a claim for negligent misrepresentation requires that: (1) There was a misrepresentation of material fact; (2) the representer either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false; (3) the representer intended to induce another to act on the misrepresentation; and (4) injury resulted to a party acting in justifiable reliance upon the misrepresentation. Baggett v. Elecs. Local 915 Credit Union, 620 So.2d 784, 786 (Fla. 2d DCA 1993). With respect to negligent misrepresentation claims, justifiable reliance on the misrepresentation is a required element. Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Promissory Estoppel
The basic elements of promissory estoppel are set forth in Restatement (Second) of Contracts § 90 (1979), which states:
(1) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.
The character of the reliance protected is explained as follows:
The promisor is affected only by reliance which he does or should foresee, and enforcement must be necessary to avoid injustice. Satisfaction of the latter requirement may depend on the reasonableness of the promisee’s reliance, on its definite and substantial character in relation to the remedy sought, on the formality with which the promise is made, on the extent to which the evidentiary, cautionary, deterrent and channeling functions of form are met by the commercial setting or otherwise, and on the extent to which such other policies as the enforcement of bargains and the prevention of unjust enrichment are relevant. Id. (emphasis added).
For promissory estoppel to be applied, the evidence must be clear and convincing. Mere expectations based upon oral representations regarding future rights of parties to a contract specific in its written terms has been held to be insufficient to support a cause of action. Smith v. Piezo Technology and Professional Administrators, 427 So.2d 182 (Fla.1983); Harbour Square Development Corp. v. Miller, 517 So.2d 773 (Fla. 2d DCA 1988); Ochab v. Morrison, Inc., 517 So.2d 763 (Fla. 2d DCA 1987); Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985); Muller v. Stromberg-Carlson Corp., 427 So.2d 266 (Fla. 2d DCA 1983); Catania v. Eastern Airlines, Inc., 381 So.2d 265 (Fla. 3d DCA 1980).
W.R. Grace & Co. v. Geodata Services, Inc., 547 So.2d 919, 924-25 (Fla. 1989)
History
The Florida Supreme Court considered promissory estoppel in Hygema v. Markley, 187 So. 373 (1939), but rejected its application because the promise at issue in that case “was not definite but, on the contrary, was entirely indefinite as to terms and time.” Id. at 19, 187 So. at 380 (emphasis added). In South Investment Corp. v. Norton, 57 So.2d 1 (Fla.1952), the Court stated: “[O]rdinarily, a truthful statement as to the present intention of a party with regard to his future act is not the foundation upon which an estoppel may be built.” Id. at 3. In Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So.2d 777 (Fla.1966), the Court had before it an action for enforcement of a doctor’s employment contract with a hospital in which the parties agreed orally that the doctor’s employment was terminable only after five years and on ninety days’ written notice. In that case, it refused to apply promissory estoppel and stated: “The question that emerges for resolution by us is whether or not we will adopt by judicial action the doctrine of promissory estoppel as a sort of counter action to the legislatively created Statute of Frauds. This we decline to do.” Id. at 779
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations there under.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Unjust Enrichment
A claim for unjust enrichment is an equitable claim, based on a legal fiction created by courts to imply a “contract” as a matter of law. Although the parties may have never by word or deed indicated in any way that there was any agreement between them, the law will, in essence, “create” an agreement in situations where it is deemed unjust for one party to have received a benefit without having to pay compensation for it. It derives, not from a “real” contract but a “quasi-contract.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 386 (Fla. Dist. Ct. App. 1997) (en banc). To succeed in a suit for unjust enrichment a plaintiff must prove that:
1. The plaintiff has conferred a benefit on the defendant, who has knowledge thereof;
2. The defendant has voluntarily accepted and retained the benefit conferred; and
3. The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.
See Greenfield v. Manor Care, Inc., 705 So. 2d 926, 930-31 (Fla. Dist. Ct. App. 1997), rev. denied, 717 So. 2d 534 (Fla. 1998).
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
Great stuff! Way to stay in the fight. Comes down to basic definitions you’ve highlighted. See my post for New Century good example of arguments.
Yes, I think we have the best chance of success acting as plaintiffs rather than defendants. Put in your checklist a good faith meeting to resolve your issues before taking up the valuable time of your district court. Unfortunately PHH missed their meeting with me that I had invited them to, and I had to fine them 5000 Bitcoins to add to my damages. Also copy your action to the Consumer Finance Protection Board and give the US attorneys a chance to prosecute the crime. Who knows, they can only say yes or no. If they say yes, and you are the first respondent, you will receive 15-25% of the judgment. If they say no, you just proceed on your own, having done all that a responsible citizen can do. They have 90 days to respond yes or no.
Supposedly Fannie Mae is the investor of your loan , but Fannie Mae is a cover up for the owner of your note I would look at the endorsements on the note, but that’s another lie. Chances are the owner of your note is the lender. Who does the note/mtg say is your lender?
Can anyone tell me why the master in equity and foreclose attorney’s use Federal National Mortgage association, as the plaintiff, when they want to bring you to court to set a sale date? The originator of the loan was entirely another institution? And with no proof of acquiring the loan. I thought Fannie Mae / HUD / federal government can’t foreclose on a property.
Oh Al…”they” can do whatever they want, legal or illegal! It’s like finding out when we were kids and believed in Santa Clause that he’s not real! Same here…we have no rights and there is no justice for all…only the 1%….Vote different next go round….this is killing America!
Don’t just focus on big, bad govt. It seems people are forgetting that the banks actually do lie and are committing the fraud and paying dearly though not nearly enough. Chase got caught claiming they own WaMu loans from purchase from FDIC and will have to cough up over $250k in ONE case fro attorney’s fees the past week. Google it and see if any cases or you may have to go another route to uncover the fraud.
This is the Chase/WaMu FDIC case kalicki-v-chase_$255,000-attorney-fee-awarded_6-14.pdf you can google or go to Victory Over Chase blog
Google your original lender and FNMA and check your assignments etc for problems with MERS etc
Al – the owner and holder of a note can foreclose. Most, if not all, of the loans originated in the good ole USA were sold to Fannie/Freddie since the late 80’s. Some borrowers weren’t even old enough to vote back then so most don’t remember what took place to allow all of this greed to ‘seek and destroy’ the banking system and it’s means of regulation. Anyway, once the loan was sold to either Fannie or Freddie they ‘owned’ your mortgage. Yes, there is supposed to be the proper assignments but under UCC which is Federal, the possession of a note is considered fair game in foreclosing depending on what state the property is located. Going by the note (copy) in your possession will NOT determine who the current owner of the note and mortgage are now. However, you can make a demand upon your current loan servicer (whom you make your payments) via a letter and ask who is the owner and holder of your note and mortgage. Servicers, who only collect payments, cannot foreclose on a property or initiate foreclosure proceedings. They are required under current law to disclose to you any such information if you make a formal request. If there is no trail whatsoever on the chain of ownership for the note, I would suggest you file a motion to determine how/when the Plaintiff acquired your note and mortgage. If you don’t question that chain of ownership don’t think for a minute that the Judge is going to question it. They don’t and really hope you won’t! And when you don’t question and file motions is just what they want! It’s the ones that stay quiet and do nothing that the court system loves the most! Easiest and shortest way to steal more homes!
Another side of the greed, lawyers defending the scumbag elite feel free to comment, reporting fraud by the little guys mostly it looks like
http://mortgagefraudblog.com/
I read that too and for the moment, I felt the same as you, but it is up to us now to make others aware onthis unjust attack on hard working American people and make sure this never happens again. We know now we can never trust our government or the “ruler” of govt.
Don’t trust those that are buying our government and destroying our democracy from BOTH parties the past 35 years. Although we saw this 100 years ago but our education system is also being destroyed and most Americans think Democracy is about free checking!
Jamie the Crook Diamond has throat cancer and will be irradiated shortly. I hope he is arrested even sooner….the sooner the better. What a sleazebag traitor to the American People…
NY…when will you learn…greed and a guilty conscience = cancer and cancer will kill him….fingers crossed. People….good people lost everything and some fell ill and died from stress….being robbed.
Q: How many TBones can one fraud meistro eat?
A: 0…..choke on your fraud Jamie…the World hates you and Steve Kandarian……you C-uh ohs….are all the same. Zeroes…..all of them.
Jamie…..you did this to yourself…it is your Karma….the beginning of your end….and America treated you well….greed kills…eventually.
777
has the florida supreem ct ruled yet on the 5th aplt about statute of limitations?
Great talk with David today, inspired me to do some research.
Interesting look back at Chase being made out to be the victim, comments nail it.
http://www.forbes.com/sites/robertlenzner/2013/08/28/jpmorgan-should-not-have-to-pay-for-the-sins-of-bear-stearns-and-washington-mutual/
David, Just sent you email.
Ok will reply
David
I’m glad to see the board is back up and working. I was having trouble posting a few days ago.
Does anyone on here have a federally backed loan (Fannie or Freddie)? Is anyone familiar with custody laws regarding the notes that Freddie and Fannie have invested in? Must they be in possession of the note, or may the servicers be in possession on behalf of the investors (which in this case would be Freddie and Fannie)? Furthermore, must those notes be endorsed to Freddie and Fannie? If so do you have any examples of those endorsed notes as used in prior cases?
Way ahead of you all on being sanctioned for telling the truth….
From a foreclosure defense attorney in Florida (who posts on this site).The defense in this case is that the lender never applied payments for 22 months….ready for this?
“You must understand just how aggressively the courts are pursuing foreclosures with only one goal; grant foreclosure judgments for banks.
I don’t know whether you picked up on the overt hostility against us in court yesterday, but the hostility and anger directed at defendants and defense attorneys is like nothing I’ve ever imagined in my worst nightmares.
I can tell you story after story of gross examples.
I’m fairly certain that if they are advised of your payment defense they will come back and say, judge we’re just going to waive all the interest and payments missed, give us a sale in 30 days and the judge will grant this.
And you can just forget about appeals.One of the main forces behind this attack on consumers is appellate courts that just do not want to consider any of this any more.
This is the hard, cold truth.”
All you have to do is assert the fraud defense which changes
Jurisdiction to federal court pursuant to federal court rules of
Of civil procedure
Then file a claim under federal law fdcpa
Screw that florida judge and there is nothing
The local judge camn do about the above
The legal doctrine for this is. A long latin name i dont recall
Am not a lawyer and am just stating facts not giving legal advice
Always check and pursue competent legal advice
David
You all in florida should pursue your claims and defenses
In federal court not state court
There is no judicial system in florida
It is gone and gone forever
0
@ David Franklin – you talk about asserting the fraud issue – how can the payments not being applied be determined as fraud? Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
The mis-application of mortgage payments an action; not a statement.
Any suggestions on how to tie this into the first element above to quantity as fraud?
Hi Bobbi
you are right
however in my case chase did the same thing
Fraud also involves in your case and mine stealing
of mortgage money that belongs to the investor
Misrepresentation is another form of fraud but do not
have to prove intent
To not apply your payments is a violation
Of the American financial accounting standards board
regs for mortgage payments
Also your payments include your money for taxes etc
That is your money not the investor
To as steal your payments and escrow funds may be prima
Facie evidence of intent to defraud you and not allow
You to pay off your debt that may be cons trued as extortion
This is not legal advice and am not debating as it you Bobbi
Always get licensed competent attorneys to help you
As I have said before debating here is worthless talk
We need to take these complaints to capitol hill and
public interest groups and media to clean up our banks
What chase has allegedly done is kick the ball down the road
By creating balloon payments on first trust loans date
Due in 2037 ) with no disclosure or application from homeowners
David
And most of us don’t even know it but chase screwed.
up via their whistleblowers employees and sent me the notice
Twice
THE MEDIA WILL NOT REPORT ALL THE ILLEGAL ACTIVITIES GOING ON WITH THE CFPB OR THE 50 ATTORNEY GENERALS!! THE BANKS OWN THE MEDIA….YOU HAVE TO FILE FEDERAL LAWSUITS AGAINST THE BANKS..BE THE PLAINTIFF, NOT THE DEFENDANT, THE SYSTEM IS RIGGED!!
The court could view that as one sided. You have to always let their attorney know when you are communicating with the judge about your case, although their attorneys will try to sneak and do things around the homeowner. I am reviewing my file more often now that I am pro se. I see something’s in the file like a “verified mortgage complaint” Is a joke and claiming I have not made a payment since 2009. I am so going to throw chases attorneys under the bus
Consumer protection responses are never any help. I have complained so many times. Maybe the media needs to see how they respond
And then maybe they will take our complaints seriously
Exactly! Sales may have been stopped in my case but I can’t believe they are following up on broken laws as they claim. If you have any out and out lies we can share aside from the legal questions let’s do it.
Agree. I am going to see where our message will hit the hardest. Also the attny for the chasemdlsettlement is not really helping. They have been paid. I have ask for them to monitor my attempt at another modification and all I heard were crickets
Thanks David, will do. I am getting calls around 6or 7 in the evening since I have started modification process for the umpteenth time. They r claiming to have better follow up with the process now. I am not afraid of their attnys. They are jerks and I have no intention of backing off in the courtroom either. I just wander if they could get me for contempt and I don’t see how as long as I am being reasonable and not emotional, but it maybe one of their scare tactics to shut a homeowner up especially in the corrupt florida courts
We’re not the “crazies”. They r well aware that we know what they r trying to pull. Can a person be held in contempt in a mtg foreclosure lawsuit. If the homeowner is speaking the truth
In a normal tone, how can there be contempt?
When I sent a letter to the judge in the CRIMINAL complaint against ME, just trying to explain my predicament the response was pretty chilling, basically warned that sending letters could get me in trouble after I reviewed with public defender. The City’s manipulations could be seen as they filed lawsuits on everybody BUT CHASE. I kept at it and now they filed last week, who knows why now. I’ve made a contact in the City Attorney’s office so we’ll see how it goes.
Can u be more specific about chase claiming u r an Internet “crazy”. That sounds crazy in itself. I did get a letter from chase saying they would no longer use texting to a customers phone. Go figure on that one. I have never received a text and they absolutely refuse to email at all. I’m sure due to liability. Their customer service is not the brightest bunch
hello LMS
beware of chase phone calls from their mobile banking unit out of Houston texas which is a euphemism for their mortgage default management group being run by s.v.p mike zsarro who uses the law firm morgan lewis and nebius (not sure of the last name spelling) out of Houston texas who doles out all of the foreclosure work from chase.
chase harassed me by phone about 50 times by phone and letter in the month of april and after picking on me in relation to the lawsuit at http://www.chase.mdlsettlement.com they then turned on my attorney here in Vancouver wa near Portland Oregon and harassed him by phone for about two weeks. in my case the harassment started at 7 a.m and ended at 7 at night.
I suspect that more and more chase employees are going t o go berserk and more and more are committing suicide in Europe and here in the u.s.a. as well
and a reg proposal has been entered at the u.s treasury dept to cut of irs whisteblowers who blow the whistle on income tax evasion o n the big banks.
that is currently pending.
the source for that is the national whistleblower center in wash d.c. via email notice.
I had made follow up complaints to the CFPB and QWR responses demanding they explain all the variations of Chase and MERS info etc and made a demand with the trustee regarding homeowner bill of rights/settlement requirements as to chain of title and single point of contact etc. Their correspondence was basically lies on top of lies with example I show on file sharing site.
It’s a long story but all of a sudden the trustee was out of the picture and I was told to only speak to their lawyer in Irvine, CA. The guy made no reference to all my correspondence and said it was all internet gibberish. The emails are pretty comical but in the end he tried to tell me only he could change the sale date and I demanded he prove that he had standing and could act as the trustee and to stop the personal attacks basically. I reminded him he was violating the HBOR as well reflecting no knowledge of my case. Almost as he was telling me the sale date would not be changed I saw on the trustee web site that the sale had been changed.
Turns out they were filing a new NOD after 5 years.
Lo and behold the guy ends up writing some HBOR piece on an industry blog.
Lately in LA area lawyers are actually offering to take cases on contingency. I had a great conversation for nearly 2 hours with a young lawyer but once the office manager got involved it all went south. The guy looked disgusted when I showed him the misleading offer Chase made and tried to dismiss it as too old because he was looking at the note date. The lawyer was pretty amazed at my case but the manager guy almost repeated ver batim what Chase had said that cases like mine are crazy internet stuff. They also basically told me the courts in LA county are corrupt. Basically a bait and switch not necessarily from the lawyers that are trying to do their job but from the main partners and the office managers to bring in the cattle and discourage lawsuits unless it’s easy or a modification.
You’re right it is crazy. It’s as if they will say anything to not acknowledge the facts and stick to the line that all this fraud and lies are all in our head when it’s all there in black and white. I’m sure every one of us has these types of examples if you’ve been doing complaints etc. which has a greater impact then talking abut securitization etc. Of course people need to be educated so they can engage these clowns.
I keep thinking of an article that said agencies, elected officials, judges etc were told that homeowners could not benefit. This is the basic mindset that needs to be changed and it won’t be done in the courtroom.
The other part of this psychological war is that lawyers, judges, the lenders themselves are saying we’re just a bunch of internet crazies. That’s what’s been happening to me the past 2 weeks and I can document Chase saying that.
So we need to make the fraud public and stay focused when we’re making public statements.
Hopefully you’re all not on wild goose chases or you’re not with the banks trying to create them.
hello Chased LA
it seems that uscfpb mr cordray’s agency that takes our complaints via their center in iowa and in the southwest usa are allegedly derailing our complaints to the us cfpb with a little computer trick calling our complaints duplicate complaints. this happened to me twice including my allegations that chase may be committing federal income tax evasion from pocketing our mortgage payments under the guise of loan modification. loss mitigation and / or dual tracking. they have done this to me and I am not even behind and five payments ahead and their whistleblower chase employees have sent me docs to show these allegations may be true.
I would love to see your documentation CHASEDLA and what chase is saying. I have filed criminal charges against chase senior execs that run their mortgage operation with the us cfpb for extortion of me and grand theft and grand larceny of my mortgage payments to pay for their whores. parties trips and more importantly their $ 40 billion dollar legal bill with no legal authority to do so and not paying income tax on these monies. these practices MAY EXTEND TO WAMU LOANS METLIFE LOANS AND BEAR STERARNS LOANS LIKE MINE.
IF YOU WANT TO SEND ME THE CHASE DOCS I WOULD LOVE TO SEE THEM MY EMAIL IS blackvan@yahoo.com
best regards
David Franklin
Hello David, ol Hammertime here don’t know why it came up ChasedLA. Have you received emails for file sharing site? I’ll try to get letter I rec’d in next couple of days after editing prob over the weekend. The site is the a way to make sure we’re dealing with real people. I’m in crunch time and would be good to know who you’re talking to at Chase. I’m at the core of the onion and it stinks and is corrupt all the way through. I’ll email you again as well.
This is where I think we fall into their trap. If we can focus on the fact that you are five payments ahead should be FRONT PAGE NEWS! Whatever happened with the investigative reporter you reached out to. Did he see that?
I have started emailing the media starting with Rachel maddow on msnbc.com her email is Rachel@msnbc.com and abby martin of rt.com and rt.com hostess on boom or bust banking show on satellite tv for rt.com.
we need publicity and bugging uscfpr via letters to senate and house banking committee for more enforcement and arrests like when bankers were arrested (3500) during the savings and loan banking crisis back in the eighties.
these guys need to loose their jobs put in prison and their property and assets seized since they were gained from the operation of a criminal enterprise allegedly and all derivative hedge bets and credit default swaps all $ 500o trillion of them cancelled that are taken out by chase andothers against homeowners where chase makes up to 43 x the face value of the mortgage upon possession and eviction of the homeowner through foreclosure using predatory mortgage servicing practices allegedly.
regards
David Franklin
Great! If we can put together these 3 or 4, more Chase nightmare cases on here together, not legally, but as a publicity project could have a strong impact. I have some local media contacts and there is great coverage on Bloomberg. I’m reaching out to one of their reporters.
If we can get this together can approach 4closurefraud and other groups.
If we get the facts out there, as in our cases, pressure will build. Cantor lost because of his opponent’s focus on cronyism not just about immigration. We need to knock over a crony cow on the Democratic side!
He ignored it
David
I believe that is one of the judges with a alcohol problem. You can always use that as a defense. I think she is off the bench and in treatment. Tom. We do need monitoring in the courtroom. Witnesses are always advantageous especially in this crooked mess.
In Florida courts, all foreclosure cases must be tried IN OPEN COURT by a judge – no jury is allowed, unless there is a counter-suit in which case the judge will bifurcate the cases.
Judges are allowed computers but they MUST be off to the side in front of them so they at all times can see the plaintiff and defendants podiums. The public is, by law, allowed to watch EVERY part of the proceedings except for sidebars and chambers issues which are to be procedural ONLY..
During the defense of the case, the judge was GLUED to her computer screen and clearly reacting to and interacting with IT.
There were seven witnesses.
THIS is why we need to get involved with others cases as well as our own, and be activists on behalf of ourselves as well as others…
Bobbi Swann….I would like to connect with you as I am in Pinellas County Courts as well and Judge Pamela Campbell facilitated false and forged documents from an unknown bank allowing the foreclosure to be obtained. She is beyond unethical…there was never one hearing…just her own order to go to Trial? People should know that they will not get a JURY TRIAL because 12 American’s will see the fraud and rule against these unknown banks stealing our homes. Nor are there Court Reporters and trying to find one that does not work for the banks is beyond difficult!! We are being so screwed by the very system we were taught to believe will give us the Justice our constitution entitles us to!! please email me at elyse@gte.net
Lyynps – You will never get a jury trial on a foreclosure here. For one thing, it is stipulated in your note and mortgage as non-jury trial. Second, foreclosures are civil actions while jurys are only for criminal actions (at least in Florida). I am sending a motion that was filed in another case against this same Judge for misconduct and removal from the case. It reads just what happened to you. There is a court reporter in the St.Pete central court house now being used and you pay dearly to get it transcribed. There isn’t one in Pasco especially if you have a hearing in front of the Judge and it’s in his office. I have found that somewhat against the Rules of Civil Procedure but going through the FL statutes is like trying to find a needle in a haystack and so far I’ve not found anything to the contrary. However, if you turn around and file suit against the bank in a higher court (criminal charges) you WILL get your jury members. I do believe that filing for punitive damages, etc. will also fall under the criminal courts. Look for my email.
Right on Trev we have to fight for our little piece of the Amercan dream and I know everyone will. Fight on!
I spoke for over 30 min yesterday w one of MetLife’$ Corp attorneys. …he called me back and I told him everything…..even the $# I would accept as ‘settlement’. It was a big number…..’zilla big.
Si…..we are winning. He was very clear to me that MetLife is ‘no longer in the banking business’….life insurance. ..annuities. …etc….but no mortgages….no bank accounts….they were caught.
That in itself was/is a victory of sorts…..
Never give up….never give in….never…ever…EVER!
777
Go trev
Chase has all metlife loans now
And are being foreclosed on by chase fraudulently
Regards
David
CHASE/JPMORGAN=EVIL,liars,thief’s,100%in front of the destruction caused to destroy ”American Dream”they are giants using our backbones,sweat,sacrifices,as their legs to stomp us into utter chaos while stealing all worked for,,,2big 2fail???I BEG to differ!!!!!2 GIANTS being fazed out,Freddie/Fannie because of people like us:-) all evil will come into the light,& we will SHINE:-) ANYONE,EVERYONE dealing with chase,dissect EVERY piece of paper to/from them,,the ”fraud”is everywhere,they WILL contridic,& overwhelm you in nonsence,keep everything,– USE THEIR WORDS/NOTICES AGAINST THEM…paper trail,paper trail,paper trail!!!!!!!!!=====better defense/ammunition….I’ve been fighting chase now since 2010,& honestly I’m just getting warmed up:-) & what I’ve came to realize,NEVER,EVER,EVER give up/lay down,,,I was ”wronged”on soooo many levels of pure deceit,I’ve felt a ”flurry’ of emotions,including ”oh no they better dont”’2 FIGHT FOR MINE:-) there is NOTHING good about chase,NOTHING!!!!so if approached as a 1st time buyer on which entity(bank)& chase appears,RUN….don’t walk away,RUN,,,HOMEOWNER’S in today’s world/ways are/will be on the ”ENDANGERED LISTS”/EXTINCT & chase is a main POACHER!!!!!!(
@angel – could be good to compare notes, contact me here
http://teamupsignup.weebly.com/
and never be afraid to take your case to a JURY.
However, one word of warning…in settling, you MUST be reasonable. It must be a WIN-WIN for everybody. If you become as greedy and unreasonable as the Banksters, you are no better than them…
the other part of the problem is to divest ourselves of the two party monopoly running the government and courts – so run or recruit good people for office and support true independents and work hard to get party-voters to join you in the effort !!!
I would like to see party registration numbers going down to <bLESS than the number of independent voters in every State if the nation – who’s with me on THIS !!!
Tom is this your first modification. Yes beware of the final modification papers as they add on so much on the back end and try to refer to it as principal. They will steal every last cent of equity you have in your home. It’s a joke or they think we can’t read. I am still waiting to see the result of this class action. Chases attnys are trying to set for trial They r trying to weasel me out of this settlement. Of course I have no intention of letting that happen. Their so called delinquencies that they want to stick on the back end of my loan better disappear or they will once again be in breach of an agreement. I will contact the judge. What good is any of this if the homeowners r not benefitting.
CONGRATULATIONS !!! We here are having success by PUSHING PUSHNG PUSHING.
Our GREATEST WEAPON is DOCUMENTING THE TRUTH…the bastards head for the hills when it looks like a low flying cloud is hovering over their heads !!!!
DON’T STOP NOW
remember…a Grand Jury would be GLAD to see and hear your case and documents..thats where ALL of us should eventually get in front of with this…AND the media of course
I meant to say “…a LOW FLYING COW flying over their heads”….LOL
i noticed in court yesterday, Brevard co. is doing the same as bankers with their judges, rotate them untill no one knows what is going on so they can snow job the whole court system with” will they did borrow money.” there is no justice
Actually, rotating judges is very good for us !
It brings fresh looks at what’s going on…some of our best victories have been where these new judges look objectively at the facts and at the law and apply it CORRECTLY !
AND when a judge is rotated, it can mean they have been caught at wrongdoing. Remember I filed SUIT against the judges of Broward County and a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case – which the plaintiffs counsel agreed they screwed up and they had no case – even though Judge Imperato found in favor of the Plaintiff after the defense rested. What an insult of the legal system !
IT SHOULD BE OUR GOAL to install court watchers in every foreclosure case in the nation to catch and document EACH INSTANCE of judicial misconduct, and file complaints.
WHO’S WITH ME !
@ Tom Heinrich – I don’t know about your court system but here in Pinellas County, FL the judges sit about 3′ higher behind a desk than counsel. Tell me just how anyone is able to see if a Judge is on their laptop or even see what a Judge is doing on the computer or not! Every Judge here has a computer in FRONT of them. Who can see that? And you can’t get behind the Judge or those bailiffs that stand on either side is going to stop and/or put you in contempt. How could you have possibly proved your point “..a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case…”????
hey Tom H., any case law of successful RICO claims against banks by homeowners? abuse of process?
yes !!!! a growing number
I would have to be an Idiot to vote for another Republican or Democrat
and so would YOU.
You all know I have done six and a half years of extensive research into the fraud the government and banking industry have foisted upon the World.
Now comes the VERY ugly truth that all the ‘programs’ to ‘help’ borrowers really serve to benefit the ruling clique financially, as did running mortgage debt up to an unsustainable level and then crashing the system…it wasn’t by accident, it was ON PURPOSE.
The “fed” printed the money, ‘lent it’ to the big banks to distribute through puppet originators then purchased the paper and put it in a huge hopper called MERS where anyone could take out anything they wanted and claim it and even CREATE the documentation of the transfer. No one owned the paper, yet they foreclosed to get free real estate and wind up with insurance funds, resell the property and pocket it also and have as many “DEFICIENCY” judgments they are still owed by borrowers with NO PROPERTY.
FRIENDS, THIS IS CRIMINAL RACKETEERING, and we need to insist ultimately that all of the individuals be imprisoned and Americans FULLY restored to owning this real estate and an equitable resolution reached over this artificial, only on paper, debt.
I thought my foreclosure was over, the judge inactivated the foreclosure case and the self-professed servicer agreed to more than according to the HAMP guidelines. Now, just prior to my third and final ‘trial’ payment, it turns out the clique has set it up that those with Social Security income such as myself, have their income calculated at 125% of their Social Security – FAR more than adding the amount of withholding,unemployment Medicare and Social Security contributions to get the equivalent GROSS income of an employed person !!! The resulting payment could be far more than the scheduled payment. PLUS they can charge more than the current prevailing fixed rate, put a huge balloon payment after making your loan a new 40 year loan..increasing the yield on the loan, and COST TO YOU, to FAR more than it would otherwise be !!!
In addition, Wells Fargo acknowledges they have to answer to the Consumer Financial Protection Bureau over my formal complaint but THEY ARE IN DEFAULT OF THEIR REQUIRED TIME TO RESPOND.
Any question we need to dismantle the banking cartel and remove the crooked legislators, regulators and judges ???
You all know I love to do research and discovery and uncover the documentation of the truth.
Anyone liking my help in YOUR matter, I would love to assist in any way I can !
Tom
Im fighting chase on creation of loan
I never applied for with a balloon of 313000
Dollars in 2037 no mortgage statements and extortion
Of me to pay mortgage payments teice for same month and year
For nine months and first payments disappeared in chase
Pocket
I filed criminal charges against chase with uscfpb twice
Includimg income tax evasion under federal law
Regards
David Franklin
Tom – As an originator you can only gross up SS and or Disability income IF you don’t report that income on your tax returns. If you do report it on tax returns they CANNOT gross it up the 25%. The reason that is allowed is because as a ‘tax free’ income it really had more spending power simply due to the fact that it would be considered tax-free monies. If you do show this income on your tax returns you need to inform the lender that they are in violation of Fannie/Freddie and HUD guidelines. What they probably did was gross it up just to have you ‘qualified’ under the HAMP program with the higher mortgage amount. HAMP does have guidelines on front/back ratios so gross income plays a HUGE part in getting you approved. AND remember with these modifications they are actually adding back in all the fees, accrued interest, proper inspections…on and on with their ‘fees’. The mortgage balance goes up from the original mortgage while you pay interest now on top of (accrued) interest that was added to the principal. That 5-year adjustment is/was in ALL HAMP modifications! It was just that people never read the fine print! They are a disaster waiting to happen….and let’s see since the first ones will start re-adjusting this fall. Most of them will default (again) and 90 days later we are going to have another onslaught of foreclosure filings all over again all across the country. Obama can go on national TV and spout how he’s helped the economy and the people….all the while lying out of his arse! January, February & March of 2015 are going to be critical months. Personally, I think we are headed for another ‘meltdown’.
My income is solely from Social Security right now since I was in the mortgage industry and had my savings and retirement completely wiped out in the crash, otherwise my wife and I would still be traveling all over the world as we had planned.
Thus said, you know why I have superior knowledge and motivation on what’s going on. If my income WERE taxable as an employed person, it would be approximately 112%, NOT 125%. I would still qualify and my payment be substantially lower. They ALSO used the payment that was shown on my CREDIT REPORT, which was way too high, THEN they added my HOA and insurance on top of THAT wrong figure, so I have many issues to take to court if we do not work out the proper affordable payment, including filing on behalf of ALL SOCIAL SECURITY recipients that have been put into, or denied, modifications. This is FAR from over !
I have dedicated my life to full-time employing my efforts into making the world a more equitable place for all to live, and that means changing the worlds banking system to be run by good people, not criminals. There ARE MANY OF US, INCLUDING THE FORMER WORLD BANK GENERAL COUNSEL, DEDICATED TO THIS, all over the world…this is NOT a United States issue at all These people finance the WARS all over the World, for the profit of a relatively few people, as they do the drug trade..their goal is to leave everyone, every business, and every country deeply in THIEIR debt. THIS is World War III. I wish EACH of you were working right alongside me and the others in all our efforts. Contact me if you are willing to spend some time on what needs to be done ! Until WE get as organized as THEY are, it won’t change. Criminals belong in jail, NOT running our banking system and governments.
Okay, if you worked in the mortgage industry you should already know that the 125% gross up is standard and if you qualify on ratios without it then fine, have them remove it. As to the (mortgage?) payment on the credit report why would that be a basis, why not the promissory note that spells out the P&I payment? If it’s an account other than the mortgage (i.e. revolving debt) for a debt that is being used against you you can simply submit to them the most current statement for that account with the current payment and they will change the payment amount. That is also standard practice in underwriting. HOA, real estate taxes and homeowner’s insurance premiums are ALWAYS counted in the total PITI payment for qualifying. That has not changed in 40 years. You may pay the taxes and homeowner’s insurance outside of the mortgage payment as long as you are under an 80% LTV, yes, but they are still counted in the total. HOA fees are also counted in the payment as they too are part of the overall mortgage payment even though you do pay them seperately. HOA’s have immense power when it comes to properties and esp. in foreclosures to protect their fees.
If these escrowed items is one of the basis for your argument as to the ‘wrong’ payment you may want to consider backing down on this issue. They are correct. Remember, adding those items in the PITI (including HOA fees) could put you over ratio UNLESS they gross up the income. You may want to check your calculations again to make sure that you do qualify without the grossing up.
Good Luck!
Tom…..it goes without saying, I am in this war…and it is wwiii…a war on law…courts….property rights….and you ARE 100% dead pan on….there are those who value a balanced and fair tea leaf scale (read: respect for common law…no fraud in the banks)….more than money…..in Asia it is called ‘face’…’honor’….and when you and I bitch about hundreds of thousands of $in losses…..these Asian dragons and Scottish dragons lost tens of billions….trillions even….numbers so large they mean little to the average citizen….and to lose ‘face’ on top of that…..to have received only $6 worth of tea after spending $60000….after being cheated….these kings/dragons/pharoahs….these ‘forces of counteraction’ have convened….are reviewing under counsel. …yes I mean ets…grays….queens…et al….the scales of justice were molested…..and now the FBI is being told to bring in the RICO Teams…..rotating judges is good….if justice is perverted in America…the dollar crashes….if the dollar crashes…..well….the super rich are 30-75% poorer overnight…..the dragon has our uncle sam by the BLS…..in Asia they call it ‘saving face’…..in the United Kingdom….(king dom)…only fair banking scales are tolerated….pound for pound….so without further ado…and ‘I do’….count me all in. What I have is 3-5 hrs a day to spend on my lawsuit and helping others…..if I set up a bank account ‘Bank of the West’ in Boise….and if people can donate to it….I could hire….pay….ask others to research…copy….mail….file…..outsource….I can run w the big dogs but I need a modest budget and some (2-3) helpers….honest and dependable assistants. …I would like to pay them $15-20 / hr….. see where I am going w this……if anyone has a rich uncle who wants to help our cause….have them reach out….divide and conquer sure….unite and destroy for good…destroy fraud for good…for The Good. 777
Looks like the bankster’s wish list is being put into law
http://www.uniformlaws.org/Committee.aspx?title=Home%20Foreclosure%20Procedures%20Act
http://www.uniformlaws.org/shared/docs/Residential%20Real%20Estate%20Mortgage%20Foreclosure%20Process%20and%20Protections/2014am_hfpa_draft.pdf
i too am having problems with Bank of America Acris NYC DEPT OF FINANCE notified me they recorded two documents a mortgage and an agreement against my stolen condo trying to hide a mortgage they issued and flipped to investors from Ginny may;
The illegal flip reads from Frances B Turner a straw buyer to a Patricia Byrnes who i discovered was a worker at MERS
MERS DOES HAVE SOME WORKERS
TITLE RESOURCE GROUP
3001 LEADENHALL ROAD
MT LAUREL NJ 08054
I am trying to find out if RASC Series 2006-EMX1 Trust is still active. I got as far as the SEC Website which states on 1/12/07 a Notice of Suspension of Duty to File Reports form 15 was filed under Rule 15d-6. I called the SEC to find out what that meant and all they could tell me was that after that date they have no idea what happened to the trust or if it even still exists. I need to find out if this Trust is still active. I am currently in an active Bankruptcy and this could help me greatly if I can find out if the trust still exists. I can be reached at 443 677 2799 or jsmith5915@msn.com. James Smith
James – check out this site: https://www.moodys.com/credit-ratings/RASC-Series-2006-EMX1-Trust-credit-rating-400040335.
It appears that maybe Bank of America took over as the custodian of this trust.
thanks David that isa good idea and will do.
Welcome
remember kids….america (the world by defacto) is run by 51% of 33%….the other 66% don’t care….I’m in the other third…. as much as I despise greed, $loth, fraud….I still need some greenbacks and a roof for my woof…Penske won’t take beads…also remember…I helped get 4.2 million a small check…..an insult….collectively it is:is time. Last round so to speak…..give ‘er all she’s got c’pain…. yes THAT story….
OK — here’s hoping this comment works.
Our servicer has filed for foreclosure. We will be served any day now. I am eagerly awaiting the process server to see what sort of documents they submit. I contacted the government agency that owns our note in the past few months but of course the “left hand doesn’t know what the right hand is doing,” as ALWAYS. They said they contacted our servicer for them to send a mod packet, but of course that never happened. So our court battle begins.
Sounds like you’re where I was at in January 2013. Write down everything. Record all phone calls, or better yet, don’t talk on the phone. Make them write, sign and date everything. Chapter 13 will freeze your assets for 5 years, and you decide on the exit plan. File a complaint with the CFPB. File a criminal report with your local FBI. Publicity! Publicity! Publicity!
testing 123
haven’t been able to comment for some days now
got my notice to set trial, laughable that “action is at issue” with a so called “verified mortgage complaint” there wont be a trial anytime soon because I have the verifiable facts. Chases lawyers are so crooked, they r trying to push the foreclosure thru, even with the class action still pending. We are supposed to be getting letters to allow us to renegotiate, but the attorneys are still trying to foreclose, another fine example of dual tracking.
Send a letter to judge stearns in boston fef court
To stop it n copy to local judge
tiny tim got us into this catastrophe. ….
im fighting in court…..for america….the buggys comment was a reference to the cartoon…but losing $1m to bank thiefs is grounds for bad karna….year 7…the love letters were burned years ago….. better wake up people…its showtime.
New York……your greed destroyed my country….where were the life guards….???? Sloth….
Breaching as I stare at my Penske moving truck….yes post fraud closure comes ‘do the rental dance tango….time #4 in 7 yrs….FY MetLife…Chase…
So Bravo David….after VA shake up of late…your ‘status’ holds weight….throw it around. Make the counterbalance sting like a ray….each person you listed…w special ‘shout out’ to the Hon. Richard Courdray and Hon Sen Warren…both of whom I have dealt w directly and was impressed w their responses. They saw the tide shift early…..swung hard…and now get a ‘seal’ of approval…..Ms. Warren would make a fine President….or VP….j’sayn…..they are both old school and new school….they get it…..back them….Bernie too.
If anyone knows of criminal complaints filed in any US State (NY?)against Steve Kandarian…and/or MetLife as a Corp…. ..could you please reply.
Oh….so yeah as of 7:56 pm mst in boise I am…
A. Still suing the trousers off of Stevie…and Jamie…..
B. Still crunching out RICO complaints…
C. Still encouraged by Dave and the 7 pts gang….’quoitens for ya buggsy…coi-tains…’
D. Still alive…..v alive.
Again….freedom of info request…Hitchin v MetLife…Et al…Ringert Law…Laura Burri…Realty Royale… get your copy…..take the ride. 777
1♡. ….
Ps…look up The Dragon Family….US Bonds…..hmmm….good time to rebalance….
Bet hard on Warren….Courdray…good people. With integrity….
Truth will prevail, not eye for an eye a la Gheitner. Hang in there Trev!
Monday June 9
“One’s life does not consist in the abundance of the things he possesses.”
Lk 12:15 NKJV
Living for the Right Reasons
I
t is said that in 1923, seven of the world’s most successful men met at a Chicago hotel: the president of the largest independent steel company, the president of the largest utility company, the greatest wheat speculator, the president of the New York Stock Exchange, a member of the President’s Cabinet, the president of the Bank of International Settlements, and the president of the world’s greatest monopoly. Collectively these tycoons controlled more money than there was in the United States Treasury. Now, fast forward twenty-five years and let’s see what happened to them. Charles Schwab, president of the largest independent steel company, lived the last five years of his life on borrowed money and died a pauper. Arthur Cooger, the greatest wheat speculator, shot himself. Richard Whitney, president of the New York Stock Exchange, spent three years in Sing Sing Prison. Albert Fall, a member of the President’s cabinet, went to prison for bribery. Leon Fraser, president of the U.S. Bank of International Settlements, shot himself. Ivan Kreuger, head of one of the world’s largest monopolies, also committed suicide. If the recent economic upheaval has taught us anything, it’s that money brings neither security nor happiness. Yes, God will bless you with money (See Dt 8:18). And He will do it for two reasons: (1) Because He delights in seeing His redeemed children walk in His blessings (See Ps 35:27). (2) Because He expects you to use your money to reach a hurting world with God’s love. If you keep those two things in mind, you’ll be living for the right reasons.
Thanks, Dave. We all need reminding sometimes.
What we perceive as money is evil. The real wealth is personal happiness.
Enjoy your family.
Anyone having trouble posting?
Well the crap hit the fan afyer i filed extortion money laundering
Grand theft grand larceny wire fraud mail fraud irs income
Tax evasion chrges plus fraud against senior and junior
Emplyees od chase bank and thie exec officers twlo weeks ago
As a disabled veteran bu the VA
With richard cordray exec director of uacfpb in wash d,
.c. all related to my mtg loan i never applied for
Chase went berserk again like they did in april with the fed couer case in
inboston against chase
Chase got into it with my attorney on tje phone
I named chase employees in my criminal compaint
Uscfb delivered to chase on D Day Normany invasion
Of europe
David
I suggest we all file criminal charges against our mortgahe servicers aand
Lenders
I sent copies to
Cnn on atlanta
Sen ellen warren
Sen bernie sanders
Thx
David, I am wanting to file criminal charges as well…we cannot win in the civil courts…it’s criminal for sure! will you forward the Criminal Complaint either posting it here or email me at elyse@gte.net? Please send as I have all my fraudulent docs out and ready, just need to see the format you used????
Hello Idy
Pls go to uscfpb.gov
No special format
Follow theirs
Register as well
Send it on the we.bsite in the text area
To Richard Cordray Exec Director of uscfpb in wash d.c.
And no 2 senior exec
Of chase bank
Frank Bisignano and Kevin Watters
Copy to
Sen ellen warren of us banking committee
Sen bernie sanders of us senate veterans committee
If you or your family are affected buy chase and they
Are a veterana
The more complaints like this the better
We need two million of them
David
By us mail not fax or email
Thx for blazing the trail. Will be my next step as I have more Chase out and out lies. Interesting twist is City filed lawsuit last week. Also made contact wit local candidates so will see how it plays out locally. Let’s keep pushing from all sides! See Gheitner interview to get blood boiling even more.
Hi Trev
Happy Memorial Day to you as well
And many thanks to all veterans who served and
Gave so much
Regards and thanks Trev
David
Did you all know you can get to a specific post by saving it’s link? Right click on date. Prob the last to know!
The fight has been extended. Happy Memorial Day David, Trev!
We need to complain like hell to senate banking
Committee n present our cases to them
And our u.s,. Senators and congressman/woman
David f
Angels LOVE fighters…..don’t worry…what they stole will soon be returned…with interest. Worldwide interest. I want to host a Beat up the Banker Day….on Wall Street.
Main Street v. Wall Street………asking Hells Angels MC to escort the Trunk Show.
I want to hear those pipes rock FretLife……and Steve Kandarian can pay back this victim of white collar crime…..punk. You will feel me Steve…..you will feel me before you ever fn see me…..like ‘Zilla…..I’ll add God to your name……
Fight Club……if this is:is your first foreclosure. …you have to fight!
Remember WHY we honor Memorial Day….Americans Fight their abusers…be they foreign or domestic….. MetLife and Chase shall be sued….HARD.
God Bless…..
Trevor
My battle began Monday. I will be victorious. I will shame and conquer. Thanks to all who have shared your valuable stories. I hope I may thank you in person one day.
Will be interesting to see how a “new” battle goes. If you want to share info sign up here
http://bit.ly/Si8EL5
Good luck!
Ray Shelton May 19, 2014 at 7:49 pm
If you are being foreclosed on By US Bank and or SN Servicing ( Please No Other banks or services please) Please check the signatures on your deed in your county clerks office, if you are sure that forgery or falsification of your documents has taken place then call me ASAP we are going after anyone who has wrong us by forgery and or uttering forgery under the RICO ACT. This is happening now 2014 Please join us. call 352 274 8467 Ray Shelton
#1. Did A Serious Crime of forgery and Uttering forgery take place by US Bank and their attorneys against you ?
#2. The OCCs Cease and desist order signed by US Bank and its Board of directors specifically says that US Bank and its third parties ( Servicer’s and attorneys) will stop this kind of criminal activity immediately and make restitution, but they have only escalated their activities of illegally taking homes in Florida via Forgery and falsifying documents etc.:
MEDIA STORY LINE. A Well known highly respected Florida Notary and his wife who witness the signing of a deed and mortgage have come forward and signed a statement sworn under oath that the signatures on a deed and mortgage were originally signed in Royal Blue. They even went to the Marion County Clerk of the Court and had another notary witness the fact that they viewed the recorded deed and mortgage that was submitted by US Bank and then witnessed that the documents were not sign in Royal Blue. But in fact were signed in Black. It is clear by any reasonable person or most important by Law Enforcement and our Judges, that after US Bank claimed a lost note status for a couple of years, they had no choice but to forge the deed and note in order to have standing in court.
The Shelton family is being illegally foreclosed on by US Bank who has already paid out multi million dollar fines, but no one has gone to jail. Who is actually committing these crimes? Was it DocX or LPS or is it their attorneys? This needs to be discovered and prosecuted by the Feds because it is a very serious issue that is costing the American public billions of dollars in loses. It apparently doesn’t matter to US bank that the homeowner is right or wrong because no normal family can stand up to the money that is used to win by attrition against a homeowner. Who will protect the public and stop the destruction of hundred of thousands of families lives all across this nation?
This is also very wrong because Us Bank and their attorneys may be undermining the integrity of our entire Justice system and the American way of life as it is known today. Will it end up that it is ok to forge our most treasured document without any prosecution by our government? This is becoming a crime wave that is unparalleled in history and America must stop it. Have Multiple interstate crimes been committed multiple times By US Bank and their attorneys ? Should these issues be considered within the Rico Crimes Laws. US Bank has not stopped their behavior, are the fines way to low and they just don’t care because the numbers prove that they can still make huge profits by continuing on the same path? Where is Law Enforcement? Where is Eric Holder? Where is OBAMA???
The Shelton Family didn’t discover the facts about the forgeries until they had already lost in every court even the appeals court. Now that they found out and have proof of forgery shouldn’t all the other ruling be null and void? The Shelton’s are filing a Civil Criminal Lawsuit against the attorneys Andrew Braaksma and Paul McKenna and another Civil Rico law suite against US Bank and SN servicing.
The Shelton’s have filed a bar complaint with the Florida bar against Andrew Braaksma out of Miami and his partner Paul Mckenna for Uttering Forgery and other reasons to be announced. They have also filed a complaint with the FBI and with the Florida Attorney General. They will soon ask the Office of State wide prosecution to take the case. There will also be some press conferences set up to expose the Miami Attorneys and US Bank. Shouldn’t this case be moved up to the Federal courts and demand relief and for the prosecution of the Miami Attorneys and US Bank? To join us please call 352 274 8467 Ray Shelton
Reviewing a family’s info out here in CA that may apply. Will call tomorrow. Thanks!
If your looking to try to make a difference in the coming elections press into Sid Kroft of 60 minute Overtime to see what they know about the PAC slush Funds and who is giving what to who.
.
Good idea. There used to be a web site I thought that showed who receives money from Wall St
Mark
one thing i have noticed in all my years of fighting corrupt judge Alice Schlesinger, even though Astoria Federal S & L admitted the bank never owned my two properties when they auctioned them off and they stated it indemnify indemnify indemnify they did nothing to help fight for justice
for me. They sure weren’t like the Hero Cat that flew into help.
But I do see a lot of plants being sent on these web pages to interfere with our fight like Christine.
At some point we have to take it to another level which is what Tom and I are trying to do so we know who we’re dealing with etc.
hammertime, and Tom etc
why is there a list of hundreds of foreclosures for California and similar for other states on 4closure fraud?
The link to foreclosure listing site? Just a way to monetize the site. Nothing wrong with that since they raise awareness. I’d also ask does anyone look at their depositions section. And you also have regular foreclosures, investor foreclosures, commercial foreclosures that can be an option for those even in foreclosure moving on.
Whoever it is that mentioned that going back to a judges alma marta to show what discraceful ruling he or she are making against our Constitution makes a good point as well as going to William Foley’s alma marta of West Point to show he is ecstatic in having destroyed the title industry and the country land records for the people of this nation.
happy birthday May 18th Jane Shapiro -formerly of James Madison/Cunningham if your still in your house.
It is not the questions you are asking that counts. Its the integrity to the people you are asking them to that counts and the results.
In my case ML v Astoria Federal , in the US Supreme Court case Elliot v. piersol it was ruled if a court has no jurisdiction when they sign a judgment they have no authority and it is null and void ab initio (from the beginning) a nullity forever passage of time cannot change an invalid judgment into a valid judgment. BUT when asked Judge Alice Schlesinger ruled against the US Constitutional case Elliot v pierson and made up her cockamamie answer so it is not the question…
very true tom, they haven’t really heard me yet, but they will .
FnA…… hold the JUDGES accountable….Lord knows 2/3 of them need to go to pasture….they are so corrupt that it would be a gift to the world to expose the filth. No Judge 50yrs old or + wants to be labeled a fraud……w Senate Banking Committee s being looped in…..I say Xpose….Xpose….Xpose….call the Deans of Law Schools…….ask if they hold their alumni accountable when ‘oooopsies’ are made……shame works too….in my case….Federal 4th Dist. . Judge Bieter (our abusive Mayor’s brother…..I know…play theme for Deliverance….low volume)…DID NOT EVEN SHOW to his own courtroom…..he fn dialed in and awarded it to the Bank Robbers….who were also the Bank Lawyers….they use pawns… I had $65,000 in hand….suit n tie on….and FretLife wins……fk fraud…..SO…………..I now report to the World….Laura Burri of Ringert Law in Boise Idaho is being reported for allegations of illegal activity….abuse of power…perjury….THE WORKS……by the time I am done reporting/suing that vipor….she will wish she had chosen a different career path…… JDs are such proud people…..that is until they are not….or shall I dare say….until they are caught!!!
In home ownership…as in war…my enemy’s enemy is my friend….FretLife n Co…my enemies…have MADE many enemies. …I have many ‘friends’…SO making a YouTube short film….will begin to tell the real commercial/story of how cartoons (snoopy) is used to pollute the system…..like the Letter ‘A’…used to sell antidepressants. …you know…the Ambilify poison…and the Doctor w a thick tie 4 ft long…..and the sad lady smiling at sesame street characters….they thought us all fools……until the bear trap slammed shut on their willies….”zilla said he’s taking this all the way to Hong Kong…..will he? Bet your lucky☆s he will …..nobody puts baby ‘zilla in the corner….nobody.
We are stronger together and I don’t mind helping where n when I can….my shattered American dreams can still be used as ra material….for a collage….a warning to future citizens. …there is value in recreating the accident. ..the fraud…the dirty judges…..the Judicial System needs a Caddyshack Cleanse……dump the chumps…dump the chimps….throw bananas at them…watch them slip and fall…..on their own lies……
In the future…..lawyers who lie to ghost judges and ghostly defendants will be ostracized by their peers….will not advance….will be disbarred….will pay restitution. ..will, well, they will wish they had paid attention to the ethics portion of their ‘education’….better UCLA School of Law provide the warnings BEFORE they graduate….in the real world….ethics lessons are much more expensive……watch me charge for tuition….for schooling the bums….FIGHT ON! 777
If we get together we can have an impact on local elections in southern CA where a number of county supervisors, county recorders and judges are running.
I constantly read everyone here is looking for FAIRNESS, and for someone ELSE to do something to help you. BOTH WON’T HAPPEN. YOU have to use THEIR system to FORCE
you getting something acceptable to YOU.
It IS a rigged system…so what are YOU going to do about it.
Here’s what works:
FILE PLEADINGS, MOTIONS, and DO AGGRESSIVE DISCOVERY
FILE EVERYTHING YOU UNCOVER WITH EVERYONE YOU CAN..starting with legislators
ASK THE COURT…ANY COURT..to order the lender and servicer to provide you with what you are entitled to under regulation, law and existing court orders (they will have NO idea of what you are talking about and HAVE to provide you DUE PROCESS AND FULL RIGHT TO REDRESS
GET THE OTHER SIDE TO STIPULATE TO TAKE EVERYTHING OFF CALENDER WHILE THEY COME UP WITH ALL YOUR CHOICES OTHER THAN THEIR HOLDING A FORECLOSURE SALE..once they know you will NEVER allow them to have good title, they SHOULD be willing to agree to a workable alternative. THEY WON’T STIP ? THEN ASK THE JUDGE TO ORDER ALERTERNATIVE DISPUTE RESOLUTION IN LIEU OF TRIAL. HAVE A COURT REPORTER AND MAK SURE YOU MANIPULATE THE JUDGE INTO REVERSIBLE ERRORS. Meanwhile, increase the complaints and demand for damages against everyone else. Draw them all in. NO ATTORNEY WILL DO THIS FOR YOU…you have to…just as no attorney will want to handle this of complex of situation, the other side won’t either…keep making it go deeper…the court will wish to bail out because they do NOT want you setting precedent…the cases we’re winning have GAG orders as part of settlements FYI.
Last few weeks have resulted in several out and out DISMISSALS here in Broward !!
What are each of YOU going to file next. I’ve gone to FEDERAL court for Declaratory Relief.
Meanwhile my pending case is deemed inactive in the Broward courts… one of very few cases from 2008 that have not been disposed of.
Send duplicates of everything to Joseph Smith, Jr ( Mtg Settlement Director ), The CFPB, House and Senate Banking Committees, the FBI, Justice Department, your Congressperson and two U.S. Senators, State AG, Fox News, MSNBC, Reuters, API, WSJ, CSM and your local TV stations and newspapers. You should have PERSONAL CONTACTS with someone at EACH.
AND — USE SUBPOENAS liberally, and make friends with a local Court Reporter who can hold Skype depositions. I guarantee you…they will NOT want to continue dealing with you and the gigantic MESS everyone else is required BY LAW to, and will have to, figure out (as to what all everyone has done WRONG…and its a LOT)….if they refuse sue them as well. FILE FILE FILE
ASK ASK ASK.
Now what are each of you going to
!) file next with the court
2) request in writing the ORIGINAL LENDER, current bank, servicer, investor, MERS, and all their legal counsel do
next
…list it here for everyone AND lets get REPORTS – post whats happening currently on each of our matters and what is scheduled and when !!!!…here’s the problem I constantly see…defendant borrowers are not NEARLY as informed or aggressive enough..
FYI, a judges comments should get that case dismissed and the judge referred to your states judicial qualifications board for disciplinary action.
No youre NOT trying to get your home for FREE ..THEY are, Your Honor, I just want what protections and remedies I’m entitled to as “a matter of law”, don’t you agree I’m entitled to that, and that your Courtroom should not be used as a place where Corporate Crimes are committed ? What stocks do you directly or indirectly own and where do YOU bank, Your Honor ?
Oh, and I have a Disciplinary action against Judge Cynthia Imperato in Broward’s 17th Judicial District Court for improper behavior…she was already in hot water – see what happens
Tom, can you suggest a sample list of Interrogatories and Production Requests? I’m pro se and the judge is allowing me a “peak behind the curtain” via Discovery. Thanks.
I agree that it’s very likely settlements are occurring left and right with no discussion clauses once they are signed. Yes, we should focus on using THEIR system to get relief but for new people learning THEIR system it takes time and takes hundreds of phone calls, letters and hrs of work. Very few are going to get relief with a few calls, a few QWR’s, an attorney working 10 hours for you. That is the sad reality we need to express first. If you’re not willing to put up a good fight for YEARS you might as well give em your house now.
You and Tom are making good points it’s a matter of working together and on all fronts. Individually it’s nearly impossible but it’s been done. Those that have been burned aren’t going to have much faith in filing actions while those of us that have been at it for years can help others starting out. Along with filing actions we have to make our democracy work for us as Tom is suggesting although filing a court action may not be the right starting point for some. After these past few years you can get more information from servicers etc and there is probably a year or less that we can have input. For a person raising children, caring for others struggling to survive it can be overwhelming. If we coordinated enough to get the homeowner message out and got our evidence out in the court of public opinion could make a big difference and shine the light on what’s going on.
I want to do this. I will go this week to court to file my motion. Tom I will follow your guide. I know i have tried filing complaints but they just keep transfering stuff around. I want to know if their is a template i could use.
Update on potential contingeny lawyer/short sale fraud, scam – LIVE
The rep sent me retainer but nothing on the short sale program. I told him I will try to stop the sale other ways (besides short sale since I don’t acknowledge JPMC’s authority etc) and for them to review my material for HBOR, quiet title or other action.
Basically the response was if I don’t act NOW I could be accused of being a squatter! As to questioning JPMC’s authority I need to know what I’m talking about! (although I sent a few archives that appear to show I know what I’m talking about)
I gave them til Tuesday to review my material. Is there an Attorney General in the house?
To clarify and see if anybody has any experience with this. I’m standing firm on not acknowledging JPMorgan as the investor/servicer and view any modification application or short sale application as doing so. CA cases clarified that negotiation in general is considered to be an “application” in terms of settlements, I recall. Chase had claimed that without a modification application they didn’t have to respond etc. I also recall that the settlements require that servicers provide a way to exit the property, such as deed in lieu. Not clear if you are acknowledging their authority in this case or if settlements allow you to exit without giving up your rights or claims under settlements.
Big problem with settlements is that authority or clean title is addressed as any other item when it should be the first requirement where all others follow IMO.
can you post the most senior name and # for your contact at the bank…I mean mob.
I will call on your behalf….put it this way….metlife went down bc of me…my bark has bite…im more agressive than larry wasden…idaho’s worthless AG….. 7 yrs of abuse and its still fn going on….jesus….our AGs ALL suck……leave a number…..email me your account ref #….trevor.hitchin@gmail.com.
Use the Force hammer……can u feel it?
(me too)
Yup…the hammer of God, truth is winding up whether we see it or not. I’ll be in touch. If they don’t respond this week in good faith, city, bank, lawyer I’m getting it all out there, no back door settlement. I’ve gone through every path by necessity or fate so there’s alot to get out there. If we coordinate and do it smart it will be good for all of us and our country. Nothing close to McCauley imprisonment and those that have passed on while waiting for justice but all the lies are there no matter what the bought off courts or laws say.
THE $6 MILLION WOMAN: INTERVIEW WITH MARY MCCULLEY
https://4closurefraud.org/2014/05/15/the-6-million-woman-interview-with-mary-mcculley-freemarymcculley/
just read a very crisp analysis of life in the foreclosure fast lane…complete w crashes…false arrests…fraud here…fraud there….I get it…I guess have ‘000s of pages…hours into this….and ÷ by $6,000….my portion of Independent Foreclosure settlement. ….. I got ‘paid’ like .27/ hr ….. and lost $4 – 500,000 In equity…my credit score…my ‘standing’ in the community….plus plus plus…..
But here is the point(s).
1. It is not over….the fight…so I will not say I have ‘lost’….they stole…I’m stealing it back….tit for TaT
2. I helped in 6 yrs of hell raising…I helped MetLife Home loans end the abuse….pay zillions in fines…..and hopefully helped SOME victims some of what they l Iost…sure most of the ‘soft settlement’ went to ‘consultants’….Rust….and lawyers….but it set 4.2 million victims up for success in the courts….we never ‘gave up our right’ to claim in the Courts….so….having already admitted to $50 million in payments to victims should help a judge or jury see the fraud….think of the 13 Bank Settlement as a black light….it shows the mess….
3. My point last week about filing a Police report is a way to capture the loss…albeit only on paper….for this month….and then send THAT report w a Demand Letter….folks….the tide is changing in our favor…..Trust on that…when untouchables start getting touched….well…that Demand letter and Police Report just may change their tone…..it is the path out of hell I must walk….come along….if you so choose… peace all….watch the Eagles doco….there are moments to stand as a white buffalo….to hold your ground…this is one of those times. Make the po-po take the report…..then get a copy….9/no Step Program. 777
Been looking into that here in LA. With added twist of city government. Going to wait on response and will hit on crime, possible corruption reports. At county level can do judicial complaints that Tom mentioned as well.
sounds like he wants to sell your house, not save it.
Always a direct hit ukg! I get into that a bit below.
THIS IS A TEST – Deal or scam? In So Cal lawyer offering contingency representation. 33% if settled before 90 days, 40 % if w/in 90 days. Only pay for filing costs. Sales pitch is need to apply for short sale program to stop sale. Separate item in retainer agreement for expenses but supposedly nothing out of pocket besides filing. (Want to see if we see same issues with this but want to see initial reactions)
The normal contingency is 33%….so the fact that he changes it due to when he can accomplish whatever is a red flag to me…if you are as good as you proclaim to be, or as smart as I need you to be, you would realize that it is better to offer a deal…say 27% if it takes longer….because truly if you are good, it should be easy for you to get the job done…therefore truly earning the extra percentage.
…and here truly is the truth of the matter. There are very few cases, and absolutely no mortgage fraud cases that would ever take 90 days or less…so to me this is a pad the pocket move for some not so great representation.
Only my opinion…
The other thing your post raised was how we are hearing that there are case settlements we don’t hear about. I have to think that with the extreme cases we have on here they wouldn’t want the bad pub. But that would be in normal world since the lawyer management won’t even look at as they’re going by script on a formula for their business model. I met with a group and they brought in a lawyer and they were impressed with all my info but in the end they brought in this officer manager type who basically muzzled the lawyer! So we’re also fighting the business model that they want volume or a short sale payoff. Hopefully I’ll email you today.
100% scamster lawyer seeking desperate people. People who have been fighting 6 and 7 years know NOTHING is accomplished in 90 days no matter who has who over a barrel. The stronger someones feels their position is the longer the discovery takes to prepare a reply and resolve the issues. We can start spouting QWR’s must be replied to in 30 days by law and filings must be answered in X amt; believe me when I tell ya its all BS.
Thank you for the feedback. Good points on their pctg. I was under the impression standard was 40% but the bigger point as you say Sherry is that they aren’t working by fair market principles they manipulate to keep us hostage.
Definitely a scam by Mark’s response. Thought we were being protected by the AG, task force etc? (sarcasm) Kind of contradictory logic when we look at pctg and length of time. It seems their approach is to take longer from my interaction with rep which would work against their pctg or like you say they are charging for desperation; i.e. if a sale is coming up you have to pay more.
I saw usedkarguy picked upon short sale tie in. Their pitch is legal actions are “free” but to stop sale and not have debt on taxes etc the only option is to apply for a short sale program.
Mark, are you saying even now results from QWR aren’t being used in courts or take too long? This is why my thinking is we need to make our cases public IF we’ve done a good job on getting info and force our own settlements until the lawyers and courts open their eyes or the corruption is dealt with.
I’m going to see if they will separate the two (legal action/short sale) and do a “simple” homeowner bill of rights or quiet title complaint which in itself would stop sale.
If not I would definitely put the scam stamp on them.
This forum has definitely grown in the last year in terms of the information and education it has provided to people who are in the start, middle or end of their dispute. I first of all would however EXTREMELY stress to everyone, DOCUMENT DOCUMENT DOCUMENT. I know it’s a pain to record/write down or note all your conversations or work but it’s very important in today’s battle. I’ve tried QWR’s with very little success. CitiMortgage provided one reply stating a QWR does not need to be answered if the servicing has changed more then 1 yr ago. I was being sued in court at the time by Citi if you look to the court documents but one of the 7 dwarfs who it was sold to with forged documents always appeared in court and judges just don’t care or apply the law even if and when it is brought up and proven with documentation.
It would be great if a court ruling could be posted and used going forward as precedent for identical cases but it’s just such a crapshoot now. For me to post saying the law is xyz and this and that is against the law and you should win based on that is not what it is realistic. Judges are not ruling on law. That is one of the sad parts about all this cases.
There seemed to be a change in responses to QWR first when the CFPB was put in and then when leadership was changed. Servicers are still playing games although I’ve had more response. Then there’s the difference betw those servicers in settlement etc. But what David has been hitting on in a way is that they are supposed to follow up if the law is broken. As far as I can tell in my case they aren’t. But I did get info I had been demanding for over 6 years, blatant lies and signs that their process hasn’t been “fixed”, so worth going through the process.
With the new law on QWR Chase tried to use them to not answer but the actual code contradicted them, as does the code for HBOR that CA lawyers seem to be ignoring.
Been pushing this a little on here as way to share files and possibly build on if you want to send email. Need to get back to Sherry as well but in catch up mode with city etc.
http://bit.ly/Si8EL5
JPMorgan Chase Bank, N.A. v. Butler, 2013, N.Y., Best Judge in the Country.
David
I think if people search far enough they would find many Judges and their family’s also have. stock in Title Companies
@ David
How sad and similar that elderly couples loss of property is too many of us.
As for Bobbi Swann’s reference to me knowing ivent or Stripes I do not know her other from this blog. And what i could see she was on the right side of history in her fight and felt badly that Bob G and Christine worked on a campaign to get rid of her.
If she is back good for her.
David,
its people like you that have our country great and free all these years since our Constitution was written. Apparently more people, everyday citizens have to continually join this fight.
My opinion is that Willam P Foley kingpin of Fidelity Title and its subsidiaries is the organizer and facilitator of all the connecting . parts of this massive fraud He is a graduate of West Point and yet when you connect all the dots between the court, the banks ,LPS Docx his fingerprint is on everything. He has done a good job destroying this nation from inside for greed
.No wonder he is now in the wine business, he can’t live with himself and stolen millions
AG Sneiderman would spend some worthwhile time investigating Foley if he wants an end to this crime wave. .
well here it is about why the judges are so biased against us in court.
regards David
source is authentic.
Log in /
Create Account
Dem Versus Dem in East Bay Con… The Water Tunnel Boondoggle
May 13, 2014 News
Are Foreclosure Cases Rigged?
The financial ties that many judges have to banks raise questions about conflicts of interest and a bias against homeowners victimized by mortgage fraud.
By Darwin BondGraham
mg_news_3632.jpg
Tools
Twitter
Facebook
Save to Instapaper
Email
Print
Add to favorites
Add to Custom List
Comments (9)
click to enlarge Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
In early 2006, as California’s real estate bubble was beginning to burst, an elderly Los Angeles couple, Fannie Marie and Milton Gaines, fell behind on their mortgage payments and received a notice of default from their lender, Countrywide Home Loans. Hoping to avoid foreclosure, the couple agreed to a plan suggested by Countrywide: They would obtain a loan modification provided by a third party, a businessman named Joshua Tornberg. What the Gaineses didn’t know, however, was that Tornberg was the fiancée of the Countrywide employee who made the recommendation. And instead of saving the Gaineses’ house, Tornberg scammed the elderly couple, recorded an altered deed, and extracted $240,000 from the property before walking away, according to court documents.
Then things really went to hell. In August 2006, Milton Gaines died, leaving his wife to battle two banks, a title company, a mortgage servicer, and Tornberg. Fannie Marie Gaines filed suit against Countrywide, Tornberg, and others involved in the fraud. Then, in 2009, she passed away, too, but their son pressed forward with the lawsuit.
The case, however, was tied up in Los Angeles County Superior Court for six years as Countrywide and the other defendants filed counter-motions and stalled. Countrywide eventually reached a settlement with the Gaines family, but the company’s actions, and the alleged fraud its employee initiated, remained central to the case against the other defendants. Further, mediation with those defendants — Fidelity National Title Company, Lehman Brothers bank, Aurora Loan Servicing, and Tornberg — ultimately failed. In August 2012, a superior court judge dismissed the case on a legal technicality: It had taken more than five years to come to trial. The Gaineses’ lawyers appealed, but two Second Appellate District Court judges denied the appeal, tallying yet another victory for the banking industry.
One of the appellate court judges on the three-judge panel that heard the case penned a dissenting opinion. “This case was one of hundreds, perhaps thousands of lawsuits that grew out of the financial meltdown,” explained Justice Laurence Rubin. Writing that he would have reversed the superior court’s ruling entirely, Rubin concluded, “[I]n my view the dismissal of this lawsuit under the circumstances described defeats the substantial ends of justice. Instead, it rewards parties who, it would appear, have played a major and unlawful role in the theft of someone’s home.”
The Gaines case was one of thousands of similar losses by California homeowners in state courts during the past several years. The legal setbacks have demoralized homeowners and their attorneys and caused them to question the integrity of California’s justice system. Some attorneys who have sparred with the giants of the real estate industry say California’s courts exhibit an institutional bias in favor of the banks: The banks are said to be too big to fail and too big to jail.
“My experience was that there was a general institutional bias towards business,” added Donald Adams, Jr., a former attorney who represented homeowners against banks and mortgage servicers during the past six years. “There was a cynicism that an individual borrower challenging a lender’s loan practices was driven by economic motivations only.”
Adams believes that the deference most judges have shown to the banks has done enormous damage to the economy. “Had courts enforced the law against the lenders the Great Recession did not have to occur,” he said. “Many of us were after the New Centurys, the Ameriquests, and Countrywides well before the collapse. Even after the economy imploded, most judges did their best to protect the business interests of the predatory lenders by cynically not wanting to let the consumers off the hook for taking out loans they had trouble paying back.
Homeowners, of course, weren’t the only parties in court looking out for their economic interests. The banks have resisted lawsuits brought under state consumer protection laws in order to maximize their profits from the foreclosure crisis.
But there’s also the issue of the potential economic motives of the judges themselves. For example, the two appellate court judges who dismissed the Gaines case had significant personal financial investments in banks and mortgage lending companies, public records show.
Judge Elizabeth Grimes, who voted against the Gaineses, owned between $100,000 and $1 million worth of stock in Bank of America, according to official records maintained by the state Fair Political Practices Commission. Bank of America purchased Countrywide in 2008. According to the state Code of Judicial Ethics, judges are required to disqualify themselves from any case in which they own stock or bonds with a fair market value exceeding $1,500.
“By the time the case came up for appeal, Countrywide was no longer a party to the action,” Joseph Lane, clerk of the Court of Appeal for the Second Appellate District, wrote in an email, explaining why it wasn’t considered a conflict of interest for Grimes to be involved in the appellate ruling.
But records show that Bank of America wasn’t Grimes’ only large investment in the banking sector. She also owns between $100,000 and $1 million of stock in Wells Fargo and US Bank, and between $10,000 and $100,000 in Citibank, giving her potentially a multimillion-dollar interest in the profitability of the mortgage lending industry.
In addition, Judge Patricia Bigelow, who wrote the majority opinion against the Gaineses, owned possibly as much as $10,000 worth of stock in Bear Stearns, an investment bank that was responsible for securitizing trillions in mortgage loans in the 2000s. Bear Stearns was bought by JPMorgan Chase in 2008. Even the dissenting judge, Rubin, had a stake in the mortgage industry, owning thousands of dollars worth of Wells Fargo stock. And the Los Angeles County Superior Court judge who originally dismissed the case, Rolf Treu, owned as much as $10,000 worth of stock in Citibank.
Patricia Rodriguez, an attorney who has brought homeowner lawsuits in multiple counties, said judge ownership of financial company stocks is just more evidence of the broader justice system bias in favor of banks and against homeowners. “In general, the judges are unfair to borrowers,” she said. “I’ve seen cases where the judge made a prejudiced statement before trial, saying of a plaintiff, she’s ‘trying to get a free house.'”
Potential conflicts of interest have been common over the past six years as the courts have been flooded with cases of homeowners suing their mortgage lenders and servicers. Forty-two of California’s 105 appellate court judges (or 40 percent of the bench) own significant amounts of stock in at least one financial company. Seventeen justices disclosed owning stock or bonds in Bank of America in 2012, the most of any bank, followed by Citibank with ten judges
bear stearns emc mortgage was given to chase for free and chase got 90 billion in tarp money to have it merged with chase. jaime dmon demanded that and the federal reserve owned by chase gave 40 billion to chase and merged it in with and chase never purchased anything
if the did it was the mortgage servicing rights and emc put up a trillion dollars worth of second trust predatory loans from the 80 20 five year arms sold by bear stearns as collateral.
these were in a trust called maiden lane I and II which were eventually sold off to bidders and mine is now with rushmore after chase and nationstar laundered my loan after i sued chase under the fair housing act title VIII 40 usc 24 cfr before us secretary shawn donovan of the us h.u.d. agency region ten fair equal housing opportunity office region ten in seattle, wa. my case was dismissed for lack of evedence bu t the principal investigator john chung a wa state license attorneyfor us hud region then told me that he was ordered t o put the evidence in his desk and not consider it and that is whathe did. he eventually refused t osign the investigative report which ignored all the evidence submitted for predatory lending and mortgage discrimination by emc bear stearns chase and chase mortgage .
if I could have found an attorney or had help fighting from the fair housing council of oreogn in portland oregon or the nation fair housing alliance in washington d.c. I would have won my case but the organizaton in portland above allegedly aided in the coverup of chase’s trillons and trillons of predatory loans by emc chase bear stearns which continues to this day.
I have been in loss mitigation for six years and never been behind or late and chase has allegedly confiscated over $ 100,000 of m y mortgage payments escrow funds and tried to manufacture a default on my three times.
I want chase’s butt in prison it is that simple
here are the four guys i want to see jailed
frank bisgnano jaime dimons right hand man
charles schwarf next in command
kevin watters ceo of chase mortgage lending
mike zsarro s.v.p defaut management grou p jpmc bank columbus, ohio
my local district v.p rob mally
and his assistants TRISTA of salmon creek waschase bank branch inside fred meyers in salmon creek vancouver was store.
best regards
david black
David
do you know the illegal connection between the NY County Land Registers office and Fidelity Title that a NY city attorney covers up for a fraud when it clearly documented in my case of ML v. Astoria Federal S & L with the Federal Seal that Federal Court had complete jurisdiction on June 30 1997 when NYSC judge Carol Arbor signed two foreclosure judgments WITHOUT jurisdiction.
don’t know anything about that Marilyn I live in Washington state I just have been communicating with AG Eric Schneiderman who has been very supportive of me and his staff since I am a disabled vet fighting t o hold on to my house despite never being late of behind in my mortgage payments. we have to accept that there is new paradigm out there that is driving all of this in the courts and the banks and their rabid bonus driven attorneys .
in some states like florida foreclosure fees paid by the banks pay the judges salary.
go figure why the judge is biased towards the banks
banks are for rich people and we just have to fact the reality now in America the rick and big corps and big banks are running everything and the us constitution courts equal protection and states laws and legislatures and u.s. congress are just their lackeys all hooked on bribe money.
but keep fighting and never give up !
regards
David f
To David f: Its stated in the OCC merger docs with CHF. You will need to go through the OCC website. I was fighting CHF for five years until last month when they changed servicer and after requesting a QWR from the new servicer, they stated a and identified new creditor, FreddieMac. After that, I asked for an assignment if there was a new creditor. They sent me a newly fabricated unrecorded Assignment of Mortgage naming another (sub)servicer as the mortgagee.
Here’s something you and Hammertime may be able to use :
http://www.judiciary.state.nj.us/superior/cert_jp_morgan.pdf
The docs say chase purchased emc loans
That is impossible since all the loans in the bear stearns
Trusts owned by bear stearns and serviced by emc mtg were
Owned by investors
The three pension funds i have documented before
These docs from new jersey case are a fraud
And a lie under oath to the court
Chase never purchased anything
It was a cover story for AN ILLEGAL TRANSFER
THE SAME INV ESTORS IN THESE LOANS SUED CHASE
AND SETTLED FOR 250 million
And eric schneiderman is suing in new york state
Again in new york city state court again for the same
Investors
So chase never owned your loan and i have letters
From chase they admitted to that in writing
Regards
David f
Chase owns the mortgage servicing rights via the pooling
Servicing agreement not any of the loans themselves
The investors own the pass through certificates
That get paid by chase when chase feels like it a money
Payment based on the tranche formula in the psa for any
Individual loan or loans pool of mortgage payments money
Paid by homweowners
Regards
David
@ David – you are absolutely right in your statement that Chase only owned the servicing rights via is PSA. The notes and mortgages under the Trust for that NBS was owned by the INVESTORS as a whole via the Certificates issued. Chase could not sell those mortgages as it did not own them. You are also correct that foreclosure fees in the state of Florida pay for the judges and the reason why there is so much bias and corruption.
hello Bobbi
if and when we can change the fundamental economics ie money made by banks o n these predatory loans tied to derivative hedge bets where chase makes up to 43x the face value of the mortgage on an underlying predatory loan with interest rates that will go to 12 percent in 9 years according to chase oh4 personnel in gahanna ohio
the fair housing act title VIII is already on the books and it bans predatory lending and offical hud policy on their website says they are banned as well.
so the law is already on the books to stop this corruption by chase and other big banks.
they have chosen to buy allegedly the entire nationwide political structure and pack the federal and state agencies with their own bank oriented personnel. and worse even pack the fed courts with bank oriented judges which is now happening in the tacoma ,wa federal court .where homeowners had multiple rulings against banks.
the point is that the banks own the federal judge nominations and appointments to the district court bench and the appeals court bench and supreme court bench and that goes for the state level as well.
it is all about money and that money and wealth is our money and wealth. these guys want it all and will do anything to get it.
best regards
david f.
thanks Bobbi for your comments
This is where we are fighting accounting,”legal” points in their court so to speak. Securitization, MERS is there and can be argued til we’re blue in the face but it won’t change anything unless you show the fraud in your particular case. To the extent that some of us have shown the fraud and are still denied due process and fair resolution makes this a civil rights issue IMO. i.e. we’ve been prejudged as deadbeats, cannot benefit and the law is in black and white as Garfield said and we’re being denied the application of the law. Separate justice system for us while investors, whistleblowers, govt get their day in court and hit the jackpot. That’s why we have to get it together and quit going round in circles.
Thanks Eugene, Will be good to cross check when CHF stopped being servicer. Basically no excuse for errors or not reviewing chain of title. Some of their definitions also will be useful.
Thx hammer i got the doc from that link
I used to read all federal anf state suits against chase home
Finance emc mortgage and that provided depositions of
Senior chase officials like mike zsarro
I was looking up their skirt and got a partial
Foreclosure chase manual from depo of mike zsarro
Of chase foreclosure default mgt group
Their attorneys are Morgan lewis and NEBIUS OF HOUSTON
TEXAS
REGARDS
AND THX FOR SUPPORT FROM EVERYONE
MY GOAL IS TO SEE THAT CHASE MORTGAGE ACTIVITIES ARE
SHUT DOWN FOR EVER
DAVID F
When CHF merged with JPMorgan Chase Bank, N.A., there was an assignment(unrecorded). It was not by “Operation Of Law” as in the Bear Stern merger??????????????????
can you send me the links that document that Eugene so I can give my attorney that info
regards
David f.
Can these issues be resurrected since these “mergers” etc were rubber stamped as the crisis was being addressed supposedly? From the CHF letter the merger was not to do harm to consumers among other requirements.
Chase already has a similar version. It’s the 1100 + pages of the FannieMae and FreddieMac Guidelines. It tell the servicer(bank) how to deceive the court(as if they didn’t know), the county recorders office(as if they didn’t know), law enforcement(at the foreclosure sale bid, as if they didn’t know) and title company(as if they didn’t know).RICO for everybody.
Everyone should read Garfield’s post today. He hits exactly on what we’re discussing and what I’m seeing personally and with other homeowners in my area. Examples:
“This is not rocket science despite the layers upon layers of paper that Wall Street throws at the issue. The simple facts and law governing loans, and secured loans in particular, need only be applied as they were written and interpreted for centuries.
If I loan you money, you must pay it back. If I don’t loan you money then I have no reason to demand you pay it “back” because I never loaned you money in the first instance. If I purchase a real loan for real money, then you owe the money to me. If I don’t purchase the loan, then I have no right to your money.”
“It is one thing to have an executed note or some other testimony of proffered evidence of a loan, and another to show the Court the actual canceled check in which you advanced the money. One document talks about the transaction while the other IS the transaction. It is the difference between talking the talk and walking the walk. Talking about Paris doesn’t get you there.”
“I commend to your reading, the short Hooker Case (Link below) and the Amicus Brief (link below) submitted by laymen for your review and study. While not exactly what we would like to see both provide compelling evidence of a movement on the bench toward reality and away from the smoke and mirrors of the largest economic crime in human history.”
http://livinglies.wordpress.com/2014/05/14/hooker-case-flirts-with-reality-9th-circuit/
may have posted earlier
@ Hammertime – I read the full article above and unfortunately I don’t agree with his conclusions totally. He seems to forget that securitization of notes and mortgages, since the early 90’s, changed the face of ownership. If I loan you money and then I sell that note I am paid in full and now you owe the money to that buyer. However, when you apply the various laws governing such transfers if I don’t abide by and do the proper paperwork that note becomes null and void as ownership cannot be validated. He (Garfield) does not seem to apply the rules of procedure when it comes to the transfer of ownership. THAT is where the scheme started and has become a monster ever since. These too-big-to-fail banks knew just what they were doing, creating MERS to sidetrack the law.
You need to acknowledge as well that I seriously doubt the government knows how many Trusts a persons mortgage is being listed in by the banks. Unlike car titles and driving off with the vehicles once I’m sure the banks have your mortgage listed in a backed security multiple times and probably sit around a table passing the bag around as needed. After all no one is looking inside or tracking anything. It would be interesting to know how many banks have been given relief on a certain property in the forms of TARP money or other programs and passed nothing onto the homeowner except a foreclosure. Mortgage I’m working on has been sold 8 times in 4 years.
@ Mark – I not only acknowledge that statement about loans being sold multiple times….it has already been proven in court several times. The banks were sooo lax (or extremely smart to think no one would be the wiser) that loans were sold and bundled to Fannie Mae and then again to Freddie Mac and God knows how many other GSE’s. That’s part of the whole Ponzi Scheme that was brought out years ago and one particular poster on this site who was ‘boo-hoo-d” for her posts around that subject. Marilyn Lane knows her and I think she’s back here on the site, but not certain. Anyway, she is the one point that pushed me to research everything and believe nothing! TARP had no backbone, no responsibility and no real accountability on their part or on the government. The acronym should have been TARR as in tar and feather….because that’s what it did to the consumer!
I didn’t agree w/ his conclusion completely either. I made a post that giving the opportunity to the banks to return to normalcy has gone by. They had their chance and they corrupted the settlements etc.Even so he’s calling people out on not seeing the basics of the law as we’ve talked about which is a change since about a year ago when he was stuck on legalism and basically that homeowners couldn’t benefit. Don’t quote me but it was that same mentality that has the public pointing fingers at us (distressed homeowners, middle class, American workers) and even us against each other,
It’s not that MERS is legal or illegal but the data is wrong! The banks change it and even our credit reports to keep the shell game going while scaring the public, judges and elected officials into believing the world will end if they are called on it.
It’s not just securitization, it’s predatory lending not just they made bad loans to bad people, out and out fraud in the form of lies. It’s not just that they sold a loan over and over again.
In my case there is no trust yet they are referring to WaMu 3, 10 years after the fact. And I have the at least one documented lie on the file sharing that no one seems to want to engage in,
hello
I read part of wells fargo fraudclosure manual
does anyone know what an e note loan is that wells fargo speaks of in that manual
best regards
David f.
uscfpb just derailed my complaints again.then they ship them to the federal trade commission for burial.seems that chase has their friends in the call center in uscfpb call center and processing complaints center in iowa. this has happened to me under the guise of duplicate complaint.one time I got them to resubmit to chase and the next day that was reversed and the federal trade commission got the complaints instead.
seems that uscfpb and the big banks are getting the feds to cover up all the complaints and the state ag’s are not submitting our complaints to the uscfpb or eric holder either and then they never get reported to congress or ellen warren either.
we may have allegedly a huge coverup going on .of all this wrongdoing and corruption at the highest levels of fed govt and the big banks. and the press is looking the other way.
best regards
David f.
copies are worthless and have technically no legal merit. if they were authenticated as true copiesof original examined by a forensic doc specialist who visited the their vault and gave a sworn oath and notarized legally with the witness nameand phonenumber and address then maybe the copy might have some value.
has to be the original
best regards
David f.
I agree but this may be when your in lawsuit mode. Anyone correct me if I’m wrong but they can provide a certified copy as a response to QWR for example. That’s when you can review if what they claim is a certified copy matches what you have or is filed in public records etc. Then it’s a different case when you’re looking at chain of title/documents and they claim they paid off loan and filed reconveyance. In that case it is required they DELIVER the paid off Note from my understanding and Chase’s own documentation.
By engaging and asking for information you can put together your own “discovery” and not be at mercy of lawyer.
how can you reconvey or deliver what you don’t have in the first place legally that is
Exactly! But they don’t want us to question it because it’s been recorded and then they say recording a document doesn’t matter. That was the significance of the settlements and HBOR that they could not record without authority or reliable evidence even if it was the case all along as with reconveyance. In CA lenders insisted that recording assignments etc were voluntary and they could fix. As of now you have to go beyond whether document is legal and question if the debt and/or creditor is valid. BUt the documents are your evidence. Speaking generally, not legally speaking unless it applies.
http://apps.washingtonpost.com/g/documents/business/wells-fargo-foreclosure-manual/879/
thanks Eugene
very much
best regards to you
David f.
now to get chase’s version of this manual and submit to irs as a whistleblower
@ David f, – Ha! Good luck with getting a similiar book for Chase. The only reason why the WF book came about is because the whistleblower is a court designated creditor, and had access to documents through the official court-ordered website for large bankruptcies. He and his team have scoured through court documents and, to the best of their knowledge, it appears that these issues have not been introduced or investigated by the bankruptcy court.
Unless you got connections like that you would be wasting your time. It surely won’t be submitted as part of discovery by the Plaintiff’s attorneys.
I submitted this to chase executives in chase bank and jpmc,n.a.and all four of their names are identified.however chase’s condu ct is being driven by derivative hedge bets on our mortgages and the feds are telling them to do this to all of us allegedly in order to save the economy.
regards
David f.
dear sirs
this message is for mike zsarro s.v.p and kevin watters ceo and frank bisiagno and Charles Swarf
this request is for a copy of chase’s foreclosure manual which may be similar to the one attached for wells fargo. this is a legit copy sumitted to IRS under their Form 212 whistleblower program
I want all of you to sign the manual as being authentic and send it to me as a JPMC stockholder within calendar days in pdf format to my private email or by usps mail on a flash drive.
if necessary I will do to the board of directors to get this info for which I am entitled.
I also request of all of you the complete list and copies of all doc images in jpg format on the same drive submitted to outside counsel and/or internal counsel and the name of your photoshop employees or contractors.
see attached
david f.black
Way to go David! Hopefully you’ll get results. There is some pushback as Dimon wanted even more of slap in the wrist and full immunity. People like Sen Warren are listening so we have to keep letting them know what’s going on.
hi Eugene
what else should I ask for from chase. I can ask for anything I want without going to court as a jpmc stockholder.
will consider suggestions for doc requests from all of you .
best regards
David f.
May have a list. I was just looking over the OCC/CHF approval Eugene provided. There may be some issues there.
hello Hammer
can you send me that occ/chf list that you speak of. I never saw that post fro m Eugene
or could you send me the link. I want to see the foreclosure manual with chase’s name on it and all of chase’s internal procedures that mike zsarro s.v.p of chase fraudclosure unit spoke of on deposition on another case.
the manual that Eugene sent me speaks of hamp exhaustion remedies being fulfilled guess that is whychase bugged me for amonth via phone and email and usps mail and my attorney as well. they had to b e able to put that I their computer.
this manual has screen shots of the automated foreclosure process.
in my case I applied for HAMP I was told I was approved in 2010 and then that was cancelled by chase and that cost me more than $ 45,000 in higher payments as a disabled veteran on pension from the U.S. V.A.
cant figure out how they can assert that I and chase exhausted m y hamp remedies when they cancelled it to milk me for more money. my payment would have gone down $ 925 a month and I was fully qualified.
regards
david
but this is a wells fargo manual and I understand that chase uses the fannie mae and Freddie mac foreclosure manual.
thanks
Hello David. this should be the same link as EV posted
http://www.occ.gov/static/interpretations-and-precedents/may11/ca996.pdf
Not sure if manual, or whistleblower case will result as Bobbi says but there may be something there in the statutes these letters refer to. If we work as a group and do the research who knows. That’s what Szymoniak did purportedly but then a homeowner was allegedly screwed.
Did Michael stop posting news on this site as it’s turned into a blog for the past month or so? Anybody know why he has stopped? Did the feds throw him in jail? Seriously??
@ldynps – They are still posting. I’ve seen 2 or 3 the last couple of days. Maybe they lost some of their advertisers….these sites don’t run for free and I’m sure it does not pay his personal bills if he loses advertisers so he probably has another job. Besides that, there’s been a lot of downplay on the whole foreclosure debacle by the news media. I commend Michael for his job here, but like all of us, he has to survive.
the Wells Attorney manual is your smoking gun for your RICO claims, as they literally put the racketeering plan on paper for all to see. get it in your pleadings, file motions to reconsider, file new RICO suits if you haven’t already.
can any one help me with some sample pleadings for Florida for punitive damages, compensatory, ect my spouse had a heart attack, going after the plaintiffs we prevailed, . PDF or word file are the easiest for me. What are rulings for fraud to the court for false, and fraudulent documents? what do I do with a QWR that for over 5 years has not been responded to my last communication, it was the second request.
I believe you have 1 to 2 yrs to file a complaint if they violate QWR/RESPA law. There’s a fine and possible damages. Something we’ve probably all failed to push and why we need to keep filing complaints.
In general and we have to see how this applies to fraud manuals etc it seems they may try to say it’s all part of the robosigning, settlements they supposedly dealt with. As of now it seems we need to show the debt is invalid or harm done. Not a lawyer of course.
I would review Garfield’s article today to get the big picture
http://livinglies.wordpress.com/2014/05/14/hooker-case-flirts-with-reality-9th-circuit/
Anyone have a link to get the wells fargo
Foreclosure manual or knows how to get
A copy
Regards
David f
http://www.msfraud.org/ny-judge-in-largest-bankruptcy-case-in-history-receives-irs-&-sec-whistleblower-filing_4-14.html
I am wondering Why this issue is not being discussed on this site? This is the first evidence of the Manual from Wells Fargo giving the step by step instructions to the lawyers on how to forge whatever documents are necessary to foreclose? It’s the smoking gun for homeowners under attack by Wells Fargo?? Is no one reading it or understanding it’s importance? What gives here foreclosure fighters?
@ldynps – I don’t think it’s that anyone here is ignoring this. That hearing is scheduled for May 15th (tomorrow) on the RICO case. This was introduced as ‘evidence’ as well as being filed as a whistleblower case with the IRS. The bankruptcy judge will have to rule on the evidence first at the hearing to let it be entered in as evidence. Unless he does, that portion of it will be useless. However, on the point that it was submitted to the IRS under the whistleblower program with their investigation it may provide the same evidence to be used in cases across the country. I would, however, confirm this all with an attorney as I am not one.
I forgot the biggy on my call with Chase below. I told the rep about the verification of paid off loan at closing. She said she saw they sent me a copy and “what else did I want”. I told her they needed to send me the original paid off Note. She responded they only send copies. I told her that Chase sent me a letter confirming by right they are required to provide the original. She said she would have to see the letter.
Wells Fargo sued chase for not having original promissory
notes
they don’t have them
regards
david
So far I have WaMu, BAC, New Century tied to that note so who knows. Would be good to check that out for how dates etc line up. Would be interesting to see what SEC/stockholder info has to connect all the dots.
Cant endorse what chase didnt have im the first place
Respa fed lae says blue ink original promissory
Note stays with lender and or servcer
Thus forgery is only option
For chase and others
Copies have no legal standing since lenders could
Easiy create false debts
Regards
David
Does the Note need to be dated? The Note in our case isn’t, but I understand that’s ok with UCC. Neither the original Note (copy of it) nor any of the subsequent indorsements are dated.
This where things get screwy. They want to say if there’s a reconveyance filed there’s nothing to worry about. But a reconveyance requires that the Note be returned marked paid and that it reflect the rightful beneficiary, lender and the amount of the transaction I believe. So even a reconveyance can reflect fraud.
@ k I’ve heard different things as well as to dated endorsement. I believe Sutter’s presentation makes a point but not sure if “legal” requirement. By asking for copies etc I can show that endorsements changed per their own purported certified copies so that could be a way to challenge validity of dates and authority. I’ve never seen an endorsement with a date. Anyone have an example?
just spent 20 min w Trevor of sec investigations (same name)..reported jay me and steven….little boys stealing other people’s american dreams….sec are the pit boss….i’m an honest player wanting a fair game…no more…no less. 777
good for you I hope something comes of it. the last time we all complained to the SEC their whistleblower employee told the press they took 9,000 complaints against wall street and sent them to the national archives to be burned and covered everything up.
regards
David
go Trevor
one of them was my complaint against emc bear stearns and emc chase bear stearns.
that was then….this IS now.
is:is portal open….china in the wings….watching. . .
magic just is….watch them fall…this fall…like magi”C”.
That was funny seeing your and David’s posts. I was just on the phone with Chase Execution office.
Something like this:
CH – we’re responding…sending letter blah blah blah
ME – I was hoping to have an answer on specific issues
CH – What blah blah blah issues? Do you mean new offer considering $5,000 waiver
ME – What? There was a $500,000 forgiveness offer, no waiver, that was misleading since property could not be in disrepair although Chase was aware of City repair issues.
CH – Oh yes read something like that, what issues did you want addressed?
ME – Valid debt, lack of standing, City actions…
CH – (in a huff) Well see there’s at least 6 issues that I didn’t get from your letter, it has to be organized, point by point
ME – Chase has had months, years to address, I have sent numerous letters and attachments to Chase and the CFPB
CH – I am answering your letter will be in mail, if you want to you can fax your attachments and send a new request
ME – Will need to email since we’re talking about years of documents. At this point I will probably have to take action due to pressures on myself and the property. I would ask that you consider the time to respond to letter and postpone upcoming sale.
CH – We don’t give email. We don’t postpone sales to respond to letters. Unless you apply for a modification
ME – As I’ve said I will not apply for modification until the standing, debt issues and harm done are addressed. My understanding per the HBOR is that a modification isn’t necessarily the only consideration.
CH – That is per our lawyer’s understanding. Good day.
ME – Good day!
Also some back and forth on single point of contact requirements, compromise to work together for interest of property, reduce harm done etc.
Looks like it’s time for another CFPB complaint!
I won’t talk to them anymore
lawyer thinks they are assailed
like I do
Chase n fed reserve pay uscfpb to
not do any enforcement of us fed banking
Laws
regards
david
Thinks chase oh 4 personnel
are a holes n intentional bad people
under mike sparrow Sep n Kevin Walters ceo
I have listened to that bs exec office routine as well.
next time ask them if they are part of the default management group under mike zsarro s.v.p. of chase. or if their internal mailstop is OH 4 or if the are in Gahanna ohio or if the ywork with the following people
joe shea Vicky hall e.j. reed evita clowney’
whoever you talked to is not telling the truth.
sc 1 is another group in allegedly south Carolina
best regards
David f.
Subject: Attorney General Holder: You said no bank is “too big to jail”. Prove it starting with Wells Fargo.
Hi,
I signed a petition to Eric Holder, Attorney General which says:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
Will you sign this petition? Click here:
http://petitions.moveon.org/sign/attorney-general-holder-3?source=s.icn.em.cp&r_by=4316001
Thanks!
thanks for the opportunity…signed and sealed. wink.
Signed! Thank you hammertime!
Hopefully everyone who is active on this board, and those who are like and watch from the sidelines will sign it too.
Quoted:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
Will you sign this petition? Click here:
http://petitions.moveon.org/sign/attorney-general-holder-3?source=s.icn.em.cp&r_by=4316001
All of this has already been done…with having six years of fighting the forged mortgage we also have many more documents (which truly sucks for the bank)..different set of lawyers…right hand doesn’t know what the left hand has done…I have developed a time line that you all might find very interesting…http://1drv.ms/1iL3O2j
SHERYL…wOw….rymes w oooww….this wilk hurt the banksters and help turn 7 yrs of chaos into a 20 min…read this and weep activity….einstein said brk it dwn all the way…but no further…you have..thank you.
grade: A
Xtra Credit: for sharing….A+.
…….’you have high score’…. SLS 305,700
they made a game of it…..our turn.
A WHISTLEBLOWER CHASE EMPLOYEE FROM OH 4 I GAHNNA, OHIO 614 AREAD CODE JUST SENT ME THIS PAST SATURDAY MY FIRST FORGED DOCUMENT PHOTOSHOPPED IN THE MAIL AND SINCE I TOLD THEM TO STUFF THEIR MODIFICATION UP THEIR PLACE WHERE THE SUN DONT SHNE PER MY ATTORNEY CHASE SENT A NOTICE THAT THEY DENIED MY MOD REQUEST WHICH I NEVER MADE IN THE FIRST PLACE AND PUT A WARNING THAT I BETTER NOT IGNORE FORECLOSURE NOTICES.
SEEMS THINGS ARE GETTING PERSONAL BETWEEN CHASE AND I
SO I FILED A FORGERY COMPLAINT AS A STOCKHOLDER WITH JPMC BANK SINCE THEY NOW ILLEGALLY OWN MY PREDATORY LOAN ALONG WITH ALL THE OTHER ILLEGAL PREDATORY BEAR STEARNS LOANS AND FILED A FORGERY COMPLAINT WITH THEM VIA ONLINE WEBSITE AND ALSO WITH THE USCFPB.
MY WITNESS THAT IT IS A FORGERY IS THE OREGON ATTORNEY GENERAL OFFICE IN SALEM, OREGON PRINCIPAL INVESTIGATOR .
REGARDS
dAVID F.
THANKS TO ALL O FYOU FOR YOUR SUPPORT
AND BOBBI IF YOU WOULD LIKE TO CHASE NOTES ON CHASE PRIVATELY PLEASE LET ME KNOW I WOULD BE HAPPY TO DO THAT.
I ALREDAY SENT THE OCC MEMO YOU GAVE A LIN K FOR TO CHASE BUT iT DOESNT SAY IF THEY ACTUALLY PURCHASED THEM FROM THE INVESTORS. I KNOW WHO THEY ARE AS IN THREE AFL CIO RELATED PENSION FUNDS ONE OF WHICH is boilermakers and blacksmith’s union pension fund in Kansas city Kansas or k.c. Missouri. not sure which and they have a website
now if chase says they purchased the bear stearns loans from the investors then how come the new York AG eric schniderman is suing on behalf of the investors again for a second time chase bear stearns trusts if chase has paid them off. DAH something is amiss.
I have asked chase as jpmc stockholder for cash receipts with account numbers and ach payment stubs for all payments to the investors that did own my loan . but all those loans were extinguished in the alleged merger with jpmcb from chase home finance.
best regards
David Black
Excellent…like that “document refers to recorded mortgage in the future” there’s a spoof there somewhere. Exactly right hand doesn’t know what left is doing but it’s even more than that when we look at the money flow i.e. playing dumb while they laugh all the way to the bank! Themselves over and over again. It takes some skill to get this done while lawyers want to charge us $350/hr to read a document. I believe Bobbi Swann made the point we need this type of approach and we could take it further with other timelines, graphics I’ve worked on to help others lay their cases out and hit social media. I’d like to review some ideas if you’re open to it. You can send me an email here http://bit.ly/Si8EL5 Thanks!
If my work helps anyone I am very happy….this has been the longest, drawn out debacle of my life and if I can save people some tears and heartache…I’m game 🙂 my email is mortgageforgery@gmail.com 🙂
Great! The creative juices are flowing!
A Bobbi Swann
I had Abstracts done on my two properties when I bought them
Npw that this massive fraud has been perpertrated on sooooo many of us, we have a bigger base to fight back. We are getting older but stronger. God forbid any of us go, what powerful entity will
perfer to have the property in their names and for their use than the Banks, Title companies or judges?
Yes we have the base and the proof and the admissions. We have to get officials and your “average American” and the rest of the 95% of homeowners on the sidelines to get their heads out of the(their)….sand!…???
Good Luck on filing any fraud complaints with the Law…My experience was the Police, the District Attorney, the FBI and Secret Service could care less…I was shocked. Again, there is no justice if the law breakers are the banksters!! Don’t waste your time. File a lawsuit and file your own evidence to prove your Causes Of Actions. Then the banksters have to prove the evidence. You have somewhat more power as the Plaintiff….just sayin….
That’s the catch 22 though if the judges etc are bought. Not doubting you since I’ve seen this with local officials and even non profit lawyers don’t even know what the homeowner bill of rights says. But there have been changes and have been wins. Were your judgments before settlements, HBOR? What Tom and I have been pushing is working as a group and that’s not getting across and looks like Tom has disappeared and isn’t returning calls. Wee need to build pressure and get “discovery” before taking court action IMO although for some of us it’s been out of necessity and the settlements were supposed to provide some due process that’s been corrupted. As Marilyn is saying the base is there to put public pressure on if we can survive and then get our act together.
chirp….chirp….. china h8s fraud….china h8s jay me…..china h8s lil stevey….fretlife…
china ♡♡♡♡♡♡♡s ‘zilla…..dragons are cool….except when they’re on fire…
serving small bowl of piping hot alphabet soup:
DAs + FBIs + PDs + SS are ‘privately’ meeting w men in black….they are having the $t Xplained to them in back rooms….they are getting ‘reprogrammed’….to cuff/stuff the big dogs. If the 1st warning fails to bring rapid tidal reversal..read: fails to calm the dragons of the East and West….then come the greys…..xfile shhhhhh……t…..a warning should suffice….’a visit’…..my bad…not a warning…not a threat….more like an ‘introduction’ of sorts…..all part and parcel to this….our collective battle royale du ‘star wars’. Good wins. Spoiler alert…..
agreed David abusive cops….corruption central…to be crystal clear….I suggested going to Police for Paper and Procedural evidence…only … it takes 14-21 days…costs about as much…then you can take a copy and send w demand letter to each party involved…collusion/collision….this DEMAND for payment must be made before civil court…30 day window…then file.
‘your honor….our client…FretLife would have paid trevor $33 million but he never asked……’…nope.
Ps….. you will then see IF your locals dics have the right/wrong Stuff….plus you will feel better….trust me… 777
do it……for yourself.
Bobbi Swann
Going to cops here wont work
The whole system is shut down at the state and federal level
Big bribe money being paid is my guess and the power dont care
Going to courthouse to get copy of note and mtg. Can’t wait to see what the note details. Albertelli law. Bunch of thug attnys. I always see the same attny running by the 2 courtrooms and always has a snarled attitude. They hate when the homeowner shows up for court.
This mortgage has been avoided, so no….due to the forgeries…we never got into the other frauds involved with the actual mortgage.
You can still sure them in court under that premise. I mentioned before you could do it as a ‘countersuit’ under the present one for the unsecured debt. That countersuit would allow you to bring into court the ‘mess’ with the mortgage fraud.
That’s exactly what I want to do…just trying to get it through my attorney’s head…who cares about the blue ink note….the fraud is in the original assignment of the note…as this timeline shows (http://1drv.ms/1iL3O2j)
Call again, and again. There’s a phone number that will connect you with a live person during business. Did you check your county register’s office to see if there is a “satisfaction of Mortgage from MERS.”
Call MERS by phone and they will give you the number.
I couldn’t get a hold of a human and the automated system tells me the same as the website…there is no evidence that this was a Mers transaction outside of the fact that it is on the Corporate Assignment of the mortgage/note….so they can just throw that name MERS out there and it not be actually registered….that’s just one more log on the fire…although I don’t need to prove this I would like to add it to my arsenal…
@ Sheryl – file a QWR (Qualified Written Request) to the servicer. In that letter request all copies of assignments, loan numbers, trust agreements, mortgage-backed security agreements, mortgage and promissory note. Make sure that you send that letter in a form that they have to sign for it with a return back to you. If they don’t respond, you can file a report with the CFPB (Consumer Finance Protection Bureau). Keep copies of all that you can present in court to the judge. And follow up should you have to file a complaint to the CFPB!!! Demand answers!
That just shows how screwed up all these property records are for someone to get away with recording a lien and the bank paying them to get a clear title. The chain of title is broke and like you say stealing the house is truly the cover up. That person must have worked for someone in the mortgage industry and had some kind of inside information
This is unbelievable! How’s this any different than what banks did to us. Just substitute Moskovyan for any bank and the type of docs.
“It is alleged that between April 2010, and June 2012, Moskovyan committed numerous sophisticated fraudulent acts of various types throughout Los Angeles County. Those fraudulent acts allegedly included the following:
1. Moskovyan identified real estate properties that were scheduled for tax lien sales by the Los Angeles County Treasurer and Tax Collector’s Office. Moskovyan then recorded forged Grant Deeds at the Los Angeles County Recorder’s Office transferring ownership of the properties from the rightful owners to herself. She then filed claims to receive the “excess proceeds” from the tax lien sales. In other words, she fraudulently claimed the rights to receive the money left over after a property is sold and the tax liens were paid off.
2. Moskovyan recorded dozens of phony Mechanic’s Liens, for painting work which was never done, on the titles of real estate properties which were in foreclosure. Several financial institutions paid Moskovyan to remove the fraudulent Mechanics Liens in order to clear the titles so the properties could be foreclosed upon and resold.
3. Moskovyan fraudulently transferred the ownership of two real estate properties to herself by recording forged Grant Deeds. She then applied for, and received, loans using the fraudulently obtained properties as collateral.”
“For more about the Los Angeles County Department of Consumer Affairs, whose Mission is: “To promote a fair and vibrant marketplace, we serve consumers, businesses, and communities through education, advocacy, and complaint resolution,” visithttp://dca.lacounty.gov.”
http://www.bloxtrade.com/sophisticated-real-estate-fraud-uncovered-in-socal/
Leder according to my closing HUD stAtement was no Morgan chase bank, na 4919 memorial hwy Tampa florida and yes my neighborhood is in shambles thanks to these banksters. House next door is in all kinds of disrepair including a pool that has never been completed, a breeding ground for mosquitoes and get this it is a Fannie Mae homepath property and the r asking 315k. It’s not worth half that. Property across street is foreclosed and the old owners are living next door under an alias so the bank won’t come after them plus they r trying to rent the house out and it had alreAdy been assigned to Fannie Mae to auction and I’d 2 months away from auction date and the old owner is still trying to rent it. Close to 50% of neighborhood is now rental and blackstone(ie. invitational homes) has tried to snag as many foreclosure a as they could to rent. I am a few blks from beach. That’s why I don’t care anymore. Neighborhood has gone to pot and u have to wonder if ur neighbor will rob u. Everyone about in s fla is on the take. This ace is a jungle with big gorillas.
Wow…your neighborhood sounds like a poster child of what I’m talking about. I don’t doubt it as the same thing is happening out here to some degree. The City went after me for minor repairs while purported bank owned properties even in beach areas were being allowed to fall apart. I think someone sued for west nile virus in high income neighborhood.
Here’s a good tool I forgot about to see property records. Looks like in FL you aren’t charged to search. LA county you only get to see a couple of pages, I did a search on mortgages since mid April and looks like Hillsborough Co is infested with MERS!
I looked at a record with JP Morgan Chase as mortgagee. Defines JP Morgan Chase N.A. as “lender” in the first paragraph. Then there’s a notarized copy defining them as lender with NMLS ID 399798 which could be a new thing. Address is Columbus, OH.
I then looked at ’06 records and there from sample I reviewed mortgages with JP Morgan Chase N.A. (OH address) and Chase Bank USA N.A. (DE address)
This verifies to me that they are different “lenders” with other questions with CBUSA I’ve put together.
See what comes up on your property. Select county and then you can search by name or date I believe.
http://publicrecords.netronline.com/state/FL/
text in mortgage refers to lender on Note (being the same)
@ LMS- you got that right about south Florida! It is worse there than where I am in Pinellas/Pasco. Sadly, the bigger the metro area, the higher the ‘paid off’ judges!
This is a joke but I will do a qwr. The banks attorneys already have filed “original” copy of note and mtg. It will be intersti g to see if what I request matches up. And I know that the bank got their copies from my previous attorneys. It was real funny how the “original” note and mortgage showed up after I got tired of my attny’s milking me and told them to get lost and suddenly the note and mtg pop up after I had provided copies to my attorney when I first hired them. It’s one big conspiracy to steal your home
I see it as stealing the home being the coverup. That’s why as David/Trev in their own way say possession is 90% of the law. When they get the homes they can care less how it or our neighborhoods end up and now we have new bubbles going. My property could go at nearly $100,000 more than when I made my loan in ’07. Weren’t we blamed for making that happen?
Any who so what version of Chase do your copies say is your lender?
what good would it be for a title company to only search for 7 years if it is mandatory that a search be 30 0r 40 depending on the state. Another way to try to trick us all to give up.
The bureaucracy is one of the rabbit holes then MERS etc are another branch of the rabbit hole. But like all mazes we need to step back and figure a way out or not get trapped in it in the first place by calling out their lies and misrepresentations. So the title companies are part of the problem esp if they were paid off by the pretender lender etc. I would rather use the law to get the copy of the Note or pay a third party title company to do a complete audit.
@ Marilyn – A title ‘search’ is very different than an actual ‘abstract’ of title. An abstract is the one that is done spanning the life of the property and very, very expensive. Title companies will do a shorter search that is less expensive and shorter period of history. They do insure the title against (certain) defects. Record retention has both federal and state implications depending on the type of business, but for the most part title companies fall under a 7-yr retention period. Nowadays, though, they are scanned and saved on disk.
Basic Owner’s Title Policy Coverage:
Clear title to the property
Incorrect signatures on documents
Forgery, fraud
Defective recordation
Restrictive covenants
Encumbrances or judgments
I’m not absolutely sure that such owner’s policy does cover a broken chain of title; however, in my opinion it would fall under “defective recordation”. Just my opionion.
Good info on Chase shell game. Bottom line is don’t accept Chase simply as Chase. The woman who approved the “Chase”(JPMC?)/WaMu sale, or some part of it or some merger, was forced out of the OCC and ended up in a cushy Wall St position. “Chase”‘s web site used to have a section on mergers that seems to have gaps.
who mentioned Title companies only keep title papers for seven years, can’t be- since all states must do a mandatory 30 or 40 years title search. .
I’ve heard the same thing that title company only keeps individual files 7 yrs. You do have title plants where 30/40 yr searches are done as a service I recall in past yrs in real estate.
Chase Home Finance, LLC merged with JPMorgan Chase Bank, N.A. on May 2011.
http://www.occ.gov/static/intrepretations-and -precedents/may11/ca996.pdf
Google it.
your link doesn’t work maybe because you missed the tail end of the full link
please correct
David
yesterday I received from chase whistleblower employees in Columbus ohio at chase mortgage or finance or whatever it is called oh 4 is their mailstop but that is the default management group headed by mike zsarro s.v.p of chase since 1993. they are actuall y Gahanna ohio 614 area code.
yesterday in the mail I got my first photoshopped forged document by chase and from chase. it is the TILA doc for the second mortgage that had the demand feature checked. the Oregon AG has a copy of the same TILA doc with no demand feature checked that they got from Nationstar that chase handed over the servicing to years ago.
I have already filed a complaint against chase with uscfpb for this alleged photoshopped forgery. am sure there are more just haven’t scrutinized the docs enough. thanks to Eugene about the heads up on the merger since it is the final piece of the puzzle on how chase extinguished all the old loan numbers from emc chase bear stearns loans. now what if that merger also extinguished all the wamu mortgage loans as well.
met life happened later so that doesn’t apply.
regards
David f.
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the (alleged) Lender. A copy of the current Note is a plus.
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
http://www.occ.gov/static/interpretations-and-precedents/may11/ca996.pdf
hello I just posted this to my attorney and to chase via website at chase.com for my unilateral loan that chase created with new loanterms and higher interest rates al l of which was illegal since it is predatory loan being serviced by a predatory lender and servicer.
best regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
Look at the OCC website for the merger documents. Were you noticed of the servicing transfers ? I’m only familiar with Chase Home Finance, LLC & JPMorgan Chase Bank, N.A. Bears Sterns is another bucket of worms. Mergers involve Purchase and Assumption Agreements and other good documents.
In a merger, one entity disappears and the other prevails. EMC may have merged with____, Bear Sterns may have merged as a “matter of law” or something like that because the government forced the merger??????????????
I just posted this to the uscfpb and got a case number. it should go well with chase morning joe and doughnuts Monday morning.
regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
Yes emc noticed me
The fed reserve did the order to merge
And gave 35 now 90 billion of tarp bailout money
To chase jaime dimon
David
Chase Home Finance, LLC “merged” with JPMorgan Chas Bank, N.A in May 2011 as per OCC with all sorts of agreements on record.
They merged jpmc snd company
Not jpmc n.a.
There is a big legal difference
Your comment is wrong
Regards
David
With jpmc and company
‘do you have an example?
Yes…..feel free to file a Freedom of Information Request…
I filed my complaint w Boise Police Department. ..fraud division…
I claimed false docs…robo sig…collusion. ..RICO…the works…thetruth…it will be Exibit 1. if necessary. ..
Agreed about typical CA messes..considering we ARE the class and I did press for a $Billion + Settlement already…we have em on the ropes…this approach would terrify both banks…they ‘know’ me…they know if I lead I go till one of us is not standing…i’m food and home insecure but I think 7 yrs is long enough…we got this one…I can pedal bike to the Court….I’ll even send a claim letter on behalf of Our Class to Steve and Jay Me…. Ill scan my police report tomorrow.
Hi I am in a foreclosure. My loan was made with Ditech. I have a full reconveyance filled at our
local court house. Gmac / dba ditech is now out of business. I received a settlement due to the
fraud process in their first attempt at foreclosure. Now gmac has sold my said loan to 21st mortgage, and they are attempting to foreclose. This process is very illegal. Is there anyone
out there willing to take this case? I have all documents on hand.
You have a reconveyance on loan they are trying to foreclose on? That could match up with people saying they paid off loan and were foreclosed on but usually banks say it’s an error. Not lawyers here but sharing information we find unless there’s a lawyer reading and participating. I’m revewing a lawyer referral service if you want to email me here
elsa.carter-6yyl2g2@yopmail.com
Have to get note. Being sued by JPMC. I wish I had note. Am going to start with the addresses u referred me too. Have all my old statements and they were chase home finance(servicer). I was told by previous attny that chase and Fannie Mae were both trying to claim ownership. But I think they just use Fannie as a front to allow them to pull all their crap(stall for loan mod like the investor won’t modify and the like bs). Chase is hiding behind Fannie to protect all their wrongdoing
Do you have the homeowner copy? You can check that and see where in the Note text it says who the lender is. It seems even lawyers assume automatically Chase Bank and JPMC are the same. Then check date. I believe JPMC claimed they merged with Chase Bank around time of WaMu sale late ’08. Unless Chase Home Finance originated? Then there were questions about them and there was a merger or bk in ’12 possibly. Current copy will tell you if it’s been endorsed or if it’s fabricated copy.
please all…..if you have been rolled by Jay Me Diamond (of Chase ’em to pridon) and or Steve Kandarian (of FretLife)…join the 9 step program…..step one …realize that we have the Class Action of the Ages…here is what we are going to do……fire w fire….goes like this.
Everybody who wants in MUST file a police report w your local…that is your ticket in. Send me a hardcopy…..$20 max…
They play for 43x face value….THAT is the number…..we ‘bundle and serve’….as a Class…
still ‘wit’ me? So for me….it goes like this:
Plaintiff #1
$249,000 × 43 = $$$ht ton…
Plaintiff #2
$353,000 x 43 = $$$hit ton….
………..
Grand Class Total = big #######
We send ONE demand….then…31 days later we file…as ONE….w our Settlement Number….x THREE for a fair resolution in Court…oh and a side order ‘deterant theory’…for the next guys and girls…if only 20 of US….right here…us guys…..we justify the claim w their own calculus. …their own figuers….the Class Claim would be $1billion….or $3 billion…..come this fall…..now divide by 20…..either scenario you/we win….before Christmas…..hmmmm…silver bells?….nice ring to it…..
Send me your PoPo Reports…by July 4. No extensions……no exceptions…boat leaves on 7/4/2014. Send me the report and the face value of your Loss…..just the principal. ..just the facts…ill bump it up from Boise….4th District Federal……w honors…w pleasure and press….full court.
16% after taxes and fees goes back to the next pool of fighters….no exceptions.
909 NORTH 15th Street
House if the Rising Sun
Boise, Idaho 83702
United States
……..’send it in…..’ 777
Interesting approach. Class actions seem to be full of problems though. If we form a group I’m thinking we can do smaller group actions. Also of filing criminal complaint. Do you have an example?
@ Trevor David – how are you going to use Police Reports from all around the country for a filing in Idaho? Anything outside of that county would not have precedence for a lawsuit. I don’t know even if filing with the 4th District Federal court would take into account those reports from everywhere else. Have you knowledge that this is allowed to be brought in as evidence? I will be glad to get my report filed with the Fraud division of my local police department if you know that it can be accepted.
Hammertime
Was your assignment recorded in public records? If there was never an assignment. Then I would think your original lender still is. If MERS was involved there would still be a recorded assignment I know MERS was created to avoid certain recording fees. Originally chase was the note holder because I signed the note and mortgage with chase as the lender. That’s why I believe they have always held my note and mortgage. If chase would have transferred the note there would have been a recorded assignment and there is not
That’s where the rabbit hole starts or continues. Chase Home Finance was the servicer on previous loan then I made a “new” loan I was told I needed due to the crisis with Chase, with Chase Bank USA as the original lender on the Note. Late ’07 there should have been no mention of MERS or WaMu. WaMu error got me trapped in a high payment 2/28 loan in ’05. In my case the problem goes to broken chain possibly since ’04 or before. I was told i would not have any title issues even though loan was at 11% because I was not with a sub prime bank or loan being with Chase. Things got bad real fast and asked them to change the loan and the rest is history. they claimed an investor would not allow the loan to be changed. Then they claimed that they as JPMorgan Chase is the investor. So there’s 2 tracks are they who they say they are and if investor, payoff where’s proof of payment. In CA Chase says they don’t need to record an assignment. The question then is why did they. In my case i don’t believe the loan was closed as described on documents or as presented to me.
When you research Chase Bank USA it is possible to conclude they never made my loan. To top it off one of their reps said they didn’t pay off previous loan since it was WaMu or a refi!
In the end you have to go beyond the documents and ask how they show what happened to the debt. That along with how they mistreated us when we tried to resolve our issues.
There was no endorsement from Chase Home to JPMChase on Note copies until late last year although JPMC claimed to be beneficiary then investor since late ’08. Somehow copies no longer show the endorsement. The assignment that JPMC claims has problems with trustee supposedly representing Chase Home.
There are no assignments as to MERS and previous loans which is why I’m questioning CHF claim to be servicer and the purported payoff. Chase actually admitted they deliver paid off Notes BY RIGHT which they did not do for the ’05 loan. This is why the delivery of ’05 loan is important and i didn’t accept that reconveyance was all there was to it and it was “good for me”. Have letters on file system I may have invited you to.
So it goes beyond the fact they avoided fees with MERS, to me the bigger issue is they put in any information they wanted or it was completely messed up. There’s where we go beyond stopping sales and asking who has the money and the real debt.
When you say Chase originally held your Note you need to break down who Chase was, claimed to be and how does that affect your debt to whichever entity you really owe. Issues come up to allow you to question the transaction when you start getting the information. I guess the point is it’s not going to come out the “right” way if the chain of title is broken or the debt is being misrepresented. Which is when you get to the TARP,insurance etc issues.
I was able to get this info without a lawyer but with good lessons from paralegal and others which is why we can’t ignore use of settlements, CFPB etc.
Hope that makes sense and didn’t go too far down the rabbit hole.
Sheryl, how did you check the status with MERS? (website?) Thanks, JD.
I went on the MERS official website and searched every way I could possibly search our our property…by name, address, social security numbers…I have even tried to find the MERS number, however, I have a fifteen digit number, however, MERS is suppose to be eighteen digit number…the format of the number that is on my document is the same format, less three numbers…:/
Try leading or trailing zeroes to equal 16 digits
Or 18 digits
@ Sheryl did you ever check what MERS had on your property?
Just did that today…they have absolutely nothing…yet the assignment say Mers as nominee for world wide financial assigned our property originally…now how can that be and yet there be no evidence of it on the MERS site…
That’s one part and it should show MERS as nominee on Note or mortgage? (Deed in CA) It would have been good to see if it’s changed as mine has over the years, still there seems to be a broken chain along the line just in your MERS issue. So if the guys claiming you owe them aren’t on the original Note then don’t admit the debt to them until they prove it with all these questions. It would be interesting to see how they would react to a strong cease and desist letter.
You can see a in my presentation, in the assignment of the mortgage and the note (the Corporate Assignment) it clearly states that the original assignment was from MERS…yet MERS site shows nothing…the evidence is outrageous…:/
In CA as far as I can tell from my docs the Deed of Trust includes a paragraph that MERS is acting “solely as nominee…” then that they are the beneficiary, think that’s where they get in trouble. There is a MERS ID also printed. This was on my ’04 loan which was supposed to be paid off and I should not have heard of MERS or WaMu since. Not so of course. A MERS official signed off on a Substitution of Trustee on first foreclosure attempt in ’08 and that’s when the questions started. Chase didn’t acknowledge the present “loan” was NOT a MERS loan until ’11 or ’12. They then claimed they could re-do the SOT. They are now claiming ignorance until late ’13 with other suspicious MER entries. I also had a corporate assignment blank form so I would check your note and mortgage. If MERS isn’t on there per my experience the assignment is invalid.
@ Sheryl – WOW! Now that’s a BIGGIE on the assignment…..But again, if the mortgage was nullifed why worry about the assignment? Other than pursuing a civil suit on your own against the lender with you as the Plaintiff….
We won an avoidance of the mortgage due to the forgeries…however, according to the bank they have a “blue ink” note…I find that odd since we signed with a fine black bic pen…but that is of no consequence…the have an assignment (in blank) on the “note”…however, my feeling is that if you prove that the actual original assignment is bogus, then the note should fall. One thing missing from the presentation that I just discovered yesterday (thanks to the fresh eyes of another mortgage fraud victim) is the fact that according to the original assignment that was supposedly notarized on 04-14-2004 states that the mortgage was “recorded” on 05-25-2004…?!?…and then they waited for a year and a month (after we fell one month behind on our mortgage) to file the “recorded” assignment of the note and mortgage on 06-22-2005. The mortgage was avoided, but that had nothing to do with the note…sad but true….however, for those of you that have looked at my presentation…you can tell this whole transaction has been nothing but a lie from the beginning…yet, here we fight…smh
@ Sheryl – An assignment of a promissory note is not required to be recorded. An assignment of the note as long as the assignment is dated AFTER the date on the mortgage would be valid. Are you sure you are talking about the assignment of the note or the assignment of the mortgage? They are two different documents. Assignment of mortgage is recorded (or supposed to be) but an assignment of note just documents the ownership of the note from one lender to another. If the assignment of the note is found to be bogus it would simply revert the ownership of the note back to the issuer of the assignment but it would not void out the note itself. Note: There are some lenders who will add such verbiage as “assignment of note and mortgage” when they file/filed an assignment of mortgage in public records but not always. Some mortgage assignments only make mention of the mortgage being assigned.
Ah, you would think…the now avoided mortgage assignment recording happened on 11-03-2005 (supposedly assigned on 05-17-2004)… the (bogus) corporate assignment of the “note and mortgage” which supposedly happened on 04-14-2004 (yet the front of that corporate assignment shows that the mortgage was recorded on 05-25-2005 after the supposed notarization occurred) and was recorded on 06-22-2005…six months before the recording of the now avoided mortgage. I find it interesting that a document that supposedly was notarized in April of 2004 would state that the mortgage was recorded in May of 3004…exactly how does that work?
May of 2004…lol…I’m going blind with all these damn dates…
I spent many hours on this presentation and then just yesterday discovered that the assignment also was “notarized” on April 14, 2004 yet, on the very same document it says the the mortgage (now avoided) was recorded on May 25, 2004…how did they know that when the notary was signing the document. Oh ;thats right they didn’t which means that the document could not have been signed on April 14th and if it was it was altered after May 25th…that makes 26 evidences of fraud throughout the packet and that doesn’t even include the now avoided mortgage…smh.
You have tons of issues people can learn from. Looks like Bobbi is knocking ’em down! I had to get clear that they’re pursuing you for the “debt” of the Note. Your case is the mirage/nightmare of foreclosure being voided and then having original? “lender” pursue the debt. I’m reading about fraud, business torts that may apply esp with negligence, oppression and malice. I’ve read about it before but no lawyers will take on so far will keep digging or others may have experience. The NM/AZ case definitely made the point of damage of banks dragging their feet and possible loss of homes.
Another issue that I am having is that this was supposedly a MERS nominated assignment…yet MERS database shows nothing in regards to our address…I find that even more curious…seeing the MERS number is suppose to stay with the loan until it is final.
Coincidence I just asked about that. Was MERS on your Note or mortgage? They were on neither of mine but there were MERS records after the closing of the disputed loan, refi. These records had completely different investor/servicer two years or more after closing. Chase refuses to explain this while they then created new MERS records which they deny even though they provided the MERS information! That’s why we can’t get stuck in “is MERS legal” argument but show how they or the lenders used it to manipulate or mismanage our mortgages and property records. I also had New Century Mortgage on previous loan endorsing Note that Chase took over as servicer but New Century was never recorded anywhere. Only received that purportedly paid off Note with the same stamp you have until recently after 7 years.
All these possibilities where yours is the opposite with blank MERS records when there should be? All points to clouded title where quiet title case should force anyone with a claim to explain. If the judges enforce the law.
Ideally….I would ‘register’ 50 attys….one in each state…..to serve as a laser focused nija….a focal point for us….the one’s w dna that won’t quit…..yeah….a one stop….prepaid….vetted…attorney. …I would only ask for 1 commitment in return…pay it fwd…..so that NEXT SEASON we have 2x the wins…..2x after that…..compound the ‘interest’. Turn the tide….
There are services now that I’m looking at. We have to be organized and start trying them out and vet them as we go since we have the experience and knowledge. With $5,000 we can get some cases in the pipeline and start putting together tools to review, collaborate and publicize. Sounds like we’re thinking along the same lines and others are as well on other sites.
I will request it for what it’s worth. At this point I wouldn’t believe the paper it is printed on. But perhaps it will reveal their lies and deceit. What address do I send the request too. Thanks
There may not be a specific address any more with new law 01/14. I was told to send to following address by point of contact and I also sent to CEO Dimon and trustee.
Chase Fulfillment Center
3801 S. Collins St. TX1-1814
Arlington, TX 76014
I believe there was also an address on Notice of Sale so you may want to review your docs or ask point of contact.
Following section phone and email also has responded. Try not to laugh,
“Our Commitment to Treating Customers Fairly:
If you feel you were not properly evaluated for foreclosure prevention alternatives or inappropriately denied a foreclosure prevention alternative, or you are concerned about fraudulent servicing practices, or other actions you believe may be a violation of delinquency management or default prevention guidelines, including a violation of policy time frames, please call 1-866-209-1720. We will use best efforts to acknowledge receipt of your complaint within three business days following receipt via phone, email, fax or mail and will strive to provide a resolution within 30 days. We will communicate the proposed resolution to you in writing and next steps, if applicable. You can also write to us at:
Chase
Attn: Customer Support
Mail Code: OH4-7302
P.O. Box 24696
Columbus, OH 43224-0696
Please note that we will make every effort to expedite review of your case and provide a resolution prior to foreclosure action(s). However, foreclosure action(s) may still take place during the review of an escalated case.”
chase.nonapproval.disputes@chase.com
Above from Chase web site
QWR is less focused on format now, but Chase may try to use errors such as overbroad request as excuse not to answer things but did provide copy of Note. Check following sections if worried about errors or just keep simple and refer to settlements that should say they need to provide copy at least or just ask for it if you have time and see how they answer.
Looks like the focus is on identifying if an information or error request. If you have a template may want to shorten and customize it and focus on copy of Note.
Qualified written request.
1. A qualified written request is a written notice a borrower provides to request a servicer
either correct an error relating to the servicing of a mortgage loan or to request information
relating to the servicing of the mortgage loan. A qualified written request is not required to
include both types of requests. For example, a qualified written request may request information relating to the servicing of a mortgage loan but not assert that an error relating to the servicing of a loan has occurred.
2. A qualified written request is just one form that a written notice of error or information
request may take. Thus, the error resolution and information request requirements in §§ 1024.35 and 1024.36 apply as set forth in those sections irrespective of whether the servicer receives a qualified written request.
from http://files.consumerfinance.gov/f/201301_cfpb_final-rule_servicing-respa-interpretations.pdf
Now for a Grimm timeout!
The collaboration is awesome….you put a ton of work into it…I worked at hp for yrs….I learned the Body of Knowledge…BoK….will be iterative…it will get refined…
I hereby pledge 16% of my aftertax settlements to THIS board….ill pay it fwd…so that we can break ice and watch YOU save your homes…w attornies…jds w spine and integrity. …yup…when I win…we (the fighters) ALL win….this is my church…dig it. We’ll escrow it out properly….in time. Peace yo.
$33 million to MetLife alone….do the math….plus Chase…plus American Home Mtg…++++…et al.
Triple it for little greys….for ‘punis’. Help is coming……..
777
That’s the spirit we need and the creative writing! I am also thinking along those lines. We need to think about money and time we can devote. If we put together even $5,000 we could do some serious damage with the facts we have here and can confirm. Done right we can help those in dire straights.
@david f any docs on the TARP money payoff data? Also any info on NY AG and CA AG investigator Warren? Think is his name. I’ve sent info to CA AG and the CFPB with violations of settlements and strong evidence of misrepresentation and possible fraud but have heard nothing concrete. CA Monitor is saying they can’t respond individually since they’re going out of business. CFPB helps to postpone sales but I think I’m in the last round of that merry go round. This is the shell game on the govt/settlement side. They say they can’t give any legal help while saying they are checking to see if any laws are broken. I’m pretty sure the settlement language says different. As with the Gov Brown lawsuit there’s also the question of why the monitor is closing down and non profits aren’t taking cases because there’s no money. Where’d the money go?
I have yet to see a copy of my note, but I am sure it is forged. I have my blank originals. I am going back to title co to try to retrieve a copy. Does anyone know how long title companies r required to keep copies?
That’s unbelievable! If you’re Note’s with Chase you should be able to use a QWR and the settlements to have them deliver it. If they don’t you could point to my case and ask why not? I recently received the PAID OFF Note (previous purported loan) they denied me for 6 years! But even that was supposed to be an original but was a copy and it has the contradictions/lies that may bring the house of cards down. Even though you’re in FL? the settlements are like your Homeowner Bill of Rights if with Chase.
7 years
Everybody should review Sheryl Sutter’s post below with her cases docs link.
I’ve sent emails and invites but received no response. Let me know if you’re interested as I want to reach out to others to get a good set of files together to test. Thanks.
by federal respa law the note stays in the lenders vault or in the trustee’s vault in chase’s case they have none of the blue ink signed by the homeowner blue ink notes. the note stays with the mortgage per us. supreme court ruling years ago.
most of the blue ink notes were destroyed in securitization since the banks thoughts mers would cover their butts. but mers in Washington state is dead.
so there is no note thus forgery when they show up in court.
regards
David
wells fargo the trustee for al l bear stearns loans and wamu loans maybe sued chase in federal court under respa law federal law for not having the promissory notes in their vault in Monroe LA.
The fully executed mortgage should be recorded in public records. I thought the note should be too, but then in fla. Notes don’t have to be from what I hear
So true Hammertime and for us still standing. We have to use these as tools to help us in court because they can only deny so much
Keep copies of all checks u paid and when u go to court show the judge and the judge should force them to show how payments were applied. That’s the best I can tell you. Just make sure u keep proof of all payments made
They took my modified payment and waited till they had enough of those to make an original payment which was more than 2x the modified payment and then applied it and all along while they were still claiming I was not making any payment at all. Ask for a copy of how your payments have been applied
Did that and they reversed them after applying them
Then put them in unapplied account then madr escrow
Charges which were fraud to eat up the unapplied
Balance and now refuse tp give me escrow accounting
Statement required by federal law
So far they have allegedly stolen over 100000 grand
Of payments and trying to extort me for 476000 dollars
Includes 313000 balloon on first trust mortgage i didnt
Apply for
They are doing this to millions of people
And tried to make me pay mortgage payments
Twice for same month and year nine times
Regards
David
I told chase to stuff it where the sun dont shine
David
Go david
What is really sad is that chase allegedly under guise of loss
Mitigation n loan mods is keeping all mortgage psyments
From wamu met life n bear stearns mortgages n putting
Them in unapplied payments forcing foreclosures from manufactured
Defaults n keeping the cash for themselves plus cashing in
The derivative hedge bets on the servicing rights up to 43x
The face value of the mortgage
And covering it up
We should be complaining to congress
I guess the uscfpb is corrupt n run by the banks n funded by the
Banks
David
there will be rewards for those still standing….zilla is about to retain…fire…to fight fire…I want these c uh-ohs to sweat it this weekend….they can hear the tension rods pulling on the bear trap….like you know something BIG is going to happen…but you just can’t put your finger on it….banking execs are getting that ‘you’ve got mail’ jingle….only problem is…it is not really love letters….they sent me loads of hate mail…for 6 years….my turn. Steve…Jay Me….you two will fall…on my watch….turns out Chase….you carried a second on my loan….just ‘discharged’ the $47,000 fraudulent note…..good friday jay me…Fyou…too Steve…I want you both in silver….t-n-t.
It will be done…..trust me….you will pay me for your crimes…greedy monsters…yes I just judged you….not early….right on time. Justice on the 777s….@godspeed
Congrats on chase note
David
Just like with the settlement they established a pattern of their wrongdoing so they should be able to with changing acct numbers but from what I understand. That is a big no.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even if they’re corrupt and being gamed.
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at orgination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
regards
David F.
http://1drv.ms/1kTbf5Q These are some things that I found in our file. Now mind you the mortgage has been avoided (only took six years); two years later the bank is suing for the note. See if you think my evidence should bring down the bank…and then I’ll tell you the rest of the story…
same old story fraud and forgery
I would have thought that too, however, in our case they actually forged our signatures…not some robo-signing….it took six years for us to finally get the mortgage avoided because we had to fight the bank on an equitable mortgage (they lost). Now two years later they want to sue for the note…hence the pp presentation and hence fraud and forgery. Might be the same old story, however, we were the first to have the mortgage avoided for having homeowners signatures forged in this fiasco…The fact that we, the homeowners have done the due diligence to find this fraud, makes us wonder why, when fraud was already evident in the file, why the banks didn’t do their due diligence to find what we have found. This is officially a ten year journey as of April of this year…
Nice work Sheryl. As a matter of law, shouldn’t the homeowner need to be in possession of an agreement to which he was a party, with both party’s signatures on it? Otherwise, where is the agreement? In our situation, most if not all of the “agreements” in the “closing packet” given to us were merely those first copies of the unsigned originals with no signatures. I’m wondering if this is material in our case. Any thoughts welcome. Thanks.
We never received any documentation from the bank regarding our “refinance” after the closing…had we not had our packet that left with us at closing we would have had absolutely nothing…it was because of that packet we were able to prove we had never signed the mortgage…we didn’t have one in our packet, so therefore there wasn’t one in theirs…
Great presentation! This is the kind of thing I’m talking about where we can show exactly what the docs show and the lies in real terms. I’ve invited people on here to sign up on the system for exchanging files. We can modify these docs so no personal info shows and the system allows you to control who sees them and we can email each other and get forum going etc. Let’s start with a couple and see how it goes. I’ve started with a couple of mine. Are people not getting emails or invitation? If you need help we can communicate and see if I can help with file editing etc.
End of sidebar.
I have some parallels on my docs and even the same endorser on a Note. Just did a quick review but very impressed.
In the old days when the country’s businesses were concerned with their own country and their paying customers this would have brought down any business.
I was hoping to compare my files to the three or four extreme Chase cases on the board but this case can also be a good comparison esp in CA.
I did a quick review and what jumped out at me is that you should have a strong quiet title case. (of course not a lawyer) In normal times ANY fraud was grounds for damages etc. In these Wall St justice days that we just have to pay we have to go to the next level and show where the money went and/or that the purported lender isn’t the original lender or valid beneficiary etc. The endorsements go to that it looks like but I didn’t see any payment history type info. Again, need to go back since you have tons of info.
If we put together a few of these especially with s strong social media approach we can show we’re being treated like second class citizens and justice isn’t blind with Wall St.
You can contact me at following email to either compare notes or to review the file sharing site, whatever you’re comfortable with.
temp email, not real name elsa.carter-avpci3n@yopmail.com
One of my many issues is that in our case…fraud was evident and proved in 2007 (even though it took until 2012 and the 6th US Circuit Court to unhinge their equitable mortgage plea)…the bank was aware that the file was corrupted, yet they never did the due diligence to discover if their were other fraudulent document. Instead they wait until I sue them on their forced insurance (after all they have no document that allows them to insure my home – mortgage avoided); they then decide to sue me for the note. My point, where was the banks due diligence…why didn’t one of their high priced attorneys go through a four day due diligence as I, the homeowner did. The didn’t because they knew they were using my documents and not those of the banks. At what point does the bank have the responsibility to look into the file for FURTHER FRAUDS…smh (I do that alot..smh)
@ Sheryl Sutter – if your mortgage was voided then the only document they have to prove the debt is the promissory note. That being the case, the only means for them to sue is in civil court under an ‘unsecured’ debt – not a foreclosure. Foreclosures only concern those debts that are secured by some form of collateral (i.e. real estate). If they choose to sue you why not just file BK and get rid of the debt forever? If you do go to court and you can’t prove the note is fraudulent the best they can do is to get a lien against you personally. Those can be wiped out in BK too if I’m not mistaken.
@Bobbi Swann…they can’t foreclose…they are suing for the note and all the payments I haven’t made in the past seven years, as well as attorney fees, and all the other fun stuff like interest. My point is that there was already a proven fraud, and now in their lawsuit not only are they using fraudulent documents…they are using my documents, that they never had until the mortgage fiasco…they are pursuing under the unsecured debt….my attitude is that my evidence should more than prove the fraudulence of the rest of the file…and for those of you who have seen it…I would assume you would agree…now to get our attorney to recognize what I am trying to tell him, because in this case, I am not accepting No for an answer…period. Especially with the evidence that you have now seen.
@ Sheryl – since they are going after you as an unsecured debt why not file a counter suit for the fraud on the mortgage? Your attorney (sounds like you need a new one) should pursue that along with all legal costs, punitive damages, etc. as part of the counter suit. Even the National Mortgage Fraud Agreement allows you to go after them personally in situations such as yours.
David I agree, but surely u have proof somewhere that they switched loan numbers and if there are 2 million. That is a powerful # and more need to come forward. They tried to xfer. The servicing of my loan right after my loan mod supposedly became permanent and then they reneged. I see the scam they pulled on me.
yes I have proof including docs from the federal trade commission and 50,000 of the old account numbers from trustee wells fargo. that is why I filed a state bar complaint against kellerrohrbach.com here in seattle wit h the Washington state bar which is in process of allegedly with kellerrohrbach. covering all this up. no on e will file an appeal to the federal appeals court . I cant since I was barred by kellerohrbach.com to be I nthe suit as well as chase since the yknow I would blow the whistle on them. the state bar complaint is still in play in seattle wi the Washington state bar against ms cappi o lead counsel for the plaintiff homeowners defrauded b ychase . I am the only person that is complaining. that is the problem no one will raise hell not with the court not with wa state bar and not with us cfpb or justice dept.
we keep getting screwed and no one is complaining to congress or ag eric holder as far as I can tell.
but yes I have proof but I am not a lawyer so m y guess it all could be thrown out as fabrication knowin g these crooked scumbags.
regards
David
MS CAPPIOS COUNSEL A NOTHER ATT0RNEY HIRED BY HER TO ADDRESS THE STATE BAR COMPLAINT I FILED WROTE THAT CHASE TOLD THE COURT THERE WERE ONLY 60,000 MODS DONE AND ONLY GAVE THEM THE NEW ACCOUNT NUMBERS . SO THEY EVADED AND ALLEGEDLY LIED TO THE FEDERAL JUDGE BY OMISSION AND MY VIEW IS THAT THE ONL YWAY THEY COULD EXTINGUISH LEGALLY ALL THOSE OLD LOANNUMBERS WAS TO — USE FEDERAL tarp MONEY TO DO THAT . IN OTHER WORD THOSE LOAN MODS NEVER HAPPENED.
WE ARE WATCHING A COVERUP OF MASSIVE PROPORTIONS HAPPENDING BEFORE OUR EYES
IN MY HUMBLE OPINION.
dAVID
I have made posts that never appeared on the board, too.
Chasemdlsettlement. Closed yesterday but will not be final til appeal period over
Yeah well that appeal period could be YEARS and knowing the banks they will drag it out as long as the applicable laws will allow.
did any members of the class object to the settlement and file an appeal nationwide
my attorney told chase to go stuff their mod where the sun don’t shine yesterday
they harassed me the entire month of april to file for one.
and even harassed my attorney for two weeks
the chase guy was joe shea out of Columbus/Gahanna ohio 614 area code
tel no 614422 5631 that is a local number for chase in ohio if you want to call them about something
best regards
david F.
and my guess that appeal period is not going to last long.chase doesn’t want it to get out there are two million loans that were modified that never got a notice about this suit since chase illegally allegedly changed all the account numbers using TARP money to do it andchanged the loan terms as well under the guise of a loan mod to disguise an illegal loan transfer.it would have cost chase 2 billion dollars to mod all the fraudulent mods they did from 1999 to 2010.
so now they can run their alleged Ponzi pyramid Bernie Madoff mortgage loan scam with predatory loans tied to derivative hedge bets run by chase hedge fund managers with interest rates on these former bear stearns emc mortgage loans going to 12.37 percent in nine years sincethey are adding illegally over1 percent to the interest rate per year instead of 2/8thsof a point that the promissory note says.
their computer is already programmed for this next new round of massive foreclosures and chase did this allegedly with no TILA or RESPA or HUD 1 disclosures or official notices to their customers. this may be true for met life lOANS AND wamu LOANS AS WELL.
REGARDS
dAVID f.
Pretty quiet around here, bank checks stop coming in? lol
Agrees
Have we been hacked
And postings n threads been
Deleted
David
Great article on the bs of too big to fail:
“In 2009, the recovery was fragile, and besides, we had just sunk all that cash into bailing out the banks. Busting those who committed financial crimes would risk undoing all of that. Prosecute our clients, said the bankers’ lawyers, and you risk destabilizing a fragile financial system. Put a systemically important financial institution in your cross hairs, and you put the entire global economy at risk.
The Bush and Obama administrations bought this line of reasoning.
This argument should never have carried the day. The job of a prosecutor is to prosecute, not to make economic forecasts. Convincing various governmental departments not to do their jobs was a masterful act of salesmanship, one that undercut fundamental principles of rule of law.”
http://www.bloombergview.com/articles/2014-05-02/banks-take-the-economy-hostage?alcmpid=view
Yes and lots of bribe money to drive it home
David f
That’s the disconnect, though it is from Bloomberg and gotta give them credit for publishing this but it’s not salesmanship but treason! Gotta go back and read again since it’s exactly what I’m facing where agencies/local govt are IGNORING the law and I keep thinking they’re doing what the lobbyists have convinced them to do.
More bribe money via law firms n health foundations
Does anyone remember reading that most of the flower companies looking for your mother’s day business of sending flowers to your mom is owned by a bank?
karen- to be a whistle blower, look up the local FBI office in yoiur phone book, knock on the door, and tell the receptionist agent you are here to report a crime. they will be happy to see you and take your evidence. it costs you nothing. only a us attorney can put people in jail. it needs to happen more often.
karen, dont be afraid, expose all u can, no matter how big they r. see attorney for help. we cant let others lose faith in the system.
CHECK EVERY DATE ON EVERY DOCUMENT THEY HAVE. the Plaintiff withdrew during the trail, the good news is: he was so rattled I am pretty sure he left court, and did not stay for his case after ours with same witness, I think they won because I did, I hope so. am going to court house to day, to get records. the judge will not let them come back with same complaint, I had a fair Judge. witness tried to testify LPS was active for Bayview (created in 2011) had a doc, giving authority that on 4-3-2006 for a loan created on 3-23-2007, what do you do if you find whistle blower evidence? I am scared these are big corporations, plaintiff gave me his file in court. I can put them down.
Karen, I have some of the answers for you.
I don’t offer help to very many, and probably do know what I am talking about. Please contact me, I believe it will be worth your while.
My contact info is in the note I left for you in reply to your prior posting. You should find it below.
re chasemdlsettlement.com my complaint to wa state bar regarding conduct of class action counsel ms cappio of kellerohrbach.com in seattle wa state barcomplaint and submitta of additional evidence.
hello Ms. Powell of Washington state bar disciplinary counsel office in seattle wa. In reference to my complaint about ms cappio and ms obrist of kellerrohrbach.com in seattle wa. and your letter asking for more evidence to be submitted by me.
I have the original envelope with postal metered postmark and bar code scan b y the uspa if you need that.
I request that you acknowledge your receipt of evidence sent to you by me by mail or email
attached are pdf docs sent to me by ms cappio’s defendant this past Saturday
in which they admit in the docs a loan mod was done on my loan starting with 002 first three digits
please see screen shot in second pdf file showing at the bottom of the page a boldened by me dollar amount of $ 13,664 demand to make the same mortgage payments twice.
lombino martino
and that this loan mod or another mod was not finalized as ms obrist asserted in her email to me. that being the reason why I am not in the lawsuit.
these docs clearly show that a loan mod on the current loan number starting with 102 ending in 6526 has loan mod active on it which I did not apply for or approve. and that I have been charged for an appraisal and payoff statements twice without any authority to do so by me.
these are ms cappio’s defendants in the chasemdlsettlement.com lawsuit in the federal district court o f boston ma.
they also show the alleged extortion of me by ms cappio’s defendant while this suit was and is going on in the court above.
a spreadsheet from chase computer prepared by ms sparks per her letter in the pdf file shows that all of my payments were reversed in January 2013 after being applied and reversed back across a previous calendar year without notifying irs of the effect of that on my mortgage balance.
then in another document attached it shows that in January 13 the beginning date of the reversals chase.com sent me a paperless mortgage statement for payment due feb 1 2013 demanding that I pay the same payments again for $ 13,624 dollars or approximately 9 mos of payments already paid
there is an escrow tx history showing that chase extorted allegedly again for my escrow funds by transferring all of the above to my unapplied funds and that charge those monies with false charges to eat up the unapplied balance and all of my payments disappeared. over $ 30,000.
please print out these docs in the file.
the evidence indicates that while ms cappio was in court on this case, chase may have used TARP taxpayer bailout funds to extinguish the bear stearns old loan numbers shown in the file on the mod agreement in the upper left hand corner starting with 002. once these old loans were extinguished which chase is trying to show I nthe spreadsheet as one loan number back to 2007 but the mod agreement is for the old loan number for the first trust.
once the extinguishment took place chase under the guise of a loan transfer originated or created a new unilateral loan for me and many many other bear stearns loans for wa state residents with a total number of roughly two million and then in my case raised the interest rates and loan terms with a balloon payment in 2037 so that my new loan would pass chase computer net present value model software for a loan modification.
the point here is that this is not compliant with federal law , I never applied for a new loan or a loan mod and then chase while ms cappio is dancing with chase created a new loan in violation of federal and state law and not compliant with Washington state law and then hired an attorney to try to foreclose on me saying I was in default when I am on chase website four payments ahead.
there were no tila laws no respa disclosures and according to the testimony from current mdl settlement class members chase is not providing as required by federal law any disclosures on the loan mods offered to wa state residents.
as I have mentioned to you that ms cappio and ms obrist may be directly responsible for this harm done to me as a disabled veteran as well as many other veterans nationwide and was state because of the their alleged actions.
allegedly
best regards the key word in mr potter’s letter is unilateral meaning one sided creation by chase.
David Black
so n my case chase has absconded allegedly with over $ 50,000 of mortgage payments and escrow funds from me and tried to extort me for thousands and thousands of dollars but the evidence prepared by chase personnel clearly shows that once you can connect the dots and decode this alleged confession.
I am requesting that you obtain the new York AG Eric Schneiderman lawsuit against chase bear stearns on behalf of the investors that own my mortgage or used to own it. the alleged extinguishment of my old loan changes everything .
the point here is that chase per mr potter’s letter to chase attorney Barbara bollero created a unilateral loan in oct 2011 which was and is part of this lawsuit just like the old loan number and created it without any legal authority or permission or applications from me to do so and didn’t even have the required respa notice of the new loan number sent to me.
as required by federal law and no mortgage statements from april 2011 until march of 2012 for both old and new loan numbers and put all my payments in suspense accounts and then tried to foreclose.
I only have a masters degree in banking and finance and studied law and read the law in the VA to become an attorney as allowed by the state bar there under a licensed attorney and I did my masters thesis on chase financial operations and worked and trained by the us treasury dept to spot and identify fraudulent bank activities and my perception that this alleged evasion by chase attorneys to omit all these old loan numbers and create new loans and liens on wa state homeowners property is a gross violation of federal and state law and evasion of irs taxes is a felony.
and this evasion of not providing the old loan numbers to the court including my loan is a crime one and two a violation of wa state bar and any state bar canon of ethics that has caused me great harm for over seven years now and hundreds of thousands of dollars of harm
best regards
David f.black
please stipulate on a written document sent to me and ms cappio all evidence submitted.
it is not legal to originate mortgage loans and liens without the consent of the homeowner and that goes for loan mods as well.
thank you for your support.
© 2014 Microsoft
Terms
Privacy & cookies
Developers
English (United States)
I just posted this o n uscfpb.gov website for my complaints against chase.
chase has not resolved a single monetary dispute in seven years on my predatory illegal loan as part of their Bernie Madoff Ponzi pyramid mortgage scam tying predatory loans to derivative hedge bets on m y servicing rights on m ypredatory loan which they created with higher rates after the alleged loan transfer from emc mortgage in april 2011.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even […]
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at origination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
all o f chase reponses have no oath of truthfulness like Itake to submit my complaints and not signed by an y exec authority. all v.ps have been fired who have tried to help me locally here with this mortgage problem and now chase is trying to cover everything up andmake me pay my mortgage payments twice while they load up m y cushion in m yescrowbalance and refuse to give me an escrow statement for 2013 .
Take all your evidence of the fraud and file a lawsuit! You have everything? Stop playing in the courts ball field…it’s rigged! Just make your allegations and prove it with your evidence…Exhibit A…Exhibit B…You are the best one’s to fight it from the accuser…not the banks…they can’t prove shit!
Just my thought this evening!
Good to hear Angel. We know evil never will prevail.
New York has a new plan brewing to build 200 thousand units for all incomes 80/20 apparently to cover up all the homes and apts stolen that many of us has spendt 30, 40 or 50 years working for
and now they expect us to start again all the while putting the fraud on the back burner.
angel , what state r u in? Alot of us on this website has experienced the same crap with Chase. They r beyond dirty. Hang in because the longer we stay in , they are getting more exposed everyday for the sh** way they have been treating us! I think they will have to come clean at some point. They did the same thing to me. They want to break you down and take your property, but don’t let them. Complain to the OCC, state AG, as many as you can. We will break them. They wont break us tuff guys.
Ky, & thank u for responding & I’m still in my home,so I haven’t lost,but its a damn shame the hell we’ve went thru to be heard & proof of pymt used to be SOLID proof/case closed,,,chase is evil & deserves to be knocked off their crumbling pedestal….I will NEVER give up:-) 🙂 🙂 🙂
My family is from KY angel
Regards
David
So is mine,well a lot of em,lol…I luv,luv ky:-) 🙂 🙂 I pray u get resolution:-) 🙂
I’m beyond frustrated!!!& need advice please!!!!! I’m in the 4th yr,of my nightmare,2yrs I’ve had a lawyer,but the harassment won’t stop,by mail,email,couriers in my yard taking pic’s 1-2x’s a month!!!!I have been forced into default Without EVER missing a pymt,forced flood insurance never needed,forced into foreclosure,,,,,,100% false credit reporting by lender of missed pymts received & cashed,no deed,never filed with our county,mis-applied monthly pymts,destroyed us on purpose due to a re-fi attempt to GET AWAY from chase,through Quicken Loans revealed COLLATERAL TITLE ISSUES,no deed,that point forward paperwork,phone records show chase was FORCING us out because I demanded answers over deed,yet I can’t MOVE this case forward???what or ”who” do I need to contact to reach some what of a normal life again?
hello angel am going through the same thing with chase. I am four payments ahead for ten thousand dollars andthey are still doing the same crap to me as you.
been fighting them for seven years.
they need to be shut down.
I did find some leverage by complainging to uscfpb.gov and submitting a complaint
address your complaint to ceo chase mortgage banking kevin watters and mike zsarro head of their default management group. these people are alleged crooks and scumbags and lowlifes rabid bonus driven execs.
they are driven by bonues from derivative hedge bets against you up t o 43 x your mortgage amount. if they foreclose they make all that money.
you can google that term and chase testifying to ellen warren of us senate banking committee that they are doing this to people
if you write to uscfpb is even better to rickard cordray director. in Washington d.c.
keep complaining and make chase document to the government what they are doing to you.
if you really want to stick it to them call mr wagner us attorney for eastern district of northern California in sacramento ca ask for his asst ms winger and leave a message for him
he is preparing a criminal indictment of chase that will shut them down permanently.
we all need to form a stampede on the govt officials complaining about chase as to their criminal misconduct. it my case it is extortion grand theft and larceny allegedly.
regards
David
THANK YOU:-) 🙂 🙂 🙂 THANK YOU:-) 🙂 🙂 I will be using this info:-) 🙂 🙂 🙂 🙂
step 1. recognize today for what it is..Cinco Day..
step 2. take your last $7.50 and buy a 6 pack and 3 limes..while you can.
step 3. after beer 3, call your LOCAL police…ask for a detective..have your docs ready.
step 4. be prepared to go to the Station…report the Fraud…names..dates..reasoning.
step 5. wait 7-10 days….fill out a ‘request for report’…pay the $5-25.
step 6. submit THAT report w a letter *…notarized..asking for your 3 things…whatever they are.
step 7. wait 30 days for your servicer/abuser to respond…at day 31…go to step 8.
step 8. call me….1.208.703.9525.
step 9. welcome to the Dragon’s Nine Step ProGram. 9….german for ‘NO’.
‘Just say ‘NO’…then call IndigoBro… that’s what EYE wood DO.
****** please include a cc: notice/copy to the appraiser, lawyer, realtor.
Thank you so very much:-) 🙂 🙂 🙂 will be doing this also:-) 🙂 🙂 🙂 🙂
You don’t have an attorney any more? If not,why? Did you ever ask a title company to run your title for you? Did you get title insurance when you purchased the property? What kind of “collateral title issues’ was revealed when you tried to refinance with Quicken loans? Why would flood insurance be forced upon you if you are not in a designated flood zone that requires flood? When you reference the word ‘deed’ are you referring to the warranty deed given by the seller or the mortgage deed of trust? What state are you in?
You have left out a lot of information that would be beneficial to us all in order to help you.
I have a lawyer,I had flood insurance/Allstate,forced flood stems from wrong home value,&incompetence,title issues revealed by quicken is just that,no deed/title/note.& never filed with my county,I’m in ky, & also chase electronically put back 12thousand bucks while still suing me for bogus debt,who gives money,a lot of money to someone they claim owes a debt?
@ Angel – the National Flood Insurance Program (NFIP) determines what property is in a flood zone by state, county flood maps. It is not determined or have anything to do with the value of your home. It does make a difference at what elevation you are at as to the level of insurance you will have to have. If you are within a designated zone that requires flood insurance according to the flood maps you will have to carry that insurance as long as you have a mortgage. And, if you have title issues and you have an attorney then those issues should be brought to the court’s attention. Attorneys have the capability of getting a title search done and that’s what should have been done from the get go. You should go back to the agent who closed your mortgage whether it be an attorney or title agent and have them pull your file. Your title insurance that you paid for would cover ‘defects’ in title. Make them anty up and pay! File a claim on the title insurance underwriter (i.e. First American Title, Fidelity Title Ins., etc, etc.) Did you get copies of these things when you closed and did you ever received your Warranty Deed back from the recorder’s office when you closed on your home?
Bobbi,I am in a flood zone in 2008-2013, I had flood insurance,& chase was going by home value,FEMA is a set amount,chase requires 80%coverage on flood,80% of my home value,,as of 2013 I’m No longer in a flood zone according to notice from chase?
Bobbi,I have everything from the closing,but Nothing from my county,it was never filed,,I’ve been served 2summons,2-2011 & 4-2012,the last one is amended..& clearly states on summons,due to clerical error the deed/note has become ”lost” & due to clerical error”never filed in our county” they serve me,I respond with bank statements/notices from within chase of confirmation of account current & PD on time,boom run around,passing me off to Executive Offices to be shredded verbally,to going above their head w/complaints to boom! Served again same default already proven paid,,,I’m being 100% jerked around,since 4-2012 to now 5-2014 I’m still in limbo,passed along/over,,,its getting beyond toxic on me/normal life but my DNA will NOT allow me to quit when I did ZERO to deserve this nightmare,,THANK GOD FOR SITES LIKE THIS:-) 🙂 🙂 🙂 🙂
Hello Bobbi
You said you r in the chase mdl case from fed court in boston
Cstyle
Ive opened a wa state bar complaint for me you n
Others to complain about the settlement done by
Kellerrohrbach.com in ny and seattle
The complaint is against the lead counsel gretchen cappio
And gretchen obrist
If you want more details my email is blackvan@yahoo.com
The wa state bar counsel is sachia powell
In seattle
If you contact me by email i will give you her email
She is gathering evidence
Best regards
David f
sister helps brother
brother helps sister
see….we are stronger together..as one.
this weekend the AGs….all of them…are getting ‘recalibrated’….so that china does not foreclose on these United States….eventually the ones who ‘allowed’ the theft have to drop the hammer…and help compensate those robbed….either they investigate and try/fry….or they learn mandarin….they were presented the option…. enjoy the roses…777
I now know why they called…..they…the Bank cage…like in vegas…the springs. W a t e r….
Legal shield 424213 lombino martino randy martino and sally hiserman.
alleged chase confession of wrongdoing in their own hand employees blowing their whistle and all on chase stationery . there over 10,000 additional docs from chase and other emails and docs to support these substantiated allegations
copy to mr wagner us attorney sacramento ca pursuing chase for criminal misconduct related to $ 13.5 billion fine against chase by eric holder us doj AG and mr uran of Portland Oregon u.s. attorneys office who has talked to mr potter about this.
please see screen shot save of feb 1 2013 notice from chase.com. giving me paperless notice I need t o pay my payments ON MY MORTGAGE TWICE GOING BACK TO MAY 2012 AS GIVEN NOTICE ON JAN 12 2013 FOR PAYMENTS IN THE PREVIOUS TAX YEAR. THIS IS JUST ONE OF THE ALLEGED EXTORTION ATTEMPTS THAT TOTAL $ 476,000. they reversed in the spreadsheet Rick and Tiffany both have. in other words they took the payments put them in their pockets and put them in suspense after reversing them after they were applied the year before and then charged escrow payments seen in the attached docs in the escrow summary starting in 2013 to eat up the escrow balance. THE REVERSED PAYMENTS WERE NEVER REPORTED TO IRS.
the escrow tx history is non compliant with the escrow federal accounting mortgage act that has specific formats for chase to use. I sent them via secure email from chase.com website for my mortgage account with complaints to uscfpb as well and copies to rick potter, my request for an entire 2013 year with full and accurate explanation of all the charges and the balance of the escrow cushion and charges to it as allowed by the above federal law.
they denied my request and have no idea what the cushion balance is or any transactions credit or debit to it.
they stonewalled me.
we now with the two docs attached have in my opinion a full confession of wrong doing including extortion , grand theft , grand larceny by chase personnel including kevin watters and ceo of chase mortgage or chase home finance along with mr mike zsarro s.v.p of chase home finance default management group ej reed Vicky hall Tanya smith supervisor , joe shea
evita clowney , Teresa sparks along with local chase bank personnel rob mally v.p. Kelly matthers fired v.p. and lena Houston senior v.p here in Vancouver wa. all with full knowledge of conduct specified above.
the total amount of extortion attempts including the $ 313,000 BALLOON PAYMENT NOTICED TO ME BY CHASE.COM WEBSITE FOR A FIRST TRUST LOAN THAT I NEVER APPLIED AND EXTINGUISHED ALLEGEDLY BY TARP MONEY AS TESTIFIED TO ME BY OTHER CHASEMDLSETTLEMENT.COM SUIT CLASS ACTION MEMBERS, EXTINGUISHMENT OF MY ORIGONAL LOAN NUMBER AND LOAN BALANCE USING TARP MONEY IN ORDER TO NOT HAVE TO NOTIFY THE FEDERAL JUDGE OF THE TWO MILLION MODS DONE ON LOANS IN WASHINGTION STATE AND THE OTHER U.S.STATES IN THIS NATIONWIDE LAWSUIT.
BY DOING THAT CHASE SAVED APPROXIMATELY 2 BILLION DOLLARS AND WOULD HAVE RECEIVED MUCH LESS INTEREST ON THE LOANS . BUT THEY ALSO PER MR POTTER’S LETTER TO CHASE ATTORNEY MS BOLLERO ALSO WROTE A UNILATERAL LOAN FOR ME WITHOUT MY PERSMISION WITH HIGHER INTEREST RATES HIGHER LOAN TERMS WITH BALLOON PAYMENTS ON FIRST TRUST LOANS AND DID THE SAME THING TO APPROXMATELY TWO MILLION OTHER CHASE MORTGAGE LOANS FORMER BEAR STEARNS EMC MORTGAGES.
THE ESTIMATED TOTAL AMOUNT OF EXTORTION ATTEMPTS ON ME BY CHASE MORTGAGE INCLUDING THE BALLOON PAYMENTS DUE IN 2037 WHICH MR POTTER HAS A SCREEEN SHOT SAVE BY ME IN HIS RECORDS IS INCLUDED IN THIS AMOUNT.
THE TOTAL AMOUNT OF ALLEGED STOLEN PAYMENTS BY CHASE SINCE 2007 EQUALS APPROXIMATELY $ 55,000 WHEN WE INCLUDE INTEREST ON MY MONEY STOLEN BY CHASE IN UNAPPLIED PAYMENTS REVERSED PAYMENTS AND NO MORTGAGES STATEMENTS ON TWO LOAN NUMBERS FOR THE FIRST TRUST.
RIGHT NOW THERE IS NO RECORDING OF ANY VALID LOAN AT THE COURTHO– USE ASSIGNED TO A BENEFICIARY OF INTEREST AND CHASE REF– USES TO CREDIT ME FOR THE FOUR PAYMENTS AHEAD SHOWN ON MORTGAGE PAYMENTS FROM 2008 AND THEIR OWN WEBSITE FOR BOTH OLD AND NEW LOAN NUMBERS
AND NOW WE HAVE A FORCED PER APRIL 14 2014 LETTER FROM CHASE MS TERESA SPARKS ATTACHED SHOWING I HAVE A UNILATERAL LOAN MOD ACTIVE AND NOT APPROVED OR APPLIED FOR AND PAYMENT OPTIONS AT 1.86 PERCENT
FOR A LOAN BALANCE OF $ 89,176 DOLLARS AND CHASE’S MS VINCNET LETTER TO MR POTTER SAYING MY LOAN BALANCE IS $ 388,888 DOLLARS ONTHE FIRST TRUST AND CHASE REPORTED TO TRANSUNION THAT I OPENED A NEW LOAN WITH THEM FOR $ 300,800 AND RICK POTTER HAS THAT PRINTOUT AS WELL.
IN OTHER WORDS TWO FIRST TRUST LOANS SIMULTANEOUSLY.
THIS YEAR CHASE GOT THE SECOND TRUST LENDER TO SEND ME AN AFFIDAVIT TO SIGN THAT I STILL LIVED IN THE HO– USE WHICH I SIGNED AND RETURNED TO RUSHOMRE LOAN MGT SERVICES WHICH DOES NOT HAVE AN OFFICE IN WASHINGTON STATE AS REQUIRED BY STATE LAW AND NOT ENFORCED BY WAS H STATE AG .
MR POTTER IS CURRENTLY BEING HARASSED IN VIOLATIONOF THE FEDERAL FAIR TELEPHONE COLLECTOIN PRACTICES ACT BYCHASE’S MR JOE SHEA OF GAHANNA AND COLUMBUS OHIO TO ALLEGEDLY FORCE ME TO SIGN A LOAN MOD WHICH I WILL NOT DUE UNDER ANY CIRUCMSTANCES.
CHASE HAS LIED ALLEGEDLY TO THE U.S FEDERAL DISTRICT COURT JUDGE IN BOSTON IN REFERENCE TO AL L THE OLD ACCOUNT NUMBERS AS SHOWN ON THE LOAN MOD DOCS ATTACHED TO THIS EMAIL BY OMITTING THEM TO THE JUDGE ND COURT PER ORDER UNDER CHASEMDLSETTLENNT.COM SO TWO MILLION HOMEOWNERS DO NOT GET THEIR MODS AND STOPPED FORECLOSURES UNDER THIS LAWSUIT SETTLEMENT ORGINALLY FILED IN YAKIMA WA IN JANUARY 2010 AS A FEDERAL FAIR DEBET COLLECTION PRACTICES ACT CASE WITH A STATED MONETARY CLAIM OF BILLIONS OF DOLLARS FOR HOMEOWNERS AND DISABLED VETERANS LIKE ME TO GET RESITUTION FOR HARM DONE BY DUAL TRACKING FORECLOSURE AND FRAUDULENT LOAN MODS DONE BY EMC MORTGAG BEAR STEARNS CHASE FROM 1999 TO 2010 ON FIRST AND SECOND MORTGAGES THAT WERE ALL FRAUDULENT AS SPECIFIED IN COMPLAINTS FILED BY KELLERROHRBACH.COM IN FEDERAL COURT IN YAKIMA WAS PER FEDERL FDCPA. CONSUMER HOMEOWNER COMPLAINT AS A CLASS ACTION JUST FOR WA STATE HOMEOWNERS.
IT WAS CHANGED AND MONETARY CLAIM DROPPED BY KELLERROHRBACK AND THE FEDERL JUDICIAL MDL COMMITTEE FROM THE SOUTERN FEDERAL COURT DISTRICT OF NEW YORK AND CHANGED TO LOAN MODS ONLY NO MONEY TO HOMEOWNERS ONLY MORE ALLEGED FRAUDULENT LOAN MODS WHICH CHASE IS TRYING TO FORCE ON ME NOW AND I AM NOT EVEN IN THE LAWSUIT CLASS PER LETTER FROM CLASS ACTION COUNSEL EVEN THOUGH I WAS PROMISED I WOULDBE BY SAID COUNSEL IN WRITING AND OVER THE PHONE.
FOR THIS I FILED A STATE BAR COMPLAINT FOR THAT AND THEYDID NOT APPEAL THE FEDERAL JUDGE REFUSAL TO CHANGE CASE BACK TO FEDERAL FDCPA JUDGE ROBERT A STEARNS OF BOSTON MA FEDERAL DISTRICT COURT.
END OF EMAIL
PLEASE SEE ATTACHMENTS FOR CHASE CONFESSION WRITTEN BY THEIR EMPLOYEES IN OHIO BUT NOT SIGNED BY ANY EXECUTIVE SUCH AS MR KEVIN WATTERS OR JAIME DIMON.
AND ON CHASDE STATIONERY AND DELIVERED TO ME VIA CHASE.COM AND U.S.P.S MAIL ON SATURDAY MAY 3. 2014
REGARDS DAVID BLACK
I A M PROTESTING TO THE WA STATE BAR IN SEATTLE WA THE ALLEGED SELLOUT OF ALL DISABLED VETERANS LIKE ME BY NATIONWIDE BY KELLERROHRBACH.COM BY NOT MAKING SURE THAT CHASE NOTIFES ALL 2 MILLION LOAN MOD VICTIMS LIKE ME.
WHEN PART OF THE SETTLEMENT IS THAT THE FEDERAL JUDGE WILL SET ASIDE ALL FORECLOSUES IN PROCESS BY CHASE IF THE HOMEOWNER/VETERAN RECEIVES PROPER NOTICE FOR BOTH THE OLD AND NEW LOAN NUMBERS THAT WERE ALLEGEDLY OBTAINED ILLLEGALLY BY CHASE USING FEDERAL TARP MONEY IN VIOLATION OF THE US FEDERAL FALSE CLAIMS REFORE ACT. WHISTLEBLOWER LAW.
there is a related lawsuit by ny ag eric schneiderman in new York superior court by his office against chase bear stearns trusts after cohen and Milstein sued and settled with chase bear stearns on behalf of the investors in my mortgage which mr schneiderman is using again on behalf of the owners of my mortgage
boilermakes and blacksmiths union of Kansas city Kansas and two other pension funds railroad and health care
all afl cio related labor organized labor unions under jurisdiction of the u.s dept of labor.
regards
David F.Black a permanent and total disabled cold war / Vietnam era veteran by us federal veterans administration and us federal social security administration related to military naval service during viet nam war.
Bobbi Swann thank you! I will read what you sent, and I had that 559.552 in there. The judge ignored so I am going to use Florida Civil Rules of procedure 1.190(d) that I have a right to amend my affirmative defenses with new evidence coming to light. Believe me I plan to bring it all into his face! Thank you! I just found 1.190 after I posted and I am also going to look into some other things with the FDCPA etc.
ldynps I don’t believe I can at this point, as the pleadings are closed and we are one month away from the close of discovery. That Answer I filed was already an amended one the judge gave me permission to file. Thanks, I will look into the rules. Thank you though
Sounds like the bank mafia trying to scare u out of ur home, not surprised and have no fear. They r going down
Flip that pyramid over sunshine…..THEY are in OUR corner….they want a watch that tells the time so to speak…..ACCURATELY…no fraud….in Asia….fraud is shame worthy.. akin to karmic murder. I am ‘sharing’ the news…and it is good.
ps…there is no such thing as mafia….only karma and that we make ourselves….solo.
We are in a safeharbor now…..w big friends…my enemies’ enemy is my Friend….I am from L.A….18th St is on a peace accord…top down…y soy la ona…mi otre familia…mi vatos…we ride.
Im going dancing…to celebrate…
Phoenix Rising.
Chris…I believe you just need to amend your Answer….
I have a very important question.
I filed a comprehensive answer and affirmative defenses. I scoured this course to do it correctly.
Unfortunately at that time I didn’t realize that under the FDCPA I was protected against this debt collector.
Now the judge is telling me it wasn’t in my affirmative defense so I can’t bring it in.
Is this true?
He also says that the UCC “trumps” the FDCPA in Florida. Any knowledge about this?
(Sorry I don’t see how to begin a new topic on this forum)
Thanks
Chris
File your AMENDED ANSWER right away…I think?
@ drchris11 – Obviously you are in the state of Florida. I believe he may be wrong on ‘UCC trumps the FDCPA in Florida. See here taken from the Florida Statutes:
559.552 Relationship of state and federal law.–Nothing in this part shall be
construed to limit or restrict the continued applicability of the federal Fair
Debt Collection Practices Act to consumer collection practices in this state.
This part is in addition to the requirements and regulations of the federal act.
In the event of any inconsistency between any provision of this part and any
provision of the federal act, the provision which is more protective of the
consumer or debtor shall prevail.
As the UCC (which is a Federal Act) you should read the below and pay attention to page 11 with regards to state courts.
Oh, and you should be able to file Leave to Amend as is your right to do so before the close of discovery. If needed, you can research the law library for prior cases that have done so and cite those in your filing. Plaintiff’s attorneys do it all the time. I know, they have done it in my own case.
Good Luck and fight on!
sorry, forgot to put in the link for the UCC:
http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1827&context=faculty_publications
Karen….way to go!!! Thank you most of all for sharing this wonderful TKO..in the 12th…lights out on the 7s. Guuuuurl….you just broke thick ‘unbreakable’ ice….precedence was set…and then shared …..smashes top only of full chilled Dom Magnum….lowers on rope w card…flower..and thanks…..in the end…good always wins Karen and your support team…never easy, always worth it. Again…..by communication like yours…we all share in your VICTORY…JUSTICE….and LIBERTY…you may need 2 yrs to fully recover….expect an adrenaline fallout….tears of joy. 777
here is some all of our stolen money – read article- a partnership between Fidelity and LPS – you remember them LPS Docx that wonder woman who made millions of fraudulent documents
Fidelity National Financial Management Discusses Q1 2014 Results – Earnings
Garfield/Weidner talking about judges allowing perjury in FL. Real reasons why we’re frustrated with the courts but it goes to political system etc as well. It seems some are resorting to not go through discovery it’s so bad. Bottom line we have to do our own presentation of the facts and we have to handle our own situations as best we can. Hopefully doing the former as a group will help us on the latter.
http://mattweidnerlaw.com/florida-courts-taking-advocacy-role-tossing-around-foreclsoures/
Hammertime – the link you provided is my attorney in my case. I not only go to my hearings but I’ve also sat in some of the other hearings for Matts clients. It is a joke! It’s not just one county, but in all of them. I’ve been to Pasco hearings and Pinellas hearings and it’s the same vulgar desecration of due process of law as well as our constitutional rights. Matt Weidner is a fighter but I’ve also seen how the courts are wearing him down as the judges turn their heads from the scrupulous banks. Ice Legal, Evan Rosen along with Matt Weidner are all fighters but war weighs heavy as time trogs along. Let’s all continue to support our fighters just as we support our Armed Forces. : )
Yes, we’re all in this fight together, the attacks on veterans, seniors are salt in the wound. But it’s good to hear there are others out there. Recent posters also reflect how we’re all affected. The recent 4closurefraud posts also reflect how things are going and what a critical time it is.
Would be great to be able to collaborate with these fighters as homeowners.
On that note I’m trying out this file sharing site that can be expanded if it makes sense. I have a couple of docs up that represent just one example of bank “untruths”.
My social media skills are mostly theory but sounds like you have a handle on it and the fc/court issues as well.
You can submit your email at following link and I can send you link if you would like to join up to test “beta” version. http://bit.ly/Si8EL5
If we can get this info out there we can help burst that bubble Mandelman, others and we are trapped in.
Following housing info hit home with Garfileds post today about the shell game.
“It has been a week of weak numbers, and
analysts are now revising down their estimates for
2014. “Several key metrics of housing activity have
shown notable weakness in the first three months of the
year,” wrote analysts at Morgan Stanley who downgraded
the range of full-year 2014 sales to 4.75 million to 5
million units, a reduction of as many as 1 million
homes. “In our view, the rationale for the weakness
comes from a combination of three factors—severe
winter weather; a transition away from investors
reliant on distressed and cash purchases to mortgage
credit-dependent buyers; and affordability challenges
for first-time home buyers.”
” Investors, having priced
themselves out of several formerly hot markets, are now
pulling back somewhat on purchases, leaving a
historically short supply of lower-priced homes for a
usually strong cohort, the first-time homebuyer. “This
institutional investor dynamic is a whole new era I
think,” Robert Shiller, creator of the S&P/Case-Shiller
Home Price Indices, said on CNBC’s “Squawk Box” on
Tuesday. “As institutional investors start to play in
the single-family market, that just changes it
fundamentally.” Regular, credit-dependent buyers are
just not coming back to the market as fast as expected.
In fact, the nation’s home ownership rate fell to its
lowest level in 19 years at 64.8% in the first quarter
of this year, according to the US Census. Household
formation is also running at about half the rate it
should be, given current demographics and pent-up
demand.
“Household formation is critical for the housing
recovery. With so many young people living with their
parents or roommates during the recession, the housing
recovery now depends on how quickly young adults
re-enter the housing market,” said Jed Kolko, chief
economist at Trulia.”
Here’s to 7 years! (says man in corner lifting his glass)
‘zilla smashes magnum on outside of c uh-oh’s office window…pours half to parched onlookers below….champagne flows for us too….christ we paid for it…didn’t we…..I would NOT want to be Jaimie….Steve….Matthew…any of them….Timber!
The new york ag is going after chase in state court in new york city
For fraud n the Sacramento .ca us attorney mr Wagner
Is as well us doj
I called him today
Perhaps we should all call mr Eric schneiderman at his
Office in new york city and mr wagner and turn
State n federal witness n our complaints as well
As to MetLife they sold their mortgage rights to chase
N are out of that business entirely
Regards
David f
thank you capn’ ….
met life is out of the biz correct…and yes…I helped get them ‘focused?’….but they have 4.2 million (or a substantial portion thereof)…of carcasses they walked over to make those cozy..fancy expensive commercials…you know..the ones where mom is left w no life insurance but FretLife saves the day….rest assured…MetLife cares….snoopy…smiles…and fraud….a hat trick of bully tactics…I call BS…MetLife cared about as much for me as well…the lawyer they hired to ‘do battle / do fraud…news flash..if they’re caught in a barrel. ..it ain’t really fishing now is it? God help MetLife…I will drop this stock single handedly…..while I prepare my WB suit….Rust is on my $hit list too….Matthew Potter and Steve Kandarian…and Laura Burri….come get famous….come get your prize….you earned it…..advice: always know who you’re robbing…j/sayin’.
We will fight this and we will win our $ back…with interest….global and heavenly….7up.
$33 m x 3 for punis….ORCA CA #2 <— liver / onions…..
777
I’ve set up a place for file sharing. Could be expanded for full social media but want to test out first. I’ll friend emails I have from recent posts if you would like to participate in a beta run for file sharing and start/build dialogue for other ideas.
I won in court today as a per se, only got as far as taking apart the witness for bank of ny, bayview. then Shapiro, Fishman attorney McFadden all of a sudden with drew from the case with out prejudice? I think ,this is a 2008 case, with robo singed assignment, how do I get attorneys fees back, went per se after 2 attorneys failed to put forth what I knew would win the case, any advice would be helpful, also want to void the MIN# and loan #
thanks for everyone out there, between the Father’s help and everyone we prevailed!!!
Karen – Contact me by email, or call me.
Make sure there is a Notice of Voluntary dismissal in the court record OR a transcript of the hearing where he says he want’s to voluntary dismiss the case.
I don’t like giving my details publicly, and don’t post my phone number as digits, but do call and we can sort out the results of the court hearing.
This is an invitation for Karen only. My area code is for Broward County FL and the exchange is number is seven two eight, with the last four digits of nine three five one. If I am out leave a message.
Great news! Congrats! It’s a great feeling to see a post like this though too few and far between. But hopefully will be a start to a trend we can help push along.
Good questions we can hopefully follow up on. Did you include quiet title in your case?
Please sign on the file sharing, if you haven’t, and we can review your case files.
@ Karen – you do realize that ‘dismissed without prejudice’ means that they can come back and file again? It only dismisses the current case but gives them leave to file against you again in the future.
In Florida there is no such thing as taking a voluntary dismissal without prejudice.
If voluntary dismissed once it is as if the action never happened. Automatically without prejudice.
If done over the same note with the same alleged default date it is automatically with prejudice.
If done after the trial has started it gets more complicated, and even if it is the first time MIGHT be automatically with prejudice, depending on what stage the trial is in. This sounds like your situation.
Whether or not it is with prejudice, (prevents the same complaint being filed again), is a mater of law under the rules of civil procedure, not something the party can elect.
So did the court dismiss the case, or did the party take, or notice, a voluntary dismissal?
I would like to talk to you further so I understand exactly what happened, and to make sure you have the right end of the stick. Sounds promising. Let’s make sure there is no wiggle room.
Karen – I have re-read your note. I understand you are excited, but you said:
“attorney McFadden all of a sudden with drew”
An attorney withdrawing is not a win.
An attorney withdrawing the pleading by filing a notice of dismissal is a win.
Karen – Please contact me by method described in my note below and we can discuss what you need to do to confirm this. Also I may be able to suggest were to look for the right resources you need, which will guide you regarding recovering your costs if it is actually dismissed.
Hi
Both good ideas
Out here no attorney understands banking regs or title 12 federal banking law
Second they want 25000 dollars to take my case and they haven’t got a clue what to do
Third I am a disable veteran with THI and PTEDD and I reps myself in federal court years ago
Against Great western bank of CA. In VA. Federal court
I can’t do that anymore to much medical impact on me
So now am using my stockholder rights to do discovery from chase
I sued them before us bud and I was treated really badly by hud region ten ECHO under title VICK
Fair Housing Act and I could not find an attorney to rep me
So that is the state of we vets fighting chase
Regards
David
Title VIII Region 10 Seattle WA. FEHO
Sorry for typos
PTSD
TBI
Hi Bobbi
If chase played by the rules you are right
However they dont
So in my case and others
They claim the new loan is a transfer of the old loan
And therefore what you wrote doesnt apply
But the old loan was extinguished
Including the old loan numbers
Starting with 002
Now i have to get the proof that TARP bailout money
Was used to extinguish it and the new loan
Must be handled like you said
Regards
David
And thx for your helpful posts
David, why don’t you contact an attorney or two who can explain LEGALLY what went on, and then let us know. And why aren’t you petitioning the Court to make Findings of Fact and Conclusions of Law on your matter and doing your Discovery !!!
Tom
Hello Frank
Thx for sharing
Would your attorney consider accepting me as a client
My pro bono attorney has had a muzzle put on him and does
Nothing but look the other way
Regards
David
My email is
blackvan@yahoo.com
If i hear from you i can give my cell #
Thx
FYI I feel for you I to have been fighting Chase for over 3 years where many people would have walked away. In my case I have some good investments which afford me the cash flow I need so everything that they throw at me my attorney answers. My next step is I am going to have my attorney start sending subpoenas out to depose some of the Chase Employees whether they are still employed by Chase or not I know it will be costly but who cares. I am presently waiting for the Judges answer on there motion as well as my answer.. I feel for families who do not have the financial resources to fight them. It is a complete sham what our banking industry has become but hopefully justice will prevail and we can score a win for the little guy.
For me it has been seven yrs
David f
Check this out: http://www.oneidadispatch.com/general-news/20140430/new-york-state-chief-judge-jonathan-lippman-aims-to-bring-fairness-to-consumer-debt-cases
With the recent opinion from the Florida Appeals Court on the HSBC case lately, wondering if the Florida courts would have cause to review their opinion…..
Hi Bobbi obviously you r more read up on this than I and I am learning from you because when chase offered me a forebearance that lead to my ” permanent” mod which chase never honored. I noticed that they were waiting until they had received enough payments from me to make up one of the original payments before they would apply them and yes they have been dual tracking me from day one. I have record of all my payments and I suppose at some point depending on this class action settlement, I will have to see how entirely they were applied.
david, it seems to me that you would have acopy of the original mortgage,executed and if chase created a fraudulent mortgage, they would have created a fraudulent signature on your behalf and furthermore if it was never recorded, then I would think that it would not be valid in a court of law. I don’t know what state you are in, besides frustrated. I am really sorry to hear of your situation. Im sorry I just don’t understand how they could create a whole new mortgage without you being first advised by Chase, but we all know of all the fraud they are getting away with and they are not getting richer off of me because if they fail to honor for the 3rd time the HAMP they gave me in 2010, I will take another route to expose them. plus that net present value calculator should not even apply. CHASE BREACHED, NOT THE HOMEOWNER.
Seems a court action for Declaratory Relief ,ay b in order ? What do attorneys say.
@ Lms – I’m not bitter; just facing the facts. If a loan modification is TRULY a modification, then it has to be recorded in the public records just like they recorded the mortgage. They have to show in public records that such mortgage was ‘modified’ from it’s original terms. I do not know of any modification that has been recorded and these lenders have no intention of doing so. First of all, if a loan has been securitized (bundled& sold) then technically ALL of the investors of that particular securitization have to consent to the modification. Servicers don’t have that legal power to do that. Understand that when a loan is sold on the secondary market the original lender was paid from the proceeds of that securitized sale. They never recorded the assignments when those loans were sold so you never knew. They set up and used MERS as a means of avoiding the payment to the county recorder’s to record all of those assignments. (that’s another story altogether). When your lender makes a modification agreement on a securitied mortgage it is worthless!!!! Check your county records under your legal description. Any modification recorded there? Check the modification paperwork as well. Do you see any type of notary acknowledgment for the lender? What about your monthly statement showing any of those payments going to principal reduction? None of these will be there. That’s my point! Again, not bitter just facing the facts. These lenders are just taking people down the road, collecting monies and never applying the funds but holding them all in a suspense account and all the while showing you delinquent with an open door to initiate foreclosure.
we shall overcome….dave this is your purpose….meaning in the end…find it.
mr diamond is not above the law….no one is…in fact…I get harrassed by abusive mental midget cops and get jaywalking tickets that cost taxpayers $5,000 w a face value of $5….just like everybody else…..diamond…I hope they make earrings out of you…silver bracelets…anything …just end the corruption one c ‘uh-oh’ at a time…. agreed? My dog could run a multi national better…at least she doesn’t lie and squash dreams….like ‘Jay Me’…..if disabled vets like Dave do not start winning….their fights….then Jay Me…..I will make you call me….and you won’t like that…not one bit….ask Steve down the street….I have cost FretLife…..well…$Billions….yup…w a B…..you Jay Me…..we would swing for the fence…for the ‘T’… $trillion$….and you in a federal prison….any….pick one….just can’t be club fed….it’s full….new rules…mine.
Thank you Captain….like network….you gotta get mad…..grrrrr
777
Hello lm
Bitter is the wrong word
If anyone had chase try to extort them in one form or the
Other for $ 427,000 in seven years they did to me would be broke
Like me.
I pray for chase every day that they are shutdown asap
Broke is the word not bitter
And i need my money for meds and rehab
Chase got fined for targeting disabled vets like me $ 55 millionq
Million but that didnt stop them cheating more vets like me
On their mortgage
We dont get to have breakfast with obama or lunch with the cia
Like jaime dimon
We have to live a real life and abide by the law and pay
Our mortgages no matter what laws chase breaks or promissory
Notes
And i object to that characterization when chase
Created a unilateral loan i never applied for
Or affirmed
Regards
David
Chase has every intention of screwing every homeowner in that
Settlement
St snd 1
They already did by lying to the judge allegedly
By not telling him about the other two million mods
From 1989 thru 2009 on 1st and 2nd mortgages
That savings ie your wealth is going into jaime dimon’s
Pocket and swiss bank account and his wife’s too
Just like bernie madoff who he helped do his thing as well
Regards
David
Mr. Franklin et al.
I received a remarkably poignant call this early morning….mountain time…think 3 am….early…silent white owl early.
Was Bangkok and London Calling….a teleconference of bankers….arbitrage ‘voices’…and someone in a thick Latin accent….said ‘mi casa es 18th street’ and I laughed…they like to f w me….so the call was a heads up of sorts…..said 7 things:
1. we ♡ godzilla….then they said it again
2. they said we have the dragon in our favor
3 they said the Lotus shsll bloom??
4. they said the ny bankers must serve jail time…this time.
5. they said metlife and chase have …..boo-boos…big ones
6. they said our idea of seeking immediate restitution is ‘supported and encouraged’
7. they ssid thanks to This Board… so I said I would post the nod….
snoopy killed my service Labrador s….
zilla swings from flagpole….shakes manhattan…to its foundation. 777
jay me….steve….matthew…laura….YOU are now on the Radar….THE SHOW.
capitalism is really starting to reek…. when will these ceo DBs learn??? New York….you greedy bums ALLOWED this to happen….you were so impressed w their egos…their suits…their greed….. metlife is at $51.50….w a dividend being paid…Abigail…Im suing you too….greedy bitch…..owning a fking corporate meat grinder….fraud will kill America….And I wont care…..let it burn….one ceo at a time.
Jay Me….Steve….Laura…Matthee…..Jesus hates you. Bigtime….. I wont stop until snoopy is bbq’d…… 20 years each. Obama….you are weak…so fn weak…..I want to puke….nice going Holder….scumbags….all of you. Weak scumbags…
bobbi, I am not lookin for a payout, only settlement of my loan. Have you read the settlement conditions? If they don’t comply with the settlement agreement, then they will have to be forced to. There never was an intended payout, except to the attorneys. Why are you and david always so bitter?. I know we are all getting screwed here, but that settlement is one of the few chances I have left so I remain hopeful. There was never any payout , but they are supposed to make good on the modifications that they reneged on.
Who will join me in painstakingly documenting EVERY error and wrongful act, filing civil actions based on them and then doing MORE discovery and obtaining injunctive relief and declaratory judgments.
There are a growing number of debtors who are receiving favorable settlements, however as a condition they MUST agree to a gag order that says they will NOT disclose or publicly discuss the terms of the settlements. THIS is why some of our best ‘fighters’ have clammed up – they had to.
I don’t know why you folks have not been offered settlements just to shut your public voice-ings up, ARE YOU ASKING TO SETTLE and MAKING THEM OFFERS while you’re obtaining documentation that could prove very costly for them ? EVERYTHING YOU OBTAIN CAN BE PRESENTED TO GOVERNMENT AND THE PUBLIC – in fact do you all know how to OBTAIN THE RECORDS THAT GOVERNMENT AGENCIES HAVE ? which can be FILED AS EVIDENCE IN YOUR OWN CASES ???
Anyone who needs help identifying and going after things, I have extensive experience in this and can be of some assistance to you perhaps. I work with folks to basically ‘produce their own documentary’ for use in court, with law enforcement, legislators, media, etc. TALK doesn’t do it…EVIDENCE and the LAW does. DOCUMENT DOCUMENT DOCUMENT… FILE FILE FILE…
and ASK ASK ASK.
I would join in…then go silent. No prob. I have a high batting avg. so to speak. You want me.
Yes to the second part as well. MetLife has received my final offer of settlement of $3m. . . They are are bank…they have money…mine. lets do this…
Chasemdlsettlement has a clause in it to shut up. I am laying low till I see what the settlement offers us. A payout is worth more than the truth unfortunately and maybe a lot of shut up with a payout
It’s a sad shame, but we need a roof over our head
Are you really thinking that there’s going to be a LOT of payout on this settlement? You are kidding yourself and living in fairyland. Even the National Mortgage Settlement only paid out the highest $1000 and the one with the settlement agent was, what, $300. Dream on. Those payouts were a slap in the face but my dignity and self worth has a higher price tag than a measly $1000 and this settlement is not nearly the size of the national settlement. Chase is being levied FINES and those fines are being paid to the gov’t. I highly doubt with those of us as bottom-feeders will receive more than a pittance. You should be able to acquire a dog house for that price (literally),
Wamu was given to chase through merger forced by feds
Chase didnt pay a dime for wamu
The wamu bondholders are. Still in federal court fighting that
Theu did not receive a dime amd no income from chase
On their bondholdings
The actual docs for this have never been signed off by thw feds
Regards
David
I am sad for us all that we dont have better and honest
Leadership in chase management
Well david, I am not sue what the outcome will be from the chasemdlsettlement but reneging on a contract was certainly just one of the things that they have been accused of. yes it it true they never had any intentions of recording the modifications. That is obvious by their crooked actions. My case is not like yours. I have always had one acct # and there is no evidence that Chase ever sold my loan to anyone. They were the original lender and there was never an assignment recorded so I maintain they are the owner and servicer of my loan until I see their fraudulent note and endorsements of that note which I cant wait to see. The class action was formed for a lot of the “mistakes” they were making and we all know they were doing what they were doing on purpose. They never had any intentions of honoring these modifications ever how they went about it. I am sure they are going to try to get around making good on all the people they screwed and are part of this mdl settlement. That remains to be seen. In the meantime, I am sorry for what you have been through and continue to go thru with Chase as we all are feeling the same pain and frustration. I don’t really care about their purchase of WAMU and how they wrote off everything. We will really never know the complete story on that. What we need to focus on here is what we all do have in common and try to build from that. I consolidated a wamu loan with chase before chase ever bought WAMU, but I sure they were contemplating it at the time I refied. Any bad debt that belonged to WAMU ( and I was never in default with WAMU), Im sure was extinguished somehow. I wish us all good luck and hope we accomplish what it is we are looking for. Good day!
LOves Godzilla
Remake movie is out may 24th
David
Thx Trevor you are inspiring
Ok
Did Rust Consulting Services BURN you too?
call Lori at the MN AG’s Office….I just did. She will hold Matthew Potter’s (pres of rust) well healed feet to the fire….or I will hold their State Accounable….failure to investigate is:is a crime….I know…I know…but ‘theeeeey’ always did it like this….
folks…That Was Then…This is Now….our now….our time. Matthew’s on the potter right now….wincing…..can’t go…scared….someone’s smashing down the door….talking about connections to Chinese Banking Families…..holy robo-signature batman….the people actually got this tiger by its tail….this American Bankster’s folly….come to the feast…help eat the beast…never again….’conslutants’….break it down…con+slut+ants…
fraud / for money / small (dark nrg)and plural….
class dismissed….oh…ps…metlife chose court…fine….more for me…in time…for us…us:us.
buy the ticket…take the ride….and buy the soundtrack to Lawless….the movie….play it while you read this website…..then put some more wood on the fire…in your own way….more wood behind the arrow. …..so to speak…so speak (up)….oh p.s.s. there is no up…no them…no then…only us…here…now.
1♡….2 wings…..1 bird….fly.
777
GZ…….
Please send your chase material to
blackvan@yahoo.com
Thx
david
Ok standing by hammertime
lms you can leave me an email here http://bit.ly/Si8EL5
I’ll send you an invite to site where we can exchange files and have more discussion and collaboration. I want to test out the file functions first and see if we can lay out some key ideas before we open the flood gates (we hope!) Can make profiles, posts etc private and we can add more functions as we go.
Id like to see your file about chase corruption and your case
Against them
I have a letter from chase v.p. level on their stationery
Trying to extort money from me over NNN$$ 80000
They have tried to extort money from me four times
Including a balloon payment on a loan that i never applied for
For 313,000 dollars
For a total of 420,000 dollars
Regards
David
The us attorney on portland oregon mr uran dismissed it
But mr mcgregor of us attorney im sacramento ca
Is trying to convict chase for felony conduct
We sjould help him
One more conviction and chase is out of business
For good per us law and treasury regs
Sorry for my typos
Regards
David f
In my 42.5 yrs on Earth…this time round…nanernanernaner…I have found there to be two types of people in the world…nancy kerrigan (s) and tanya harding (s)…David is of the former if this makes sense….I use the ladies as duality ref ONLY…truly you have to choose…as the story goes…David is humble. ..he would never announce his brillance…so I just did….
I spoke to him the other day and his background and technical expertise litterally blew my mind….listen to this man….I sure did.
I placed a $3,000,000 final settlement Offer for fraud committed against me….personally..my County, ‘ADA’ in the State of Idaho. I made this offer to Mr. Steve Kandarian, CEO MetLife Inc. NY/NY.
I have filed my police report as required by State and Federal Law(s). I have to report ALL crime to local…state…regional..federal law enforcement. …my duty as an American..so I do. For me…for you.
I was the early whistle blower on MetLife….to Feds…..they H8 me.
If we go to trial….im seeking $33,000,000 usd….x 3 for punis….7th yr….seven years of battleax battling and well….the offer is on the table….your move snoopy….
oh and I hereby nominate the honorable david as CAPTAIN of this …our new age vessel of force….(tbone hands dave purple heart w red to blue seven and cross star and stars to david)….for valor…for integrity. …for 2014 ‘leadership’….for this to work…we need ALL to consider ‘second-ing’ the motion……. thank you david….no joke…prepare for settlement…stand by for update…..steve is crapping his 88th floor britches…
knock/knock
who’s there…..?
godzilla.
You are right
However i becsme a stockholder in jpmc chase
That gives me and sll of you big rigjts to demsnd info
N other things
Noe if 3 million stockholders with just one share of chasr
Stock we wpuld be fighting from the inside
And we may have allies like Afscme and scio labor unions
Thst own 40 percent of chase
We would have corporate governance and control
Over chase mortgage and could stage a coup of
Chase management
Afscme tried this already and itook the sec to stop it
We need to do it again until we can get ride of the board
And kevin watters of chase mtg banking and ceo
Regards
David
I agree with the coverup
I sent 36 uscfpb complaints and none were ever signed
By a corporate officer of chase and therefore worthless
Our entire fed govt is owned by chase
Uncle sam is now private industru ie chase
And does not bave to provide
Constitutional equal protections
We should bury congress with complaints not the uaeless
Occ and uscfpb and fed reserve that is owned bu chase
My experience is Congress, elected officials are passing the buck. Otherwise they’re against bailing us out since we’re “deadbeats” while they bail out the banks in the name of “freedom”.
I have questioned why no one from Chase signs their responses from CFPB or QWR’s. I’ve raised this to question the single point of contact and if they are knowledgeable about my case as required. That’s how we connect the dots based on fact as Garfield or 4closurefraud posts and Tom are saying. It seems alot of cases are lost not because of a coverup but because the plaintiff didn’t present facts! There have even been cases where the judge has told the plaintiff’s lawyer how they ignored the facts.
I’m frustrated I’m still in limbo and CFPB claims they are looking into broken laws but can’t do anything while it looks like by filing complaints I’ve stopped sales including last week.
If there’s a coverup we have to show we are being ignored and being denied our rights and the relief that’s already out there. We need to continue making complaints and make our own public case like we’ve talked about as a group. If you or I do it alone they will always say it was a mistake and pat us in the head or make a big show out of stopping a sale like so called advocate groups do.
I have all my correspondence and plan on using it and if it will help all of us, just let me know and I will get it to you or whoever needs to see it to show just how corrupt these lenders r.
If you have them in pdf form would be good. You could edit pdf’s with GIMP if you don’t have pdf editor to x out any sensitive info. I’ll shoot to have a place to send by Friday.
I think they extinguished the WAMU portion of the loan and are still trying to make me pay it. my mortgage was recorded but not the note. Since I am part of the Chasemdlsettlement, I am hoping that they will be forced to honor the first modification they gave me and they had wrote off a huge portion of the principal and I suspect because of the part of the debt that I consolidated into chase from Wamu, they had already wrote off or paid with TARP.
@lms53 – Promissory notes are never recorded. A note is the instrument by which you have agreed to pay and the mortgage (or in some cases Deed of Trust) are the only instruments which are filed because they are the collateral for wich you have agreed to encumber as part of your ‘promise’ to pay. That’s why they call it ‘secured’ otherwise without the mortgage secured against the note, the loan becomes unsecured. In that fact, foreclosure action is not possible against an unsecured note and if in default of that type of situation would only be a lawsuit to recover monies – totally different animal than foreclosure. If a situation where the TARP funds were used to pay off mortgages you would have received not only notification by mail (which was required) but also a recorded satisfaction of mortgage. That satisfaction would be reflective within the county records.
hello Bobbi
I do not agree with lms53. Chase is lying to everyone allegedly saying they transferred the WAMU servicing and bear stearns servicing in a simple mortgage servicing rights transfer. like you they are making me continue to pay on a new loan which my attorney characterized as a unilateral loan with higher interest rates and new loan terms including a balloon payment in 2037 for $ 313,000. the only place you can see what chase is doing to others is chasesux.com not sure of the exact spelling.
title 12 of the united states code says a loan transfer including msr transfers must be the same both before and after the transfer. no changes allowed
because chase is lying allegedly about the extinguishment and saying it is just a simple transfer in your case with wamu and my case with bear stearns is that gets them out of one not having to record the extinguishment at the courthouse and the creation of anew loan without your permission which is illegal. and two it gets them out of having to pay for the other 2 million loans that were modified from bear stearns plus wamu loans and having to pay for it. TARP money was definitely used to extinguish these loans and the chasemdlsettlement.com screwed up their plan. plus I sued them for mortgage discrimination and predatory lending under 49 usc 24 cfr title VIII fair housing act . all of chase’s acts are discriminatory and they are allegedly violating so many federal laws and states laws it is beyond comprehension.
so lms53 characterization is wrong flat out wrong. he calls he mdl settlement a breach of contract suit. that is not what it was filed as originally here in Yakima wa for a claim under the federal fair debt collection practices act for fraud and extortion for modifications and stealing peoples homes the original plaintiff in Yakima was a lady who had her house dual tracked after asking for a loan mod.
highly probable that with this new loan mod from the settlement you still have to pass the net present value model per federal reserve regs and no one passes it.
so that means you will be dual tracked and take your payments put in suspense accounts like before and then foreclosed while chase puts you on the phone with 50 of their corrupt employees who suffer from pathological lying to customers like you and I .
so again lms53 is wrong wrong and more wrong.
the original lawsuit for amonetary claim was changed by the federal judiciary
mdl committee out of the federal district court in new York and that claim went away and we all got screwed and the attorneys did not appeal that.
they get $ 10million dollars and we get nothing.
chase and kellerohrbach.com refuse to put me in the lawsuit for my mod on my emc chase mortgage for first and second mtgs in 2008 saying i got a final mod. a final mod has to be signed by a corporate officer and chase never signed mine and tried to manufacture a default three times. they are still trying to do that.
so chase is lying to get out of having to record the new loans with no disclosure which is all a felony in my view. and we have yet to discuss hew derivative hedge bets taken out by chase on all of your loans that when they cash in those bets they make up to 43 times the face value of the mortgage. that is what is driving their behavior.
and all of it is illegal and the ACLU is suing the banks for discriminatory securtization of these predatory loans out of their office in new York city. I talked to the lead attorney there.
regards
David f.
Great info Bobbi we can use to cross check. But again we have to untangle the web. Good knot to start from. I always mix up Deed with Note as to recording. Actual requirements vary by state. Another part of this that is used to mix us up is when they claim Deed follows the Note which was never real clear on how it’s applied. From what I read it may vary by state. Coming full circle to basics that Note becomes unsecured if Deed separated. Again just my layman’s understanding.
@ David – Your are absolutely correct about the transfer of servicing and you are also correct about modifications. This is the very reason why I am so strongly against modifications. They are just another ‘set up’ for the borrower to fail. I know of no modification that has lasted beyond 12 months, if even that long. Their intent is to never apply those payments but hold them in suspense accounts and all the while they lie in wait to pounce back into the foreclosure scene. Mortgage modifications, if done properly and legally, are to be recorded of public records. Since they are never signed by any authorized person at the lender, they are never recorded.
@ hammertime – the (promissory) note and the mortgage or deed of trust (depending on what your state statutes require) are supposed to follow each other. It has always been the ‘note follows the mortgage’ however it has been challenged in many cases and there is definitely a conflict within the UCC Code as to whether a note is considered a negotiable instrument or not. It is confusing for those states where there is a Mortgage Trust but in all transactions the seller conveys the property to the buyer via a Deed, which is recorded and returned to the buyer. A lender is never to have an original recorded Deed. On the same side with financing, you will have the “Note” and “Mortgage” or “Deed of Trust”. The promissory note is not recorded but the Mortgage must. Unfortunately, in those states that use a Deed of Trust the rules are very much different when it comes to foreclosures. My opinion is that non-judicial (where the Deed of Trust is used) is wrong, wrong, wrong! For the rest of us in Judicial states, there is a constant battle to change it. Just another fist to exert control!
The other part of this is they cannot be separated but the “following” is used to fudge things up? Before all this non judicial was seen as not allowing due process.
I complained numerous times to both the consumer protection agency and the office of thrift supervision and all I got were letters and chases responses which were lies. I even appealed and never heard back. One big cover up.
But now you should have documentation in hand that shows the lies. See my response below on WaMu part. If they weren’t satisfactory complain again and use the exact verbs and requirements from the settlements. From my responses I have direct evidence. I believe my case reveals many of the contradictions and I’m going to shoot to get it out there. Hopefully we can have strength in numbers. Involve your local officials as well even if they don’t seem supportive. I’m working on a way to use the settlement approach that we can tie in to what Tom’s doing.
Meant to say verbiage.
Found the copy of the foreclosure manual from Wells Fargo…they attempted to have it with held from a Bankruptcy case and the Judge said NO…it will be entered as evidence of the illegal process to forge whatever documents they needed! This should put a friggin nail in their coffin…read it all if you are fighting Wells…very interesting!
http://www.housingwire.com/ext/resources/files/Editorial/WF-Attorney-Manual.pdf
Should be used for Settlement(CFPB) and state Homeowner Bill of Rights complaints. There should be a tidal wave of complaints sent on “unreliable evidence” that can possibly go to invalid foreclosure documents filed or broken chain of title.
in relation to http://www.chasemdlsettlement.com, chase used trap money to payoff the bear stearns loans including mine so they allegedly didn’t have to tell the judge about the other two million modifications done to first and second mortgages. in other words they extinguished their existence.
and then under the fake veil of transferring mortgage servicing rights they in my case created a new loan with higher interest rates and loan terms including a balloon payment in my case. and they are not complying with the promissory note either and so far allegedly stolen over $50,000 od my mortgage payments and escrow funds under loss mitigation for loans I never even applied for.
the old loan is reported t o the credit bureau is paid off.
so now I don’t have a loan but am still paying them.
regards
David
my challenge is to verify that tarp funds were used to extinguish the loans
and the new York ag is suing chase bear stearns trusts again on behalf of the investors.
TARP NOT TRAP
N NO DISCLOSURE OF ANY KIND
That should be a huge no-no to change terms while claiming simple transfer. This is where you not only have to follow the money but have to track where the breaks in the chain are. Have your complaints laid out exactly where your documents don’t match what they claim? Don’t mean to be too basic but thinking in terms of forensics. In my case alot starts happening in Sept ’08 when the WaMu “sale” went through even though “my WaMu loan” had been paid off since ’04. I’ve never left it to this “coincidence” though and over time got the evidence I believe makes my case. Like with you though lawyers, officials even family don’t want to believe their lying eyes.With your case, my case and all the others that have been active on here we have a strong set that shows the fraud, extortion and everything else if we can bring it together.
You all realize that the more uncovering of misconduct is documented, the better the chance of getting a foreclosure – pending or already finalized – tossed out.
To show you just HOW complicit regulators have been in the fraud, it has now been discovered that the Office of Comptroller of the Currency and the Federal Reserve overlooked massive numbers of errors in banks foreclosure files. The consulting firm Promontory Financial Group found far more errors in banks’ foreclosure files than regulators.
Rep. Elijah Cummings, D-Md., usually an apologist for bank misconduct, wants to know why.
Knowing Rep Cummings, I would not be surprised if he blamed Promontory, the investigative firm, for the difference, but he is up for re-election, so this time he might propose or support action holding the REGULATORS – long overlooked as being in on the fraud – to new, higher standards and disciplining some of the industry insiders who run them, instead of protecting them, which he and others in Congress have been doing.
The OCC was faulted for their handling of complaints in ’08/’09 as well. We should also have him look into the unlawful acts that were admitted by the Independent Foreclosure Review that Sen Elizabeth Warren asked for. Sen Warren is speaking out against the administration and the GOP in Congress with her new book. At least a couple of potential allies.
Ah thanks! this time it worked
That’s how I got involved with chase. Consolidated a arm wamu loan with chase in 06, but it was before chase bought wamu. I am sure they wrote off wamu’s liabilities
@ Lms52 Loans on the books from a failed institution are never written off. Those mortgages are considered ‘assets’ and were sold to JP Morgan Chase for about 1.9billion, Their liabilities as you referred in your post would be advances from the treasury and other debts like lease payments on properties that housed WAMU. At any rate, any existing mortgage with WAMU then was transferred to JP Morgan Chase.
Ok now this is good, let’s break this down since this could be the key to blowing up one of the big lies of it’s how things were done and we should just accept what they say. If you made a “new” loan with Chase in ’06 it is NOT a WaMu loan! But this is where I believe it gets twisted. They manipulate the fact that it wasn’t a “new” loan because THEY failed to actually go through a transaction or properly record the Note etc to include non WaMu loans in the sale that should not have been included if what I’m seeing in my case and yours bears out. This is another version of what David is saying I believe with TARP. If I’m understanding you correctly your loan just like mine should not have been considered a WaMu loan and they should not have claimed it as part of the sale. So there are two basic arguments in these types of cases, first that the sale and/or TARP actions extinguished or there was payment made to the balance and the loan was changed and the “new” lender is enriching themselves or second that there’s a broken chain of title and they are either in error claiming the disputed loan to be a WaMu loan or possibly fraudulently took the Note or benefited by claiming it was a WaMu loan when it wasn’t. Hope this makes sense but probably won’t since it’s based on the fraud and deceit they created unless you make the distinctions and I’m in brainstorm mode!
Thanks for trying. For some reason that link doesn’t work. Thanks though
copy from the @ on, from http without the @ and should work
Couple of interesting cases that show we are dealing with the manipulation of our laws and legal system at every level.
From the DOJ case filed by Better Markets, Inc regarding Chase’s own possible fraud rather than blaming Bear Stearns, WaMu:
“In preparation for the news conference, the U.S. Attorney for Sacramento, Mr. Benjamin Wagner, flew to Washington D.C. on or about September 23, 2013, with at least two large charts detailing JP Morgan Chase’s illegal conduct. U.S. Attorney Wagner had amassed nationwide evidence of fraudulent activity by JP Morgan Chase itself, apart from the conduct of either Bear Stearns or Washington Mutual. Further, the DOJ had the benefit of detailed information from at least one employee inside the bank, a whistleblower, who was assisting prosecutors. The DOJ planned to display those charts during the news conference as part of the presentation of the lawsuit describing JP Morgan Chase’s illegal conduct.”
The settlement didn’t allow this info to be presented in court is being alleged along with strong separation of powers, Constitutional issues.
From class action filed that was dismissed it looks like due to jurisdiction conflict? with national mortgage settlement, http://chasehomefinancesux.com/?p=3104
“Bakenie further claims that Chase’s “pattern and practice of playing ‘hide-and-seek’ with debtors, judges and other bankruptcy players” resulted in the bank securing motions for relief of stay and proofs of claim in 95 percent of its cases. According to the lawsuit, an extensive network of attorneys working for Chase filed more than 7,000 motions for relief from automatic stay in bankruptcy cases in the Central District of California, “wherein they falsely claim to be the party entitled to monies due under the terms of MLNs.” The lawsuit also claims that Chase rewards attorneys based on how quickly they can secure the stays, and uses fabricated documents to establish chain of title on loans.
Essentially, the lawsuit claims, “Rather than incur the cost of ‘proving up’ its own standing or the standing of its principal Mortgage Backed Security Trust, Chase systemically misrepresents Chase or a designated MBST to be a creditor in tens of thousands of bankruptcy cases by utilizing manufactured documents. “
The lawsuit also claims “That said practice allows Chase to dump defaulted loans that were never properly securitized by Washington Mutual (WAMU) and other originators acquired by Chase into private mortgage backed security trusts by creating the illusion of a valid transfer. Said practice shifts the liability of defaulted loans not properly securitized by WAMU, from Chase to private mortgage backed security trusts. The practice allows Chase to effectively mitigate the millions of dollars in liability of the WAMU acquisition, where WAMU failed to transfer MLNs of its portfolio before its demise. Said practice shifts losses from WAMU to MBST bond investors.”
This could be strong support for our individual cases or a group case and for us to continue ot make complaints at local level as well. A local agency in PA had demanded a copy of the complaint the DOJ was to file but Chase settled with them.
Where can we see the six-minute segment?
@http://consumerist.com/2013/09/30/watch-cnbc-rush-to-the-defense-of-jpmorgan-chase-ceo-jamie-dimon/
minimizing links having trouble posting
when it comes to chase extortion is a better word than fraud
even their own employees are suing them and blowing the whistle on them
David
whar happened to the rest of this thread it must have been wiped
hammer there are no complaints on bills.com
none. for chase or anyone else
The entire thread is there but you will have to click on ‘older comments’ to bring them up otherwise it would be pages and pages long. I’m sure the design of the site is meant to be streamlined but does allow you to pull up the older comments.
still here http://www.bills.com/chase-home-finance-lender-profile/
Under Chase Mortgage possibly. Interesting they give them 4.5 rating while there’s over 100 with 1. Again in group form we can ask them to tell us how that works! “Knowledgeable Customer Service”?!
Another good quote from CNBC story on consumerist, second try
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no f’ing clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?”” edited
Another quote from CNBC story that nails it:
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no fucking clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?””
@ Hammertime and all others, please bear in mind that this segment ran back in September 2013. Since then, the Chase settlement has been made and Dimon is still at the helm. Little good this news did and Maria, by the way, moved to FoxNews (YIKES!) the following month in late October or early November 2013. Maybe she was forced to take that stance on MSNBC’s policies….FOX certainly does not!
Looks like there was a full court press to give Dimon free pass. I’m surprised she moved but I think she still has Sunday show? Musical chairs. I’d been pretty disgusted with cable news, any news but good to see how it all came together. The DOJ lawsuit hopefully will gain traction and we can get the attention focused through complaints and group effort.
hello
what chase did in that lawsuit allegedly since they or kellerohrbach.com wont let me I nthe law suit is extinguish all the bear stearns loans in the trusts with TARP Money and then created newloan numbers with in my case higher interest rates and balloon payments ie predatory loans and didn’t give a dime to the investors. the investors are suing chase again via the new yor kag for cheating the investors again.
the bottom line anyone with a bear stearns loan has no loan it was extinguished. anything that chase is sending you with a 102 account number not the 002 account number is a fraud. in my case with that payoff I have no loan no nothing and they are trying to extort me for more money for aloan that they created unilaterally calling it a mortgage servicing transfer . you cant transfer a loan that was extinguished.
regards
David
Bobbi r u part of the chasemdlsettlement. Class action. Because if they r transferring the servicing of ur loan and u r part of the settlement, u will be automatically opted out which I would not be surprised for chase to pull a stunt like that since this class Action is about breached contracts, the oldest law of the land??? They r going to have to make good on this one!! It has nothing to do with all their other fraud. What can they do when you have your customer string to pay in “good faith”. And they reneg on the contract????
@ Lms53 – I don’t believe I would be part of that settlement, at least as to how I read it. It appears to only be pertinent to those that Chase made a modification and/or changed the documents somehow in that transition. I would NEVER accept a modification from them and besides the only thing they ever offered me was Cash to go away….their last and final offer in December 2013 for $25K for me to sign over the property on a deed in lieu of foreclosure. Told them to basicaly KMA! I did send the agreement to my attorney to review for my case but he has not yet got back to me. Aside from that Chase supposedly sold my mortgage to PennyMac sometime in October, so way before this agreement was finanlized. Not sure if selling my mortgage was a scheme to rid me of the settlement or not, but my attorney has already told me that selling it was bad news for them anyway….My attorney just filed another Motion to Dismiss on additional defenses after the one that I filed pro se was rejected by another judge. That particular judge BTW was moved to another court in another county because of so many complaints of his bias. He needed to be removed from office not sent to another county where he could continue his same bias nature. This is exactly why I feel so strongly about how judges are set on the bench here in FL and how they come to get their job. Not necessarily by election (which is 6 yr term) but also by our illustrious governor Scott on a nomination to the nominating committee. Just another Good Ole Boy tactic.
Our complaints should be sent to u.s, senate banking
Committee us ag eric holder
The us cfpb says there are only a few hundred complaints
Against chase but i suspect some chase allies in that agency
Are burying complaints by sending them to the federal trade
Commmision
Uscfpb did that to many of mine
Regards
David F
A 15-Year-Old Justice Department Memo Explains Why No One Was Jailed For The Financial Crisis
http://www.upworthy.com/a-15-year-old-justice-department-memo-explains-why-no-one-was-jailed-for-the-financial-crisis?c=ufb1
hi thank all of you for your support.
and trev for sharing his story with me.
katu new channel 2 in Portland Oregon has been briefed slightly about what we are all dealing with. . katu on your side to get them to expose what chase is doing to vets on a daily basis. the feds fined them for defrauding vets on their mortgage loans and also violating the service members civi l relief act a law that was created in WW I .
best regards
David
my service is Chase Home Finance.
I have a inside man banker that tells me what we need is publicity and utube videos and twitter campaign and a breakthrough in mainstream media like abby marting on http://www.rt.com on dish tv
or Rachel maddow on msnbc or other mainstream media to break the story and start reporting to the American people on a regular basis about these banks who are suppressing the news .
I guess that all of you know about derivative hedge bets on your mortgage servicing rights by chase and other banks that put up to 43 times the face value of your mortgage profit if chase for example forecloses on your house. my opinion those hedge bets are all part of a massive Ponzi pyramid scam much bigger than Bernie Madoff
a nother vet just filed with the new York bankruptCy judge I nthe largest bankruptcy case In us history where the owner of bershire Hathaway is trying to buy $ 400 billion of mortgages in MBS securities for $ 4 billion doLLARS AND TAKE ALLEGEDLY EVERYONE’S HO– USE.
WE NEED T O UNDERSTAND THIS ECONOMICS BEHIND THE BANKS BEHAVIOR IN MY OPINION.
THAT VET HAS STARTED A SHIT STORM IN US FEDERA L BANKRUPTCY COUR T IN NEW YORK ABOUT AL LTHE CORRUPTION.
‘he ain’t heavy…..he’s my brother’. …
Thanks to you for sticking with it and your service. Lots of good info. Chase Mortgage seems to refer to Chase Home Finance in my case as well. Don’t believe Chase Home Finance is used any more. May have gone conveniently bk.
Interesting info coming up. Lots of complaints on bills.com and other consumer sites. We are not alone!
Possible allies. May need to be careful with CNBC. Bartiromo seen as a cheerleader for Dimon:
“Before even getting to the debate over whether Dimon should remain as CEO, co-host Maria Bartiromo showed exactly where her loyalties lie, declaring, “JP Morgan remains one of the best, if not the best performing major bank in the world today.”
On hand to make the case for Dimon to hit the bricks was Salon’s Alex Pareene, who argued that, “If you managed a restaurant, and it got the biggest health department fine in the history of restaurants, no one would say ‘Yeah, but the restaurant’s making a lot of money. There’s only a little bit of poison in the food.’””
from consumerist.com
@ Hammertime – my case is with Chase as well but just to let you know Chase Home Fiance was merged into JP Morgan Chase in May of 2010 I believe.My own case has a mix of Chase Home Finance, JP Morgan Chase as well as Chase Bank, N.A. More recently they sold my mortgage (after being in foreclosure since ’07) to Penny Mac who suddenly now appears as the Plaintiff. I am now never amazed at what I read about the whole “Chase” family. The left hand never knows what the right hand is doing. The firm representing them is the old David Sterns group but changed their name as if that cured the problem of all the fraud for which he was disbarred! The legal system here is so convoluted that I feel as if I’m living in the old USSR.
@Bobbi – thanks for the info. I recall CHF was being called the servicer until 2011/2012 and then JPMorgan started calling themselves the servicer while claiming to be a new investor on the loan they purportedly originated as Chase Bank USA NA. I completely agree that it’s as though they are in chaos with their completely contradictory information. It seems in my case and overall now it’s willfull harm being done and fraud since info since settlements, bill of rights isn’t “fixed” as claimed. Do any of you have Chase Bank USA as the “lender” on your Note?
@ David FB I’ll email the station. I have specifics in my experience that back up what you’re saying. One thing that stuck out was the mention of Chase Mortgage. It’s what it shows on my closing where the payoff of my refi went to. It would be good to see which Chase they are referring to in your case. Chase Bank, JP Morgan, Chase Home or whatever part of their shell game. I bought time on sale but City is refusing to release funds I was depending on. Will be another week of dancing with the devil but let’s see what we can do to form this group and shoot to get out a press release and start a campaign for David and whoever needs it.
David…..listen up.
I just spoke w Mr. Bradshaw….I did the talking/barking. I think you should try reaching out to him once more……I strongly back your sufferage and want the truth told….your truth…our story. He listened….he gets it now….if I can’t help you….then well…god help us all. I have HOPE and you should too…..by the way….I made my final direct offer to Steve Kandarian, c uh-oh of MetLife…balls in his court now….will let you know how it goes….DBSI Fraud case in Boise Idaho is president-setting…..tide shift….ride it in….
I also plan on settling w Rust Consulting….for fraud….Matt Potter shall be named in my suit…for spending all the bank money/restitution funds ON THEMSELVES…..fraud on top of fraud….layered effect…..eh? Please give Nick another chance and CALL me if you get your story on air….when…not if…..
1.208.703.9525
Thank you for your sacrifice….we made it to the light…JIT! Never give up…never..never..ever.
@godspeed / 777
Cpwb
Trevor David Hitchin Kaufman
‘Trev’
wonderful news. God Bless Mr. Morse
World Breaking Story: Exclusive: NY Judge in Largest Bankruptcy Case in History Receives IRS & SEC Whistleblower Filing http://www.msfraud.org/ny-judge-in-largest-bankruptcy-case-in-history-receives-irs-&-sec-whistleblower-filing_4-14.html
Good blog post about this guy’s dream to jail MERS folks” to go along with yesterday’s blind men and the elephant MERS business model, partial…
“MERSCORP just tried the same stunt in California in the Robinson case, asking the judge in the alternative to declare the California quiet title statutes to be unconstitutional. Let’s talk about MERS’s vague and ambiguous language as portrayed in MERS-originated deeds of trusts and mortgages, shall we? Two paragraphs in a mortgage with no specific definitions leave a lot to the imagination … the imagination of MERSCORP’s bored of directors (not a misprint). These guys start up a private company and create an “off-the-books” recording system.”
“At the same time, the investors who really funded their loans just watched their money go away due to a bad investment, all the while the lenders continue to save money screwing the counties out of recording fees that MERS claims it doesn’t owe. Gee, what a wonderful situation America is in, all because a private corporation is allowed to insert itself (hook, or by crook) as a “national book entry system” so it can operate “off book”.
That was the part of my dream that got ugly. I watched a grand jury being empaneled to investigate MERS and MERSCORP. I watched Beckmann, Horstcamp, Hultman and Arnold do the “perp walk”. They were playing Mancini’s “Baby Elephant Walk” in the background as the four danced down the hallway from the courtroom in front of the cameras. Personally, while it left me smiling, I was disturbed by my cat who decided that I should wake up by pawing me on the shoulder. And here I thought it was the bailiff calling me into to testify before the grand jury.
Is this a sign of things to come? I hope so. America needs justice and the four foregoing individuals seriously need a 6 X 8 with 3 hots and a cot. I say, let’s indict them (since we can’t win civilly) on RICO! Whaddya say? Since the feds won’t do it … let’s get county grand juries to do it!
Hey, IT WAS MY DREAM!
I say … hang the bastards. Wait a minute, my feet are on the floor now, headed for my computer to type up my latest subconscious exploits. This is making American history folks. Martin Luther King, Jr. had a dream and he told everyone what it was. I probably won’t have a boulevard named after me, but I probably will be considered a big hemorrhoid on Billy’s behind! Aren’t dreams wonderful … even if they are a little distorted?
Take that you whiny little brat!”
@http://cloudedtitlesblog.com/2014/04/24/i-had-a-dream/
Bravo PaPa……kick HARD where it hurts….then kick em again…again….then again….kick em to the curb……then spit on them for molesting The American Dream…… never again.
I have daily fantasies about taking cakes to prison…..id start w Tony Francis…..the vp who strung me out on his word for 11 months….and 135 phone calls….FY Tony….I never forget a robbery. Fight club…….lost to a greasy bankster???? Well then….you HAVE to fight…. -Tyler…
Tom,who is on our side, this is where we need to begin
Article from American Free Press dated 4/21 entitled Foreclosed Homeowner Beats Big Banks a start. Washington state judge George Bowden appears to be tired of the banks bs. Let’s hope this ruling starts the ball moving for some with same circumstances.
Try looking up some of the other cases for Attorney Scott Stafne, who was the attorney for the homeowner in the above case you mentioned. He has been making some headway in getting judges to listen. Recently saw an article about trying to get Stafne to become a judge.
all
Subpoena William p Foley and we can watch the foreclosure fraud come tumbling down.
he should be likenend to the “deep throat” of foreclosuregate.
Hammertime and Tom and all
If you study how and why all of us that are stuck in this these foreclosure frauds you will come to the conclusion William p Foley of Fidelity Nation Title and their subsidiaries is the orchestrate r and facilitator between all the fraud, fraudulent documents, the Court, judges, County Clerks and Banks.and lawyers.
Another thing that stuck out was how posters are using the banksters language. “Free and clear” and we “have to pay” are what the banks have used to shame us into staying quiet. First of all they may be getting off easy in most cases if they released their claims to our homes! Especially at the low point. Most law states that a lost home is a matter of irreparable harm. All that language did was moralize the issue so WE wouldn’t be bailed out, supposedly at our neighbor’s or the person with good credit’s expense although the banks got away with TRillions! Classic divide and conquer and we’re still falling for it! It’s also how they made sure we didn’t “benefit” from any aid since we were the dummies who made the bad loans! So we need to be smart individually and as a group, and think in terms of negotiating from the FACTS of the law and our RIGHTS.
In CA if there is fraud from what I recall the penalty is 3x the principal! So on a $500,000 principal it would be $1.5 million!
And we were given $300 to $2,000 to make us whole? We can also use the settlement’s own framework where we were supposed to be compensated for equity lost.
Does that mean we should fight to the death? No, unless they keep being the arrogant bastards they were with the MERS issue and our senior vets that made it possible for us to have a middle class. But rolling over and wringing our hands instead of using the facts and the tools that are there is a cop out.
Let’s see if this works as I tried to post and it was under moderation. Due to links?
Would have gone well with David’s case.
Been out of commission but will be catching up. Two oldies (cases) I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
Mike Stuckey report on msnbc.com
Ray Vargas losing home after wife needed care and passed away. IN 2009!
“Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party. Ultimately, he wound up in foreclosure proceedings. And, finally, bankruptcy court.”
Google for complete story if other post doesn’t come up.
Other story on MERS an illegal business model. New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal story on Huffington Post
@ David Franklin following before your posts. Looks like you’ve done alot and you’re hitting the brick wall like alot of us. It sounds like we really do need a group effort that comes from us as a group like Tom and I have said. I think we need to break down what you’ve experienced and put together various campaigns, petitions and letter writing where they’ll see we are watching and we’re all across the country and taking action.
We need to get coordinated though. I’m getting over my latest run around dance but I’d like to take a crack at reviewing your story from national settlement/CFPB angle. I know you’ve tried and so have I individually but I have a group approach in mind.
Your case also has the judge/court issues Tom has expertise in.
You and LMS have overlap on the specific class action.
Those are 3 areas at least we can break down as a group.
From previous post:
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Do you have a sale or any deadline looming?
my name is david f. b.
sent to nick bradshaw of katu tv channel 2 news in Portland Oregon program is called katu on your side
they have refused to run the story but it is all of our story and only going to get worse
please write him and ask him to run the story on TV here .
we need publicity. on the this court case and the sellout of America by these law firms and the federal courts
and this is only the beginning.
right now I perceive I am being allegedly extorted for hundreds of thousands of dollars by emc chase jpmc
and they have called me non stop about 65 times in the last three days.
the email for katu tv is newstips@katu.com
the California station is scvnews.com please contact them as well. I talked to the news editor. nice person but they refused to do it as well . they are located in santa clarita ca near LA and are a community tv station that did the story on the vet’s house taken by chase and not notified about the settlement.
his story is on their website. we all need more publicity and social media exposure to the young people and the rick people as well.
dear mr bradshaw of katu channel 2 new on your side in Portland Oregon.
per your request here is what is going on.
I am a permanent and total 68 year years old 100 percent disabled veteran by the U.S. Veterans Admin. and have been since 1994. and was disabled by the SSA before that back to 1990. I am Cold WAR Vietnam ERA navy veteran
my mortgage servicer has been trying to foreclose on my house since 2008 here in Vancouver WA by manufacturing defaults and putting over $ 20,000 dollars in unapplied suspense accounts and then writing me letters that I am in default which I am not . I am actually according to the servicer of my mortgage four payments ahead. I am not in bankruptcy modification not behind or late ever. in Feb 2013 after reversing 8 of my mortgage payments back to june 2012, the servicer, Chase Mortgage gave me notice online that I must pay the payments again for over $ 13,176.00.
I have been to the Washington AG David Huey and perin
in feb 2013 all of the above I have documents to show you if you want them from the servicer showing these now allegedly confiscated payments while I am trying to live on a disability pension from the VA .
there is well over 50,000 dollars missing or unaccounted for no mortgage statements and multiple attempts to manufacture a default on my mortgage. when I got to the servicer they just dismiss my complaints and continue to allegedly steal my money
this is happening to other disabled veterans that I know about as well and in one case the servicer’s employees blew the whistle on them targeting veterans and were fined 60 million dollars by the federal government
every day as a disabled veteran I live with the fear of being thrown out of my home and I just keeping sending my payments and they disappear and that includes my escrow funds as well.
attached is a letter that I have drafted to us. attorney general eric holder.
yes I have gone to the attorney general of Oregon and Washington state as well and new York attorney general as well eric schneiderman.
best regards
David B.
this is the text of email to him at katu tv 2 in Portland Oregon.KATU ON YOUR SIDE
David FB – want media coverage? Take your story and put it in a video and then upload it to UTube. Tell it straight and concise but with power and heart! UTube is picked up by ALL the media stations and it’s a great way to get your story out to outside of your normal airing station! GoodLuck!
David….see my reply at top. Hope you see it. Fingers crossed the ‘nudge’ will get it going after all. Gloves are off.
NO
Agrees
However chase n their attorneys are keeping two
Million from getting a hamp and you have to pass by federal
Reserve regs the net present value model
Most people dont pass and get dual tracked and forclosed on
Anyway
The settlement is a trojan horse to steal your house and chase
Cashes in on the derivative hedge bet which puts up to
43 times the face value of your mortgage in their pockets
Be careful
That judge is allegedly bad news
The best thing to do is sue the law firms and screw the settlement
They wont even let me be in it cause they know I willl blow the whistle
On them
Regards
David
March 7, 2014
Ms. Felice P. Congalton
Associate Director
WSBA
Office of Disciplinary Counsel
1325 4th Avenue, Suite 600
Seattle, WA. 98101-2539
Dear Ms. Congalton:
I am in receipt of your letter to me today about my complaint file NUMBER 14-00339
To say the least, the representations made by Ms. Cappio and Ms. Obrist attorneys are a fabrication by omission or perhaps a better word and unethical evasion of the truth based on the following facts.
1. The original case filed by Ms. Obrist and her firm in Seattle was filed in Yakima WA. As a Federal Fair Debt Collection Practices Act NOT an MDL case. I request that you get a copy of all those complaints including the supplemental complaints where Ms. Obrist and Ms. Cappio clearly state that the number of members in the class including myself were over 500,000 fraudulent modifications made by emc chase which are included in the Judge’s order for mine as well for NOH HAMP Modifications(see Judge Stearn’s order for NON HAMP mods to be included. Chase uses the term in house mods prior to Obama’s election that are covered by the order and did not have a TPP. That number is based on the Federal Trade Commmission case against EMC chase for which a $ 25 million settlement was obtained by the government for the homeowners that emc chase defrauded. It was a consent judgment by EMC CHASE. One of my friends got a check from that settlement after Chase stole his house allegedly in Texas. That complaint and settlement are readily available on the Internet via Google. I have a copy of that complaint.
2. I told Ms. OBRIST TO CHANGE HER ORIGINAL FILINGS IN THE COURT ABOVE BECA– USE SHE DID NOT STATE A CLAIM. TOM HOYER AND ASSOCIATES IN TAMPA, FLA MADE THE SAME MISTAKE AGAINST CHASE. AND THE FEDERAL JUDGE TOSSED THE CASE FOR FAILURE TO STATE THE CLAIM.
3. I SHOULD NOT HAVE TO COUNSEL AN ATTORNEY WHO DID NOT KNOW WHAT SHE WAS DOING.
4. She does not know Title 12 U.S. Banking Federal Law like I have been trained by the U.S. Treasury Deparment Office of the Comptroller of the Currency to be a qualified forensic examiner for predatory lending practices including emc predatory practices and chase’s current practices. May I remind the WSBA that Chase has been fined $ 13.5 Billion dollars by the U.S. Attorney General Eric Holder and is on two year criminal probation at the present time. One more according to the memo to the U.S. Justice Dept time of criminal misconduct by Chase and they by federal law are out of business and Keller Rohrbach may not get a dime of their court ordered payment of $ 10 million.
5. I delivered the evidence to Ms. Obrist and Ms. Cappio by certified mail return receipt which their staff signed for and they refused to acknowledge per my request three times the receipt of that evidence. U.S. Federal Banking Law prohibits transfer of loans and changing account numbers from April 2011 to October, 2011 where the loan terms and interest rates are changed. The loans must be the same before and after the transfer.
6. Ms. Obrist ignored that fact I told her about 25 times. The point here is that chase is covering up all those old loans numbers that they changed in violation of u.s. code Title 12. Mine was one of those and I have all the proof of that and all the old loan numbers of which there over 2 million for first and second trusts that were also modified and covered by judge stearns order.
7. Any lawyer of any salt knows that the duty and responsibility to inform the federal judge of this cover up by chase is an obstruction of justice and contempt of a federal court order by Judge Stearns. More importantly I read an article about a marine corps veteran who in santa clarita near Los Angeles had his home taken by chase and he did not know about this settlement and did not get notified by chase or kellerohrbach as he and I should have been.
8. This is a coverup of massive proportions that could cost chase billions in mod costs. They have 40 billion in TARP money remaining and that is taxpayer money and it is being used to give kellerohrbach their court awarded fee.
9. Ms. Cappio should have filed this case in Tacoma WA where Ari Brown and Phil Goldst ein of Portland won these kinds of cases where there was a full restitution to the homeowner in a Federal FDCPA case and a False Claims reform act case under that statute against multiple big banks arising out of the countrywide / bank of America . Ari Brown is with Hagens and Berman and everyone in this state of any salt knows that the Tacoma court in 2010 was very consumer disabled veteran like myself oriented which is now slowly changing with the appointment of bank oriented new appointments to the court.
10. Ms. Cappio should hav e filed for we consumers an appeal to the 9th circuit court of appeals to have this case changed b ack to a FEDearl FDCPA case like it was filed in Yakima. WA.
11. The attorney by omission argument to the state bar that I got today is full of omissions to support his/her argument but the facts do not support it.
AS a disabled veteran under the federal Americans with Disabled Act do request the following
1. An attorney to represent me before the bar in a hearing to vet this issue fully.
2. That the bar support my position that it is not my responsibility to inform the court about anything since the federal judge in his order stated clearly DO NOT contact the court or the administrator unless you are in the class.
3. I am not a lawyer and can not rep myself due to legally adjudicated disabling for life medical conditions from my military service that I and my family fought Hitler and served our country since 1927 including my son in Iraq.
I request that ms obrist and ms cappio obtain all the old numbers which I Told them I have for one bear stearns trust and get all of them from the trustee at the time wells fargo from their public database on line if it is still available and all the old second trust loans owned by the federal reserve bank of new York in their Maiden Lane trusts I AND II.
You can google that on the internet as well.
Ms obrist is out of her league when it comes to banking law and mortgage finance. She spurned my help many many times and totally botched this case for her and her firm’s alleged enrichment motives.
That violated the state bar ethics.
By the way, I told her that chase would offer fraudulent mods again.
Chase has in effect put me in the class without my permission and not notified the court
They are trying to force modify my current predatory loan which came from the above transfer and they have hired an appraiser and sent me a dozen loan mod packs and put me in their loss mitigation dept at chase home finance and told me via their rep in Columbus ohio that My only choice is to opt out. I am not even in the class according to ms obrist but chase says I am and are starting the federal government ordered loan modifications that their manaegement they must do . the three depts. At jpmc chase home finance under kevin watters ceo chase mortgage banking has begun the use of the federal reserve oderded net presdent value model loan mod anaylysis that results in dual tracking and foreclosure and grand theft of mortgage payments like they have been doing to me for the last 7 years to the tune of $ 100,000 in missing mortgage payments and higher payments from denied HAMP I mods and fraudulent non hamp mods.
Best regards
David F. Black tr ansmitted by fax 4/7/14 to 206 727 8207
360 772 5617
360 750 7547 Cc: mr rick potter. Mr potter is not rep’ing me in this matter at all or advising me in any way. I don’t want him too. I studied to be a lawyer in Virginia and two different law schools LOYOLA UNIVERSity and George Mason university but my Navy disabilities struck me down from that because I served our country.
Please forward to Stephen j. Sirianni on my behalf and scheduled on a Tuesday or Thursday and hearing here in Vancouver wa per the ADA federal law for accommodation of a disabled veteran since I can not drive to seattle. Wa anymore.
LIKE I said ms cappi o and ms obrist along with the senior attorneys management committee sold out for their own enrichment allegedly every disabled veteran in the country and every homeowner nationwide and don’t have the courage to admit it and right their wrong and inform the court and the federal judge of chase’s Coverup and get this case to the circuit court of appeals for the 9th circuit or file a writ of mandamus and get a new judge and a new trial and move the case back to federal court in Tacoma wa and have a jury trial and state the claim under the federal fair debit collection practices act for $ 10 trillion dollars for
All of the Princiapal Managing Parters of Kellerohrbach, LLP Feb 20,2014
New York Office
cc: chase counsel for this federal case in san francisco, ca.
New York City, New York
Dear Sirs:
in the matter of david f. black v. chase home finance regarding alleged fraudulent loan modification
in the matter of class action notice from chase or kellerorhbach.com and ms gretchen obrist and gretchden cappio plaintiff counsel in http://www.chaseMDLclasssettlement,com befor Judge Rober R. Stearns, Federal District Court of Massachusetts.
Dear Sirs
your lead counsels who promised me ie ms obrist four years ago in writing from your email server and she has a copyof that email promising me and stating that I was and would be in the class for the case filed as a class action in Yakima, Wa. in us. federal district court.
At present ms obrist and ms cappio are stonewalling me to have that notice with my user id and password on the class action notice. I Have sent the attached by fax letters from mr barry and chase attorneys documenting the illegal modifications done to my loan in 2008 that meet all of the criteria specified in the settlement documents on the chase class action settlement website and Judge STearns judicial order sepcifying the criteria for the class
Despite all of this effort on my part ms cappio and obrist refuse to send me the notice and notify the court of my inclusion.
so this is your official notice that it appears that both these rude attorneys do not understand that chase changed the NON HAMP loan numbers for the bear stearns trusts and mortgages therin from april 2011 to october 2011 and converted them to the new account numbers illegally because the transfer violated allegedly title 12 of the u.s. banking act since they changed the loan terms and interest rates upon transfer. in other words covered them up and the mods done to them allegedly like my loans.
I have all of the old account number of aboutr 50,000 loan numbers from the trustee wells fargo fpr my mortgage trust that is owned by Blacksmith and Boiler makers Pension FUND IN Kansas City Kansas . I have notified both counsels of your firm they have an ethical and legal responsibility to the federal court to notify that there are are approximately up to 2 MILLION Other loan numbers that had non HAMP fraudulent modifications like mine for not only first trust loans but also second trust loans. They were illegal because emc chase charged a one month capilalized interest and added that fee to the loanb balance in violation of title 12 and it is not allowed to charge a fee for a loan mod and then tried to foreclose on me there times from a manufactured default putting my payments in suspense accounts and had ms bollero to allgeedly try to extort more money from me on allegations that I defaulted on my loans
Ms Obrist wrote me a binding legal promise and contract to see that I would receive justice for the harm done to me and continue to be done to me as a disabled veteran by chase home finance.
yesterday I received a phone call for three hours from E.J. Reed of the executive offices of chase home finance representing mr kevin watters ceo of chase mortgage banking stating that it is kellerohrbach’s duty and responsitibilty to send out those notices based on info supplied by chase they are required to give all the loan numbers to you as well for non hamp modifications.
the attached letters from chase attorney document chase modications of my loans first and second trust as well as the old account numbers and modifications done to them by chase non hamp a category included in judge stearns order.
this is a formal complaint directed to you by me regarding the gross violation of attorney client ethics by ms cappio and ms obrist as specified by the washington state bar, specifically they are allegedly trying to do harm to over one million homeowners including myself across the u.s.a.
this case should have been filed in federal district court in tacoma wa where similar cases have resulted in restitution to the homeowners by attorneys working or Hagens and Berman. and appealed when the case was converted to MDL. this case and settlement has the appearance of court shopped and judge shopped to get the most favorable non monetary settlement for chase not restitution for homeowners who suffered up to $ 30 trillion dollars in losses from fraudulent dual tracked chase foreclosures resulting from chase alleged fraudulent modifications
I have a masters degree in baning and finance and did my masters thesis on chase fiancial operations and trAINED BY THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
Ari Brown is that attorney who did it twice against big banks and mortgage servicers.
and won full restitution for the homeowners.
unbeknowst to ms cappio and obrist. the mod settlement in the judge’s order is nothing but harm to any homeowner who accepts it since by federal reseRe regulation and chase policy any modificaTion request is a default and the homeowner must pass the net present value model as specified by the federal reserve board regulation and if the homeowner fails THAT TEST AND THE ACTUAL VALUE MODEL TEST by law the homeowner must be foreclosed.
your firm is a disgrace to your profession to allow suich a settlement to occur and betray millions of homeowners while you stuff your pockets with ten millino dollars of chase money to keep your mouth shut.
there are an additional up to two million other modifications non HAMP done on chaseloan s that you dont seem to know about .
you are legally obligated to send me and all the other homeowners a notice of class inclusion.
best regards
david F. Black
cc Eric Schneiderman Attorney General of New York state who has advocated on my behalf before the OCC US treasury dept.
Cc: Mr kevin watters ceo of chase
SEND ME MY class action notice immediately or I will GO TO the judge stearns about this alleged contempt of court by class counsel and perhaps chase as well. i AM A STOCKHOLDER OF jP moRGAN CHASE STOCK.
please see attached letters from chase attorney and mr barry regarding modifications all o f which are or were fraudulent.
i TOLD ALL OF THIS TO MS CAPPIO AN MS OBRIST ON THE PHONE WHEN THEY CALLED ME AND MS OBRIST TOLD ME TO SEND HER DOCUME NTS TO PROVE MY CLAIM ALL OF WHICH i HAVE DONE INCLUDING PROOF OF PAYMENT ON THIS MOD FROM M YCHASE BANK ACCOUNT AND NOW BOTH OF THEM ARE STONEWALLINGME AND NOT ANSWERING THEIR PHONE.
THEY CALLED ME . NOT THE OTHER WAY AROUND . AND DEMANDED DOCS AND THEY SIGNED FOR THEM WITH FEDEX AND USPS. SO THERE IS PROOFTHEY GOT THEM
i AM NOT ALLOWED AS i DID BEFOER ANY OF THE STAFF ABOUT THIS MATTER NOT EVEN TO LEAVE A MESSGE.
the point of these postings. congress house judiciary committee has the power to remove this judge and anyone in his settlement can file a n appeal that has been given a user id and password by the settlement ADMINISTRATOR IN RHODE ISLAND. TO DATE NOT A SINGLE HOMEOWNER HAS DONE THAT . AND I CALLED KATU NEWS HERE IN PORTLAND OREGON TO BREAK THIS STORY AND SCRV NEWS IN SANTA CLARITA WHO TOLD A STORY ABOUT CHASE TAKING A FELLOW VET DISABLED VET LIKE ME HO– USE IN SANTA CLARITA.. AND BOTH NEWS OUTLETS REFUSTED TO DO THE STORY.
I HAVE WRITTEN OVER TWO DOZEN COMPLAINS ABOUT CHASE TO ERIC HOLDER SEC HUD DONOVAN AND SUED CHASE VIA THE FAIR HOUSING ACT JUST LIKE ACLU IS SUING MORGAN STANLEY IN FED COURT IN NEW YORK CITY FOR MORTGAGE SECURITIZATIONS VIOLATING OUR CIVIL RIGTHS UNDER THE FEDERAL TITLE VIII Fair housing ACt 49 usc 24 cfr.
no one is complaining suing or even writing the us cfpb I even called their deputy general counsel on the phone in d.c. no one else is doing that.
if four million people like us got on the phone fax and rAISED HELL ON SOCIAL MEDIA ALL OF THIS CHASE ANDOTHER BANKS BULLSHIT WOULD STOP. WE ARE SITTING ON YOUR BUTTS AND THINK WE DONT HAVE TO DO ANYTHING. WE DOTH PROTEST NOT ENOUGH.
I talkd to the attorney in the chase class action. They are not going to say anything to jeopardize their 9.5 million dollar payout and in the settlement, once it is final it says they cannot speak to the media, cannot say anything deragotory about chase and for us the plaintiffs, if our loans are transferred before the settlement is final, we are no longer part of the settlement. What a maroone!!!!!
the sad thing about the class action with chase is that once again they will walk away without admitting fault and until something or someone can stop their crap, it will just continue. Heck, everything that they were accused of in the chasemdlsettlement, they did to me, they breached contract 2 times with me and not even 4 months ago after they had lost this settlement, they are still doing the same thing to me. I know everything is a payoff with them, but never admitting to nothing. It is so criminal. It is going to take an army to stop them, all of the banks. Maybe when they steal the wrong persons home, the ball will get rolling. It has just gone on too long and all the ones that could stop them just look the other way.
I would not have paid them 3 times, I believe you. Has your loan # ever changed? I hope you have all your original paper work and a record of all your payments and the original agreement you signed. I don’t see how a judge could refuse you then. You probably would have been better off if you would wait for the banks to get their s**t straight. Are you part of the chase mdl settlement? they breached numerous agreements with people and breach of contract is never acceptable.
Chase has admitted they dont have the note or own the mtg
Mdl case was first entered as a FDCPA CASE IN YAKIMA WA
FOR EMC CHASE FRAUDULENT MODS AND PREDATORY
SERVICING PRACTICES WITH MONETARY SETTLEMENT
,THE FEDERAL MDL COMMITTEE THEN COMBINED NINE
DIFFERENT CASES AND CHANGED THE CLAIM BY CHANGING THE CASE
TO MDL CASE,
THE ATTORNEYS TRIED TO GET THE JUDGE IN BOSTON TO CHANGR
IT BACK AND HE REF– USED AND THEY DID NOT APPEAL HIS RULING
SO THE ATTORNEYS GOT TEN MILLION IN FEES FRPM THE JUDGE
AND THE HOMEOWNERS GOT NOTHING
WE WERE ALL SOLD OUT BY CHASE PAYING A BRIBE TO THE
ATTORNEYS ALLEGEDLY
AND CHASE LIED TO THE JUDGE ABOUT NUMBER OF MODS THEY
DID COVERED BY THE JUDGE’S ORDER
THEY TOLD THE JUDGE IT WAS 60000 PER THE RESPONSE FROM WA
STATE BAR PER MY COMPLAINT TO WASH ST BAR ABOUT
KELLERROHRBACH.COM SELLOUT
IN FACT THERE WERE TWO MILLION MODS ARE MORE
CHASE ALLEGEDLY PERJURED THEMSELVES VIA COUNSEL
IN A FEDERAL COURT CASE
DAVID
Dont receive mtg statements
Hi I agree about the paying
But on chase’s case i pay they steal the money and extort me
For more
If tarp paid off the loan then i should be paying the us treasury
Dept and no one can tell me what i owe and chase has admitted that
In writing
One vp here got fired for talking to my attorney and cpa
And forensic fraud examiner
So far i have paid the same mortgage balance down
Three times
David
Ny ag in nyc Is suing chase and bear stearns trusts again
For investor fraud after settling the cohen milstein case
Today chase has called me 12 times since 7 30 am
They wont let the local distict vp talk to me
Or my attorney or cpa forensic fraud examiner
And they reverse my mortgage payments and steal the money
And admitted it in writing
Feels like extortion
And i never approved or applied for a 12.37 percent loan
With a 312,000 balloon payment. In 2037
And most of the time i dont mortgage statements
On arm loan
David
were you a prime borrower who got WaMu’d? and ended up in Chase servicing? with no loan documents and no loan schedules? Bear was counterparty to the swaps on my trust.
Check in Maiden Lane 1. Lots of acronyms (WFHET 05-2 = Wells Fargo Home Equity Trust Series 2005-2, SASCO Structured Assets Securities Corp, CWALT Countrywide Alternative Loan Trust, etc.) you get the idea. Maybe you get lucky and find some of your trust assets in the ML1, and that’s serviced by GMAC/ResCap, tied up in the SDNY. Now what, judge? The servicing rights, not the note, not the mortgage, but the “rights to collect” the loan are all that’s left?
CDS gain no title to the res through subrogation.
didn get wamud a m being allegedly extorted b y chase on a l oan they orginated after tarp money was used by them to extinguish original first trust loan from emc bear stearns that is being reported to the credit bureau as paid. the new loan has no loan docs no application by me and from my viewpoint is a felony they did to for aabout one million loans or more. that is one million felonies all being covered up
in the last two weeks chase has gone ballistic on me I ve received hundreds of phone calls from them emails regular us mail appraisals on my house by contractors that chase hired. so far today I ve received about 40 phone calls in the last twelve hours. chase sent me two payoffs on my loan and charged me for them and I never even asked them to do that. they have gone beserk.
regards
David
id say if there was a time to go ballistic with chase for all the wrongdoing and lay it all on that federal judge In boston ma his name is Robert a stearns us fed district court in boston ma. the case number is mdl2290 at http://www.chasemdlsdettlement.com and raise hell with the us cfpb Richard cordray by writing to him directly to his office in d.c. in downtown washnigton d.c. the us cfpb director. their call center is in iowa and they have been burying my complaints in the federal trade commission. there is ahuge coverup at play here . and we have to uncover it and blow it all to hell on the media.
David
Been out of commission but will be catching up. Two oldies I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
http://www.huffingtonpost.com/l-randall-wray/new-yorks-us-bankruptcy-c_b_824167.html
case file http://www.scribd.com/doc/48827432/In-Re-Agard-48750818-US-Bankruptcy-Court-New-York-Memorandum-Decision
New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal
http://www.nbcnews.com/id/29198366/ns/business-real_estate/t/love-death-foreclosure/#.U1gR9teNO0w
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Do you have a sale or any deadline looming?
I don’t understand follow the money follow the docs
David
Read the definition of a debt collector and of a creditor in the Fed. Debt Collect Practices Act 15USC1692A. If it is not your actual lender to whom you signed the promissory note bringing the foreclosure, and if there was a default letter prior to any kind of alleged assignment then they do not fit the definition of “creditor” and they cannot, by law, bring this foreclosure. They have most likely violated multiple counts of the FDCPA and check your state debt collection laws. Read that set of laws line by line. It’s well worth it.
Look at all of their papers and those of the attorneys. If it says “we are a debt collector attempting to collect a debt” or “this is an attempt to collect a debt” they are admitting it.
These laws are very important. Blessings to you
thanks usedcarguy. if the mortgage original is paid off which it is according to the credit bureau and chase created a new mortgage with higher interest rates and loan terms ie a balloon payment in 2037 with no loan docs no nothing and nothing is registered at the court house and did they get a new MERS number as well. I have been fighting with them for seven years now and it is a pure stonewall . thanks for the info . I looked up eurobobo and deal vector. very useful information. out here in Washington that kind of info would cause a state court judge to have a meltdown. this is an outpost out here and chase has everyone allegedly on their tab. if I mention chase to an attorney out here they run for the hills.
do you have any suggestions on how I get confirmation from treasury or a TARP report that all the bear stearns trusts have been paid off by TARP.
or some other confirmation. I know about the Bloomberg cancelling the terminals. I should have gotten my free subscription for one month when I had the chance but now that info would be worthless.
I just submitted to chase a section 1594 RESPA Qualified Written request for the name of the new trustee if there is on e and the name of the mortgage trust that this new loan is in or knowing chase they would say it is a mod of the old loan.
this wound up in a class action case in boston ma here is the link
http://www.chasemdlsettlement.com
where the homeowners got nothing. now thanks to you I understand why chase lied to the judge about the number of modifications in the class. to cover up perhaps the TARP deal.
chase has allegedly been trying to extort me for more and more money for the last seven years and am not behind not late not in mod and not in bankruptcy and even four payments ahead.
I have been telling my pro bono attorney whose firm works for banks doing bankruptcy that there is no loan.
thanks for the info used car guy.
I did find out who owned in the past my mortgage certificates In the 2007 bear stearns trusts 2007 ar 4 by scanning the federal court in new York for cases brought against bear stearns and chase. I found one where the investors were represented by cohen and Milstein and one other class action firm in new York and on the pleadings where the investors sued chase and the trusts all of their names wer e o nthe styling section of the brief
in my case they were blacksmith and boilermaker’s union pension fund out of Kansas city Kansas or kc Missouri and I looked them up and do they ever have a history of hassles with the us dept of labor. theother two were railroad pension fund and healthcare company pension fund all of which were afl cio labor organizations.
best regards
David
I hope that helps someone.
chase has tried to manufacture a default three times and so far has extorted me allegedly over $ 50,000 and stolen another 100,000 in payments . they harass me daily now by mail and by phone . even had one of their affiliates call me on the phone and threaten me with prison.
so my view says I am getting closer and closer to the truth
one of their local v.p.s that I spoke to and who reached out to my pro bono attorney and cpa and forensic fraud examiner was fired because she talked to them without upper level clearance T O DO SO.
SHE WAS A NICE LADY WHO WA S TRYING TO HELP ME.
WHAT I DID DISCOVER WAS THAT CHASE IS SELLING LOANS TO PEOPLE TELLING THEM THEY ROUND UP THEIR INTEREST RATES ON ARM LOANS. WHEN IN FACT THEY ARE ADDING 5/8THS OF ONE PERCENT OF INTEREST EVERY SIX MONTHS TO THE RATE FOR PAYMENT CALCULATIONS PURPOSES.
ON AN AGGREGAGE BASIS FOR EVERY ONE TRILLION DOLLARS OF LOAN BALANCES CHASE IS SURCHARGING EVERY HOMEOWNER IN AMERICA OVER $ 6.25 BILLION DOLLARS IN INTEREST EVERY SIX MONTHS THAN THEY SHOULD BE CHARGING
AND THIS INTEREST HAS NEVER BEEN REVEALED TO AN YOF THE HOMEOWNERS AS REQUIRED BY THE TILA law.
regards
David
David, the chasemdlsettlement is about contract breach mainly and it has not been finaled yet so if you think you are getting nothing monetary you are right, but you are supposed to be able to cure any delinquency which would not apply since u r 4 payments ahead and we are supposed to be offered new hamp modifications. It just depends what you are looking to accomplish with your home situation. From what I read about your situation, it sounds like thru all the transfers ur note was satisfied at some point, but you would know if it has been satisfied. We all have to pay.
When you borrow money, you agree to pay it back – that never changes.
However, while people who lend you the money can put the Beneficial Rights, Title, and Interest in your Note and Mortgage, and have different entities SERVICE (collect the payments), into other entities hands…NOW it gets interesting. IF IT WERE JUST YOU AND THE ORIGINAL LENDER, you’d have someone to sit down with and work things out or at least deal with and come to an agreement as to whether they get the title or you get new terms.
No need to ever make payments to anyone else other than your original lender, in an IDEAL WORLD.
BUT, when that lender DOES things, they – and others – can put you in an unfair and weak position…and that’s what’s happened to most of us, and what’s caused the financial mess the world is in ( and the world IS in one, – a VERY serious one – make no doubt of that ! )
SO, you need to POSSESS ALL THE DOCUMENTS OF WHAT THEY DID !!! You have a right to know that your PAYMENTS GET TO – AND ARE RECEIVED BY – THE RIGHT PARTY(ies) along WITH THEIR RIGHTS TO…AND… your money !!!
When you DOCUMENT all of that, you are “following the docs and the money”, …..and be sure to include the “fair and reasonable” compensation paid TO your original lender and all other parties who may claim interests and make demands upon you. One dollar is NOT “fair and reasonable”…..[.if it were you’d only have to pay the investor ONE DOLLAR to make them “whole” !, right ??? ]
My experience is that people who represent themselves DO NOT DO THAT.
“I want every document and every dollar accounted for “.
Judges – when presented with that, HAVE LITTLE LEEWAY…THEY CAN’T BY LAW ORDER YOU TO PAY SOMEONE WHO HAS NO LEGAL RIGHT TO YOUR MONEY, NOR CAN THEY ORDER YOU TO PAY A PENNY MORE THAN YOU are legally liable to pay.
UNLESS A BORROWER shows the court they are precluded from giving a party your money, they WILL order you to pay them on the grounds YOU failed to physically show the judge why they don’t have a legal right to it. IT SHOULD BE that THEY have to prove they are entitled to it, but no more in the United States is that the current case. Our judicial SYSTEM HAS BEEN DESTROYED OVER THIS SCANDEL. Judges are still requiring such proof in a small number of cases, but they are getting overruled in the Appellate Courts. Until we have our LEGISLATORS pass laws to “right” our judicial system, it will remain upside down. The Banksters are betting U.S. citizens don’t have the Will to do that.
We’re in an Economic War, and we’re losing.
What are YOU going to do about it.
Hello. I’m in the DIscovery phase of my SECOND case against the bank (pro se) after having their first Complaint dismissed. The judge said there are still issues, and we are going to trial.
I tried leaving a message on http://www.casediscussions.org/ but it looks as if the links are not live. Is there another site or other way to leave my info. I could use some comments. I believe I have a winning case, but need to bounce things off other foreclosure defenders.
Thank you very much.
You have to be VERY aggressive in doing your discovery to get to – and document – the truth, then its just a matter of matching the documented truth with the law and case precedent (unless you want to try to set NEW precedent !) You need a SKILLED TRIAL ATTORNEY to present your case correctly.
The links on casediscussions are still being worked on to get it to be the most useful.
In the meantime… WHY do you think YOU should win, and WHAT are the issues the judge said need to be tried.
ps – if you convince the OTHER SIDE you have a winning case, they’ll want to settle
can used usedkarguy or anyone tell me how to get access to Bloomberg data for my mortgage. I don’t have the money as a disabled veteran to pay for access to securitization data for my bear stearns mortgage. however I do know who owns my mortgage in the bear stearns trust and wells fargo used to be the trustee but the petitioned the SEC to get out of the trustee business for bear stearns trusts.
The Bloomberg system is the best securitization data available, however, it’s $1,500 or more and really does nothing!! The banks are just stealing the houses and the courts are allowing it to happen. You can walk into Court with ALL the evidence to prove fraud and it just doesn’t matter…the Courts are in bed with the banks and I am telling you this because I wasted entirely too much money to prove my case and it just DIDN’T MATTER!!!
Every case turns on just one or two points – you took out a loan, you didn’t repay it…that’s what the courts HAVE to look at, – ….now if you can prove “I DON’T HAVE TO REPAY IT, or REPAY IT TO THEM“, then the court has to go with you, or be overturned.. Remember a judgment CAN BE OVERTURNED under certain conditions – a judge being paid under the table will get both YOUR JUDGMENT and the JUDGE tossed out, but YOU MUST DEMAND AND INSIST ON IT…the media LOVES Judges on the take news stories !!! How are you going to prove it – most payoffs are in cash or something paid on behalf of the party or their family or friends and associates…do you have good P.I.’s ???
All the securitization documents can be obtained through the SEC and other public filings and by Subpeona Duces Tecum. What is even MORE effective however is to TRACK THE MONEY…follow the documents, follow the money – nothing passes until its done correctly.
David, Bloomberg shut down all their terminals that were leased to anyone NOT a trader or investor. That was my understanding. I had a guy do mine a couple years ago. I have also obtained information through a firm that tracks ownership of MBS, called DealVector. These guys are trying to shine light on the market for investors, and are open to sharing their information upon registration. You have to tell them HONESTLY why you’re there, who you are, and provide valid information. This site allows you to find the MBS and for a modest fee I am sure they will certificateholder information. I am in the process of trying to get in touch with investors now.
All of this is fraud, and when you start chasing your loan down some rabbit hole trust, then find out the trust certs are paid off, they were extinguished in 08 through TARP, and only a couple of the EQUITY tranches (owned by the sponsors) are still paying, That’s where your loan ended up if it’s current or modified. They resecuritize the modified balances.
Find Bob Garassi’s brief on Erobobo, and then…….go figure…….
Bobbi, are you part of the ChaseMdlsettlement? Because in the settlement, if chase transfers the servicing of your loan, you are automatically opted out of the settlement and Im betting that is what they are going to do to a lot of us so they don’t have to make good on their breached contracts.
Tom; please send me docs that ‘HSBC” can NOT be a trustee for ANY banks and/or investment trusts. Your comments are ‘great’; but as you say: it must be used in a case and prevail. I look forward to receiving something. g o i g r o u p at geemale. THX
What State are you in, besides Frustrated.
Are you an HSBC as Trustee for someone ? Who
and who is your servicer, original lender, and when and how did both transfer and when were their recordings in the public records
AM I SEEING THINGS ????
I had to blink several times BUT IT WAS STILL THERE !! An AD for HSBC on the right side of the page this blog is on of 4closurefraud.com !!!
ANOTHER VICTORY !!
Another party sued by my same plaintiff “HSBC as Trustee for Ace Securities” won an involuntary dismissal today !!
so HSBC as Trustee for Wells Fargo Home Equity Trust 2005-2, still listed as trustee on bloomberg, is not performing trustee functions? Yeah, I know. But that document would be most helpful, Tom. usedkarguy@yahoo.com
sounds like the banks are the paranoid ones. If I would have done all the fraud they have on the American publc, I would be running scared too.
Headed to the 7th Circuit.
just an FYI, Article 9 of the UCC should be abolished as it has permitted these banksters to get away with their fraud by allowing their so called “transfer” to third parties to “possess the note” and sell it over and over again.
im in it to win! put these fraudsters in their place, a 3×5 jail cell
Tom
I wrote a little book when I discovered how corrupt Judge Alice Schlesinger and all the appellate judges I had except Judge Helen Friedman were and printed as many as i could and sent them far and wide. I guess she never expected me to fight back. You are right Tom we all have to fight back in our own way in addition to the internet fight.
I want to invite everyone on here to host your OWN Case Discussion on my new website
http://www.casediscussions.org
This way, anyone you want to update, can quickly go and see your situation and the documents you want them to see Make sense ?
Should make it easier to get more input and interest as well, and eventually find others in the same boat as yourself to work together with.
I can’t get into any of your posts……
All, I need some assistance and advice. We received a Notice of Foreclosure a few months back. I have still been corresponding with Wells Fargo telling them they have no standing. After several QWR’s and letters to OCC and CFPB, WF responded with more documents than they did in the past. This time they included 2 Allonge Notes which I had never seen before. Keep in mind that they did not respond with the documents even to OCC and CFPB. Then it clicked I went on to the Baltimore More Public Records and there it is a Deed of Trust had been posted there on the 11th of this month. I have not been able to view it yet, but I can imagine what it is. I need some help on which way I should go with this. I need to know what I need to do in order to prove that the documents are Fraudulent. I am sure they are. Any assistance would be greatly appreciated. James 443-677-2799, Thanks I live in Maryland
First off I would get a copy of the Deed of Trust ASAP, as well as anything else they have filed with your county recently. Next you probably need to check your state laws as to whether they were able to start foreclosure proceedings prior to being the beneficiary to anything, I am assuming that is why they filed the Deed of Trust (probably a Corporate Deed of Trust). They are trying to prove they are the beneficiary to the deed. In some states they cannot start foreclosure proceedings prior to doing such things. It might also benefit you to figure out whether or not they are proceeding with a judicial vs non-judicial foreclosure. As a quick Google search looks like they can do either in your state. I am sure there are others on here that know way more than I do but I hope I at least gave you a place to start.
I was thinking along the same lines. I would review the Wells Fargo Consent Judgment as well. The Chase judgment includes this section Section IC. Documentation of Note, Holder Status and Chain of Assignment. If dates aren’t matching up etc I would also review reliable evidence for filing/recording of docs. Based on what you find keep sending CFPB complaints, QWR’s. Start informing local officials if you haven’t yet as well.
James, scan to escandona1@gmail.com the NOD and NT…maybe I can help.
Amada
I have been fighting with Wells Fargo since December 2007. Fortunately it has meant well over six years without payments. During this time I have come to know them and the tricks they use very very well, and they have come very acquainted with me as well, and know me
to be a thorough and careful researcher. It seems they have been acting on a SUPPOSITION that they were the correct and legal servicer of my loan, but the records of my original lender show otherwise. The original lender claims my loan was never transferred away, including my servicing never going to Wells Fargo. This would mean Wells Fargo is going to have to return ALL of the years of my making payments to them back to me – and the Court throwing their foreclosure action, on which they have spent their own money on, out.
What this means to YOU is that their Standard Operating Procedures probably have been used in your case too – whatever they feel they need to win the foreclosure they will just manufacture. Only YOU can execute a Deed of Trust. Obtain a CERTIFIED COPY immediately, but talking about it will not prevent your being foreclosed on – unless you CAN PROVE they are LEGALLY PRECLUDED from foreclosing, they will GET AWAY WITH IT.
TO PREVENT THAT, YOU MUST do vociferous discovery and RE-CREATE every step of the trail of how you got from signing your original loan documents to here…on paper and by first hand testimony by each individual involved. They WILL fight you tooth and nail on this, and IF you have LEGAL PROOF of why they may not complete the foreclosure as a MATTER OF LAW, you should be able to prevent them from doing it.
FYI, Wells — USED to have their “hired guns”, the foreclosure mills create these fraudulent documents. Jail time for those attorneys. NOW Wells has decided to manufacture them THEMSELVES, mostly out of their Minnesota offices which were formerly Norwest, who is the true owner of Wells and just using the name Wells Fargo under which to do business and their dastardly deeds… methinks this is where yours may have been forged, if they were forged. Forgery of financial instruments is a felony. Forged instruments may NOT be used or accepted by a court.
Be glad to talk more about the details over the phone, but I recommend you go to my new website http://www.closewellsfargo.com and look it over before you call me.
Your task is to PHYSICALLY DOCUMENT THE TRUTH and get the people involved to testify it IS the truth. Its a lot of work, but it can be done. A skilled and talented trial attorney should work with you to pull it off. Your goal should be a negotiated settlement, not a full blown trial, but being 100% READY for a full blown trial is the ONLY thing that will get them to cave in.
Only if they think they will lose, will they do that…however forcing them to comply with all the concessions they have already made is a huge hammer you hold over their head. Chances are if you say the right things to the RIGHT PEOPLE, they will turn nice and friendly and want to be your best buddy, which is where they are with me after six and a half years..finally.
Tom Heinrich
(954) 781-9300
Tom,
What you have written is very close to what many of us are experiencing. One important comment is that courts ARE excepting these forged documents without much discussion and ruling in favor of these banks/foreclosures on a daily basis. I can discover all the forged documents I want and present them to a court as a proven fact but they are still on many occasions being disregarded. It would be great if the laws applied consistently and the Judges rulings were made easy by stating precedent but it’s a free for all and case by case whether you are granted any relief.
The tools are there, we can ‘t fall into the cable news, ideology, false morality traps. The truth of one person alone is powerful but if we work together it’s that much stronger.
Banks fear me…’us’.GLOBAL POWERBR(oh shit)KERS are behind us little guys….we American Dreamers have sure eaten a lot of FDIC shit…that’s Fed Dic….their turn.
1. File a Police Report w your local PD..provide evidence of the suspected fraud….
2. Send copy of said police report to AG Holder
3. File in Federal Court….’friend of’
4. Watch what happens
5. CEO are getting shadow talks…visions of what’s to come…they are wetting themselves. ..not licking their chops as before…’wetting’ as in pissing their Brooks Brother’s pinstripes…watch MetLife….watch and listen….777
6. Prison terms in 2015…2016…2017..China (et moi) are raging…..I speak for those who cannot.
7. Watch boise idaho….like an eagle. 777
Okay, for the record here’s my 2 cents! None of these media outlets like the major news stations is going to give a rat’s ass about fraud-closure. They are more concerned about the making the ratiings and fraud-closure is OLD news now. We have the ongoing problem with the Middle East, the airliner that disappeared, rampant shootings across the country….BUT, exposure is what we need. I have always held such esteem for MLK the way he was able to bring about his cause on the streets. Nowadays, the streets don’t offer much in the way of exposure but we now have the internet. If you really want to capture the media’s attention then put a fantastic video on UTUBE. Seriously! The woman that came into the store half naked and reaped havok had a million hits in less than a minute. Get yourselves together in a local area and begin filming. Tell your (horror) stories in short form – one at a time but do it graphically and with attention getters! One thing the news media monitors is UTUBE esp. when a video goes viral. No violence, just plain truth. Like you, David Franklin, as a Vet who fought for this country and put yourself in harms way to protect the citizens of this country. The American people are very compassionate about Vet stories. Just sayin’…
I agree !!
We also have the nucleus of a national group organization right here amongst ourselves !
I suggest you all read TWO BOOKS by James Rickards.
He took part in a Pentgon war game exercise on 2009 where the participants could not use actually existing physical weapons like bombs, missles and aircraft or satellites, but could only use” financial weapons” like stocks, bonds and derivatives to destroy the enemy.
He has written “Currency Wars” and “Death of Money: The Coming Collapse of the International Monetary System”.
Rickards played on the China team, and created a scenario where Russia and China combined forces, and used their gold stockpiles to issue a new, gold-backed currency, intended to get the world to stop using the dollar.
A real-life scenario, however Russia has become the world’s richest nation in terms of natural resources, having literally billions of pounds of diamonds discovered under a meteor crater. It doesn’t need China. China needs IT. They are working on it.
Meanwhile, watch the European Union this week, the final “official” session of the European Parliament They will pass major reforms where failing banks will be wound down without public money.
The EU is still fuming at the U.S. for fomenting the worst financial crisis since WWII. On top of THAT it turns out we have been listening to private conversations of virtually everyone in Europe as well as doing it to our own people.
The EU is fundamentally reshaping the banking and securities industry. The EU is stripping power from member countries (“States”) to avoid more taxpayer bailouts of banks and euro zone countries.
Eric Holder and Barak Obama may well go down in history as failed administrations.
The final solution to out banking problem may well come from overseas. While we have tolerated the major banks fraud, European countries are saying “never again.”
U.S. influence in the world is at an all-time low. Want proof ? The dollar is down over 38% just since 2002.
Our media has placated and distracted the American public, as have both political parties, neither of which seem at all concerned about the 99% of we-the-regular-peoples’ plight.
In our country, it is up to YOU and ME to spot, to document , and to DO SOMETHING about EVERY instance of wrongdoing we come across.
LET’S DO IT !
The banks own the media, the politician’s and the courts!!!
Once you understand that horrible reality, you will see the only
hope is to take it to the streets and explain our plight with picket signs!
The first sign is short but sweet…”the banks are stealing homes and the courts
are allowing them to do it”….”63 million homeowners are under attack by the banks”….”the
only people that don’t know about this attack ate still able to be making their mortgage”….
Short and sweet and in small towns in every State….
Anything is better than thinking the Courts will decide! The courts will not rule in your favor!!!
Maybe they need to go back and not let banks cross the state line. That’s where it started to get out of control. They need to keep banking in the community again so they know who to lend and not lend to. I read where banks control 60% of our economy and it used to be around 13. They need to be squashed. We the people should just rebel against them. We don’t need to drive expensive cars and live on credit. We all need to live in our means
Hammertime. What do u think will bring down the banks. They need to be regulated in what they can securitize and people’s homes should definitely be off the market
I think those that have abused our system within the banks need to be held accountable. It seems like Chase was able to stop some action by shareholders that see what’s going on. I think we gotta get back to fixing our property records system and along with regulation if banks are using our tax dollars and we’re their customers the interest of our communities and economy in terms of jobs and real wealth needs to come first. The tough part is that home financing became our economic engine with globalization and loss of industry. On the positive side there are some real possibilities if the banks weren’t driven by greed and they weren’t run like a casino.
The homeowner can be more effective than two lawyers going at it. The judges need to see how the homeowner is being mistreated by the bank. I too witnessed my ex attny aiding the banks attny though they would never admit it. I am learning the law on my own now the judges need to hear from us the homeowner and how they r mistreating us so maybe these judges will wake up and stand up. They did not get into those positions just by being elected.
The truth of the past 6-10 years and the BASICS of the law and our rights is what we have on our side. It may be a matter that those in the bubble still don’t see it or are true abusers versus those of us that have gone through it and then the other slice of the pie those that are on the outside looking in. If we just got a fraction of the millions that have been through this in one way or another we could pop that bubble.
Well my dad always told me to finish what I start and this is near and dear and my bubble aka the American dream has burst in the worst way and I am very hurt and now very mad. I spent a lifetime building excellent credit and working for my slice of the dream and to let someone I don’t even know ruin my reputation. That’s the problem today with all this technology the ones that are sticking it to u feel no guilt because they don’t have to face you. These thieves should be made to face the people whose homes they are stealing and have stole
Well put tom and they will go down. They have way to much power over our economy. I know and chase knows they have wrongly put me in foreclosure and they r going to pay for the damage they have done to me financially. I know there were a lot of people that got out too soon because the home values plummeted or they strategically defaulted, but as for us fighters and know they have severely wronged us need to see this fight all the way thru. I will be standing by to help anyone and everyone as I continue my own fight I want to become a paralegal by my own unfortunate event so I can try to help others
After I caught my lawyer making a false offer along with Chase a paralegal was like a god send to me. We can have an impact now and down the line.
There may be more Hope than YOU REALIZE. What is at stake here is whether the international monetary clique “Owners of the World” will keep what they have or be ousted.
Yes, they are amazingly powerful, but they are NOT invincible …. nor is their continued power assured. They may have done themselves in. By concentrating on consolidating themselves primarily inside six large divisions ( the big “too big to fail” banks ), they could easily go down as a group, which they clearly are – you see NO difference in how they operate because they are, in reality, one and the same. Being that, they are on very shakey ground. This IS an economic war, make no mistake about it.
The insiders are so scared, that they have destroyed our judicial system. Out of fear the group will implode, their desperation in completing foreclosures even though they are not being done correctly, being done without paperwork or proof, and being done in a way that destroys Americas economy and future – I can see they are in fact, making things WORSE for THEMSELVES.
Law is a sharp, but two-edged sword. It cuts us deeply, but has yet to swing the OTHER way and cut THEM AS deeply as well. If you make more and more laws and rules – EVERYBODY feels its bite.
The new Consumer Financial Protections Bureau probably holds the key to destroying the behemoth. IT can get this to Grand Juries and the World Court, and ultimately replace the system we have now with a much more stable, moral and just system. The rich folk have made their millions and billions, now it OUR turn.. They really DO owe US for what they have done TO us.
Should it have taken some 2,300 days for Wells Fargo to have changed the terms on my A.R.M., – of course not.
What then IS the solution. A new way of doing things. That’s what ALL of us have to work for, recruit others to join us, and replace the banking system with a system that has no room for insiders crime and racketeering.
That means MAJOR changes to our justice system, so that judges and attorneys who violate the law get to see the INSIDE of our prisons for violating that which they were sworn to uphold. Let their cellmates be the rich banking insiders to whom they have laundered the free money and real estate to. Will that happen if we let them continue to get away with this escalating injustice ? No.
Mass. has enacted one step in the right direction – unlike Florida who shields and enables the crimes, being in the pockets of the Cartel.
They have created quite a series of new hoops for banks, servicers and mortgage manipulators to jump through in order to foreclose on borrowers who aren’t making their payments – and are actually being PREVENTED from doing so by the addition of new charges.
Under the new law, those seeking to foreclose have to demonstrate to a court that they made “a good faith effort” to work with delinquent borrowers, that they took “reasonable steps” to avoid foreclosing, and considered whether the borrower could make lower, “affordable” monthly payments.
It also mandates they prove loan ownership of the rights to and under the Note and Mortgage and that they “hold” the documents legally….. and prior to taking foreclosure action.
It prohibits misrepresentation and imposing unfair costs and fees and makes charges for services not performed to be a crime.
About time.
Now, about OUR individual cases…who wants to “show and tell” with judges and gtry to set aside those forecloures that occurred wrongly. It means finding EVERY mistake the judge and attorneys have committed …and commit – and doing something about it.
If you show them YOU will not let them get away with a SINGLE error…. methinks they might just want to TALK WITH YOU about a resolution OTHER than foreclosure.
This forum is great, BUT it should not be where each of us STOP, it should be where we BEGIN our pro-activity on our own situations and actively support the rest of us on THEIRS. They ARE paying attention.
Tom
This applies today – Ephesians 12:6 says “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”
We need to understand this isn’t just about our individual homes and wealth but our neighborhoods and our country’s wealth that is being taken from us through abuse and deception. Our nation’s soul is under attack and our Constitution and laws are being shredded. But it starts with us individually taking a stand for our homes and demanding fairness so we can recover our wealth while working together.
Agrees we have no front or mechanism
To come together as a force
As a disabled vet by the VA. I have bet orgs to help me fight
Chase and they could Care less about vet homeles
David
That’s where we all have common ground in being abused and treated as if we don’t matter. Only when it became publicized that veterans and seniors were being thrown out did they change their tune a bit and started making their commercials and politicians started acknowledging therr was a problem. If you’re being abused by Chase the settlements give you many of the rights and tools Tom is talking about in MA. Your story would have a strong impact. Hopefully this week will go smoother and we can talk about your situation.
AP would be best to break my story or even more blogs
Can’t get any interest
We have to make our own media which we are doing to a certain extent on here. Your efforts to try to get interest could be a story in itself and there are techniques we can use to help each other and others. At some point the truth will break through to the average Joe as it has to some extent. Either way I agree with Tom the writing’s on the wall for the too big to fails but we can’t let this be swept under the rug if they end up in their prison country clubs and it’s business as usual.
Agreed however chase agreed to stop with us ag eric holder
N paid 35 billion to settle
However congress your reps n senators gave chase 90 billion
Of your fed taxes in tarp money to pay that fine
We need to get on congress’s ass to stop tjid crap n to get them to
Get on obama n the fed n uscfpb paid by the fed
We will never have any wealth without our paid for homes
David
It would be nice even to have the blogs to break my story
Can’t get any interest
David
AP press would be best In my view
David chase has never stopped their predatory practices and have no intention of stopping until they finally get a lengthy sentence in a jail somewhere. Don’t ever forget what the good book says about being slave to the lender. You are bargaining with the devil
Chase is begonning a new wave of predatory lending and mortgage servicing
Practices by adding a hidden not disclosed 1 percent of intwrest
Per year on bear stearns mortgage loans and will take our
Interest rates to 12.37 percent in nine yrs
This is never disclosed interest in TILA DISCLOSURES
THESE R FOR ARM LOANS
,CHASE HAS CONFESSED IN WRITING TO ME ABOUT THIS
DAVID
Thank you Tom for helping my family spread the word about our struggles with Hanson you are a true American. Your efforts to help others are genuine and are to be applaude. You must have read my entire site to have made such an endorsement and you realise that my efforts to expose this admitted discrimination will help other American Injured workers in the future. US Bank has recently filed a NOD and that is another battle we must now face on top of trying to expose Hansons business practice. What next? If you would have your readers please read my website to see the court submitted evidence for themselfs which will verify my statements about my situation I would be very grateful! Keep up the good work Tom you are a light of hope in a sea of deception!
you all need to know about Richard Hamp Sr.
I received this from him if you haven’t read it:
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
Regarding Moonbeam* Brown (loving term we Californians called him during his first stint as Calif Govenator) being sued in California for diverting funds designated for foreclosure –
I have sued Pam Bondi for the same thing in Florida, along with the justices of our 17th Judicial District and District Court of Appeal to attempt to get an Order of Compliance to issue…. I also am suing a specific Judge who’s calendar I sat in on this past Thursday…she was staring at her computer screen while someones’ defense attorney was getting the plaintiffs attorney and witness to agree that the default they had alleged had actually been cured, when suddenly.the judge snapped out of her trance to say “JUDGMENT FOR PLAINTIFF”… I even went up to her and told her she had just made a mistake after everyone left the courtroom…she said she wasn’t going to discuss it.
I also just got the continuance of my April 23rd trial date moved to after September 1st with the Notice to the Court that my permanent modification should be in place by then, so looks like the foreclosure case filed against me in 2008 is over…… (nearly 2,300 unnecessary days too late)
_________________________________________
*PEACE OUT JERRY, just a bit of nostalgia… you’re a good dude…most of the time, sometimes – a true poly-tician howeva… I STILL love how you STILL look so concerned, you should bottle that look and sell it when you retire…again ( will you get double retirement ??? )…Tom
oh, and I think we’re going to have another Mountjoy case here in Florida
Tom, you would be better off spending your time finding solid legal reasons to win on your own foreclosure case rather than attempting to sue the AG pro se.
I believe I have seen your motions. You desperately need to focus on the proper presentation of strong legal argument based on admissible evidence, in your own case.
If you think you have a good case for suing the AG there are LOTS of lawyers who would take that on contingency, because fees in a class action of that nature could be well worth their time. As a pro se you cannot represent others, so you can’t file a class action.
Focus on your own foreclosure case. That’s where you energy should be directed. Find a good lawyer and find the funds to stand him or her up in court.
Heres what just happened to me, and YES – hackers are busy on this site. Within the past few hours I received ‘updates’ from ‘this site’ …but they were bogus. By clicking on a ‘reply’ button within your ‘2closurefraud’ email update, you’re DOWNLOADING malware that allows these people access to control your puter and access most of what you have on it.
Fortunately, everything over the web is tracable, even though these idiots use “masks” to hide their identies and locations. This is accomplished by using multiple servers in different parts of the world. It just it more work to reverse each one, and they figure you’ll give up. Theres not much I give up on !
If you notice funny things going on, open your task managers and take “print screen” of all the processes that are running. HINT – you see CPU usage on theirs typically.
THEN go to Internet Options and clear all cookies and temp files, after which you want to run your anti-spyware program probably 3 or 4 times, one after another.
Reboot. Then go look at task manager and what processes are missing and which still showing use when you’re idling…when your on idle they may NOT be, and they give themselves away. Once you find which process(es) are running, open them and find their IP address and check what other IP Addresses have been forwarded from.
With their IP address you have their provider AND THEIR PHYSICAL ADDRESS. Contact IC3 and you have them. File a complaint with IC3 AND Interpol and they are toast.
Sleep well tonight, your computer will be !!!
G’Night Friends !!
(this should clear up all your slow and unstable symptoms, too)
Hammertime
Astoria Federal/Fidelity ny fsb new attorney looking at the dates i was under federal court jurisdiction knowing these was no legal judgment already admitted its indemnify indemnify indemnify , heres a predicament w here the bank tried to straighten out the fraud and they were stuck with crooked judge Alice Schlesinger.
Sounds similar to a case I know of in San Diego. What you and Tom are describing and we’re all experiencing is the left hand not knowing what the right hand is doing while claiming to address the fraud etc. Homeowners and the American people would have accepted a fix to a certain degree but with the settlements corrupted and CONTINUING abuse and now another bubble and collapse on the horizon this can only be seen as a fix gone wrong or continuing fraud and corruption.
….. you can still straighten things out AFTERwards through negotiations with a plaintiff which often they are – usually they’re just looking for a way out – a judges misconduct can drag them into something they don’t want to be in. Post-judgment actions CAN be taken, I’d try to stip to modifying the courts action.
Remember to complain about bad judges !
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581
every state has one !
AND the Cordray folks at the CFPB are looking at bad judges, too. Contact them.
hammertime
all it took for judge alice schlesinger to rule against the US Constitution pursuant to Elliot v. Piersol was some money under the table and into her hand.
hammertime
there is definitely a second computer . I have had hacking problems on my house phone and my cell. My mobile provider worked endlessly on the issue and saw exactly how it was done. and one day watching my call history found they were forwarding my calls by quick switch and even go the phone number they were switching to. A number similar to my cell number but the number they switched to was located in Garden City , the home of Astoria Federal After they knew i had that number, they closed it and now use another number
I am going in a different direction to get them.for Astoria selling my two condos without owning them.
Mobile phone hacking is notorious for ease to do. If you have that evidence in a usable form that would be huge black eye for them I would think. Going to these lengths your case must be something beyond the normal. Sorry my memory banks are low with tracking every case I read about. I’m thinking of ways of how we can describe our cases and somehow address these various issues along with Tom’s court emphasis. It would be good to schedule a time for conference call. Evening Friday (CA) or over the weekend would work for me.
MARILYN, I HOPE YOU HAVE FILED CRIMINAL CHARGES and will be filing a civil suit……you might just get enough to pay OFF your mortgages ( or buy something better for cash !). The Justice Department attorneys will help decide which jurisdiction should investigate and which prosecute. Get them started immediately so they can tap and trace before the folks disappear, which they will. I’d talk to your local FBI office special agent on duty TOMORROW and talk with your providers security. LEO’s have to talk to your carrier ASAP.
Civilly,you must decide whether State or Federal court you want to hear it in BY JURY of course !!! and asking for huge exemplary and punies since your actual damages are probably nil or difficult to prove up.
Federal Court is a stickler for preciseness and don’t fool around, you get a trial date up front and its usually within about 9 months…discovery may take time, so as much as I think Fed might grant you a far bigger award, it might be too much pressure in too short of time, since you’re going to have to do a LOT of discovery and its all over the place.
I suggest you start interviewing attorneys NOW, in several different fields, but you want an EXPERIENCED TRIAL ATTY who has a great investigative team specializing in electronics and telecomm.
If I were you, I’d file and get a restraining order and subpoena all your telecomm records and depose everyone who has knowledge at the telecom, a judge should grant you a shortening of time to commence discovery under your circumstances I should hope. FIND OUT WHERE THE CALLS WERE TERMINATING and WHO HAS BEEN AT THAT ADDRESS. The FBI can have people at the address within 20 minutes once the warrant issues. This is better than TV !!!
thank you bobbi, I will hold tight 2 ur advice and the paperwork.
I see where Fannie and Freddie properties listed for sale take forever to close and when the properties are transferred to Fannie/Freddie to be sold in the open market, the title is recorded as not a warranty deed but abbreviated as ct and the contents say that no one in a certain amt of time(can’t remember how long) but says that the title has not been contested in the court and the property is sold from there. When I refinanced I paid for title insurance but never got a new policy. I still have original title policy and warranty deed from when I first purchased my house
@ Lms53 – CT stands for Certificate of Title and that is standard in a foreclosure sale when acquired via sheriff’s sale. It is because the title is being issued by the Courts and they cannot warrant title since it is being done via the court system. There is a redemption period which is stated in your mortgage document so the Court will not issue a CT until that period has expired. Also, when you refinance you only get an ‘endorsement’ to the original policy, not a new policy. The endorsement will amend the original title policy depending on whether you increased the mortgage amount or decreased it. Hold on to that endorsement with your original policy. It’s much the same as when you modify your car insurance policy when you add or delete autos or persons authorized to drive them. Recorded deeds are ALWAYS returned to the owner and should be kept in safekeeping.
bobbi , I went thru my titlepolicy & no endorsement when I refied. obviously another doc they can forge if necessary. in fact I have all my refi paperwork and received nothing back recorded or any other papers when I refied with chase in 06
@Lms53- if you don’t have the endorsement, then check your HUD closing statement to see who the settlement agent was. Most typically it will be a title company or an attorneys office. Call them and ask them for the endorsement. Their file number should be on the closing statement for reference.
Bobbi Swann
When I look at my history every couple items on the list says
-“what is my ip address. i am not the one asking the computer this?
bobbi swann
thnanks
I already went into my user accounts . Just me No guests.
Michael
Judge Louis L Stanton was my judge in Federal Court Southern District who understood the US Constitution when he removed my case and issued his first orders and when the Bank objected changed his opinion and said
‘ creation of money is not a Federal Issue ” huh.
Just wondering if thegrey55 is still around on this site?
I don’t have any cameras on my computer because I do believe they cal look back at u. Nor would I have a “smart” tv either
lms53
We are not alone. The banks and courts are feeling what we do
As Churchill said never never never give up
lms53
read this from ProPublica of what money can do.
What Newly Released Docs Tell Us About the IRS and How It Handles Dark Money Groups
by Kim Barker and Theodoric Meyer
Here are five takeaways ProPublica found from the documents released Wednesday by a House committee.
Dark Money …
lms53
any bank with all their money can hank into anything they want. Don’t fool yourself.
But we have to keep fighting.
I do not doubt that, however I did get an email notice yesterday that one group of attnys are withdrawing from my case. So now the original foreclosure mill attorneys will step back in with their shenanigans. They too have my email address. The entire broward cty circuit court has my email. I don’t bank online so if they r looking to see how much money they can get they will have to resort to some of their other illegal ways
lms53
I can’t do this on these sites but most everthing else ii do nose to nose.
lms53
I do not voluntarily share data on my computer. i don’t do banking etc on my computer.
A few years back i bought a camera and contented it to my computer to watch my dog and my apt
I would go out everything was set up and working. i did trial runs and returned in a few minutes everything was shut off.
the camera manufacturer interested in this issue, set it up for me and the same thing happened.
Marilyn. Make sure that u cannot share data, photos, etc you have to go into your setup to verify and u can make sure that there are no other users. Also your ISP can see if there r other users logged into your up address
Lms5
That is exactly the issue. as administrator i want one one user,me I do not share my computer.
Marilyn don’t worry about that. That is meant if there is more than one user on the same computer
So wrong. That’s dual tracking and illegal. Entire case should have been dismissed and for defendant. This was part of the big payout last year. What’s wrong with the attny
Defendant got ripped off
Hammertime
what is your input into my switch user problem?
Bobbi Swann what is you input into my switch user problem.?
Marilyn – what is your OES (operating system)? It sounds as if you have a windows vista, is that true? If so, you need to click on ‘start’, then click on ‘control panel’; then click on ‘user accounts’. There you can make sure that you are the only user. If there are more than one, you need to delete one. This should be the same procedure for any OES except MAC and I have no knowledge about MAC systems.
I’m on Windows XP (old) just got a laptop with Win 8. On XP you have the default administrator and guest I believe as default depending on who set you up. On XP I have set up various users for different purposes. You don’t want to delete the Administrator if it’s even possible. I have an internet user login with little or no permissions to modify files or add software. It may be compared to Mac to may be less secure as Bobbi is saying. Computers, hard drives, thumb drives are dirt cheap compared to the old days. Saw a commercial yesterday for Win 8 tablet where the store owner not real techy looking is basically saying the same thing, keep important data separate access to internet when necessary and take precautionary steps. I’ve been using Digital Divide which has a free trial that’s worked pretty well. My worst case was when Windows automatically updated and conflicted with previous anti virus software. And there have been times at critical sales or other actions that my system seems to have been under attack. But every time I’ve had enough backups etc to get me through and keep going. When you add a user you will be given options to set them as administrator, possibly power user or guest type or minimal user.
Tom
Many times when i come to my computer, there is a little square in the middle of the screen that says “Marilyn Lane
locked out’ below it says switch user. Who am i switching with if i am the only one on my Computer?
See other posts. This could mean anything from you may be logged in somehow as in after a crash or there could be serious corruption of Windows. If you’re functional should be minor. In Win XP you had the option to reboot to a previous working version, called a restore point. You may also get there through control panel.When your system is stable you want to set a restore point or at least keep in mind a date when your system was stable.
That’s a computer setting( internal) issue….someone tried logging into your puter and after several failed tries,it locked “you” out to protect the integrity of your stored files and
programs. Simply reset it.
I just had MY puter hackted…downloaded malware via a bgus “update” from THIS SITE!!
They must really be scared. HI GUYS, you know I know how to reverse search you out, don’t you
I am aware that all it takes for some judges to grant a judgment is to waive thev original mortgage and the words “THEY HAVEN’T PAID” and its “JUDGMENT FOR PLANTIFF”
Today I sat in on a case that was contested, the defense attorney got the banks rep to admit they had accepted payments after they filed their action and admit the case was wrongfully brought to trial but the judge said JUDGMENT FOR PLAINTIFF before anymore words could come out of anybody. SHE HAD BEEN GLUED TO HER COMPUTER THE ENTIRE TIME AND YAWNING, HADN’T HEARD A SINGLE WORD, and after everyone left I approached the podium and told her I could not believe what she had just done and she had made a terrible mistake and she told me she would not discuss the matter with me. There was another witness, plus the defendant and her – very bright – attorney.
I am filing a complaint with the Judicial Qualifications folk and motioning for an immediate restraining order preventing this judge from hearing any more foreclosure cases.
Folks, these are powerful people. We talking about it accomplishes NOTHING.
I AM aware that other counties are following suit. Besides destroying our economy and standard of living and future for ourselves and our kids…THIS IS DESTROYING OUR JUDICIAL SYSTEM !!!
PLEASE join with me & pitch in time and effort doing PRO-ACTIVE THINGS T O G E T H E R …
please e me at reachth@yahoo.com or call me at 954 882-0009
I would say unbelievable but it’s not at this point. Our main weapon is public opinion and the fear of bad publicity and it seems the time is now or never. I’ll follow up tomorrow or over the weekend as I try to catch up.
Those in non judicial foreclosure states might be interested. Seems there are some making progress in Washington State, getting to a jury trial. http://stafnetrumbull.com/jury-decide-case-northwest-trustee-services/
The attorney in this case has also been working on several different cases, one other that seems of some importance would be dealing with whether or not non-judicial foreclosure is constitutional or not. Also, seems as if he is on a mission to make the trustees responsible for their bad behavior.
In this world we are living in it takes money to do most anything. That Lisa and Michael liened on Carol Asbury and Lynn should not be held against them.
I think they were as surprised as us how those connections turned out.
I believe u Marilyn, we r not crazy like bobbi swann thinks. look at the new bleedingheart and no one even suspected
hammertime
Several techs from my cable provided told me that on different occasions. If you have enough money to spend it is not difficult to have a second computer using ones ip adress that can control and interfere with the privacy of ones computer no matter how much security you have. Banks in particular employ hackers to protect their own information and these techs are very knowledgeable and know how to get around all the tricks of the trade.
Don’t tell that to Bobbi swann and yes any house that Fannie Mae or Freddie has infected has clouded title but of course they will squash that in the fort if they can get away with it
Just like clockwork…the heartbleeder bug is out there run for the hills!…and buy Big Company security software!
When I would complain to bondi’s website I would not even get acknowledged pretty much the same way Chase is treating me now. They will not even speak to me on the phone because of “pending litigation” they claim
It’s better to take it if it is affordable for you and argue the rest in good time. If you do owe the amt they r saying better to pay than not. It will give you peace of mind
How will he have peace of mind if he agrees and the title is all screwed up?
@ hammertime – my sentiments exactly! What good is a paid off mortgage (if we ever live long enough to do so) when the title is ‘clouded’ and the chain of title is broken? Conveyance is nearly impossible which would impede any sales of the property or even additional financing in the future. This is what most people don’t understand about title problems. All these people who got modifications are living a lie! Yes, they got to stay in their house as long as they were paying but the minute they try to refinance or sell that’s when the shit hits the fan! And where or what are the ramifications for this clouded title at that point? NONE. All the rights of the borrower were relinquished at the signing of the modification. Don’t people understand that the push for modifications is NOT in the interest of the borrower, but for the bank. It allows the bank to stay off title as in foreclosure and keeps the risk to the borrower FOREVER. Why do you all think the banks don’t want to take title on all these “zombie” properties sitting around the country? Because if they do, they also take on all the title issues and become liable for the broken chain of title. For God’s sake, chain of title is the base of land transfers. I now have title companies that will not insure title beyond the present buyer. Why is that do you think? Liability maybe? Quite so. So, live it up for those of you with modifications because you just transferred the liability from the bank to yourself. (besides the fact that you have modified a mortgage that was never perfected in the first place).
One of the basic truths in all this people have a hard time wrapping their minds around. No disrespect intended; it’s the mindset we’ve all been pressured to accept. But it’s very basic. Why do we fight tooth and nail over a dmv bill or an IRS receipt but we accept that our mortgage and title is no big deal! I almost fell for it myself when I was told there was a reconveyance done and there weren’t any other creditors pursuing payment so no problem! Black’s dictionary I believe defined a reconveyance as having requirements such as an actual payoff and delivery of the paid off note. I never received the paid off Note when I requested it since before the first payment and before I knew a thing about securitization. 6 years later Chase admits by right they need to provide a paid off note and the homeowner bill of rights now require that recorded documents require reliable evidence; even if a watered down chain of title. Still, like Tom is seeing, the lawyers, agencies, courts are still saying it’s just about the payment. If people give in now with these tools it would be a shame.
Well, I have officially sued judges of Broward, 4th District Court of Appeal, our State legislators and Pam Bondi – now to do depo’s and try for injunctive relief in the form of CHANGES. These people owe us a duty, and they have breached that – let’s see if we can get action.
I will post my Complaint on casediscussions.org
anyone want to do conference calls, and have ideas on my suit, let me know at reachth@yahoo.com
yes Tricia
i read that last night.
What is happening now?
It is not paranoia with me my computer with all security completely freezes and sometimes when I start to type the page moves all over the computer.
Astoria hackers get around this by having a second computer set up on Astoria property. It is not only my computer but my house phone and cell phone that they are hacked into,
you need o run some security scans and talk with tech support
Tom
I did and they told me a sign of hacking is when the page moves all over the computer it is hacked
@ marilyn. that doesn’t sound right. Page moving could mean alot of things such as bad video. Which tech support did you call? I would suggest you get to a stable point by backing up your data and wiping out your system and start fresh. When you’re on the internet try to use a separate system or different login from your important data and log in with low permissions.
I haven’t seen any updates on the case but will keep eyes open.
I had a suspicious? experience with Szymoniak’s site. I had contacted her site which was initially to be about helping homeowners I recall and the next day from what I remember the story came out that they had unsealed the case files and the homeowner was filing against her. I described possible false claims in my case and in February she was part of the False Claims case against Chase it looks like, very strange, coincidental?
when was the article about Lynn posted.?
I posted a link to it yesterday but the article was dated from last Oct. I can re-post the link to the article if you want.
http://www.huffingtonpost.com/richard-zombeck/lynn-szymoniak_b_4033877.html
Also read that she has started another lawsuit…sometime earlier this year
http://www.nationalmortgagenews.com/features/Banks-Mortgage-Companies-Defrauded-HUD-Veteran-Whistleblower-Says-1041017-1.html
Tom
I typed in a site called” Similar Sites” to foreclosure fraud and found there is a lot of competition
among them. Among them Lisa, Michael, Neil, Matt and even dinsfla the one I think who is suing Lynn.(is dinsfla and damian figueroa the same person?)
So you and everyone has to keep going straight and doing the right thing. I noticed a lot of the people bad mouthing Lisa or Michael or any of them are their competitors.
Fight on.
Maryilyn Lane, were you able to read the article I posted about Lynn? I hope it was helpful because it seems a lot of people were wondering what happened to her.
Seems someone doesn’t want me posting here…I upload only to get “Your comment is awaiting moderation.”
Please stay in touch with me through my email as well…. reachth@yahoo.com
ok, so now ur hiding behind the fannie/Freddie façade, still not too reassuring. come all the way clean bobbie.
@Bobbi Swann
I am Marilyn Lane the artist from till New York City also known as Helyn Mann of the Washington Sq. Outdoor Art show for over forty years, and that was till Astoria Federal/Fidelity NY FSB fraudulently auctioned off my two nyc Condos with Void Ab initio judgments to straw buyers one
Cheetah Realty and one Fang Li that started flipping them
.Cheetah flipped to a Ileene Marchena who doubled the price and flipped to her brother Antonis Marchena title insured by none other than the infamous Fidelity National Title
Fang Li with her fraudulent Title flipped to Frances B Turner who could not obtain Title insurance by her attorney so her attorney David K Fiveson made up the sham name of Coronet Title.
Had i had an honest judge this whole fraud would have stopped then but I had judge Alice Schlesinger od NYSC who would rather take a bribe
dont kno Marilynn, she/he went off on me about the computer too. I guess we should stay on track of why we are all here in the 1st place, but its getting very frustrating trying to communicate here when it acts up for whatever reason
Amen and the fight continues
Does this Bobbi Swann have any connection to Bobbi Swann the Real Estate mortgage Broker or Bank Loan officer from Clearwater Florida.?
Marilyn Lane and anybody else that wants confirmation: Yes, I am the Bobbi Swann that is a Licensed Mortgage Loan Officer. I do NOT work at or for a bank. I am my own boss and I work for myself. I am licensed in the State of Florida and through the NMLS which is the National Mortgage Licensing Sytstem. And for the record I choose NOT to do business with certain entities such as Wells Fargo, Bank of America, Chase, Suntrust and a few others that were involved in the mortgage fraud settlement. I do strictly Fannie/Freddie or FHA/VA guideline mortgages and I have NEVER done the ‘goofy’ mortgage programs from the last 7-8 years. I also do commercial real estate financing as well with my background as a commerical loan officer and property management for the RTC when it was in existance. I might also add that I have been in this business for over 40 years. I also assist others in preparing materials and documents for foreclosure fighting in the courts against the Plaintiffs. I attend hearings for those in foreclosure representing themselves Pro Se as the defendants and I spend a great deal of time at the law library. So now you know…..is there anything else you want to ask me? I don’t hide behind some internet name. So are you the Marilyn Lane that is the state rep for Michigan or are you the interior decorator from Sarasota, Florida?
Oh My God! Some of you are allowing paranoia to overtake sensible and reasoning. This site is not taken over by the banksters; nor was it started by the banksters. The site may be monitored by some of the lenders but highly doubtful that they can overtake your own computer or manipulate your own PC, laptop or whatever. The internet, as a whole, is becoming overloaded and you would know that if you ever watch some of the discovery channel or the other informative channels. I’ve said this before, but if you have more than one program on your computer for scanning antimalware you are creating a conflict that can actually do more harm than good from our own source. We all know that some of the bankstas are within these sites and if you use good common sense you can pick them out. Some that have commented here I know are just that and I don’t pay much attention to their comments. For example: we all need to pay our mortgages and paying them what we owe is the correct thing to do. This line of reasoning is only coming from a banksta…..You all need to be vigilant in disecting what is good and what is evil. Most of you are over-reacting to stimuli that is just false information.
With all due respect Bobbi Swann…..the internet can be manipulated, hacked, infected and following every single step we take and every key we hit on our keyboards! I even get “audio” for quick moments with voices???
HELLO!
So, who knows who is looking at “US” at any one time…maybe even looking at your face right this very moment as you are reading this!!!
We, under attack by the illegally operated BANKS, are fighting back and sharing our horror stories with each other on these site’s because the BANKS own the Courts…the Media and the entire corrupt Government so we fight this battle under the radar and share our united knowledge! I just totally disagree with what Bobbi wrote…WE ARE UNDER ATTACK and FIGHTING BACK and “they” are watching us react to being under attack! Just sayin:-)
Those recordings that you are hearing is because you have not set your computer correctly for allowing ‘ads’ to come in! You can stop those. I would suggest you get some help from a reliable computer programmer because if those ads are coming in you are allowing all types of malware in as well. Your computer is like a door to a room (the room being the internet) and if you don’t put up filters in front of that door you are subjecting yourself to vast evildoers! Oh and by the way, if you have built in webcam on your computer you need to disable it otherwise you are allowing others to view you. Webcams are the ‘eyes’ of those hackers so close it. You mean to tell me that there are no computer guru’s on this website who can validate what I have just said????
The least you can do ldynps is verify what I say instead of shooting back that you disagree within a few minutes…..I simply ignore and delete the rantings of nonsense when I see them.
Completely agree. I may have contributed to the paranoia jokingly as I had the missing keys phenomenon. Mostly an issue of performance. At this point the cat’s out of the bag what are they to gain from “spying” on these sites. The sky is falling brain washing of past 30 years seems to have hit here.
@ hammertime – good to know that there’s still some out there with a brain (that functions in reality). I, too, am wondering why there’s not been very many postings by this site as there used to be. However, I will take the road that maybe, just maybe, they have jobs and lives to live now that the years have past and time spent on this site has somewhat been more of a heavier load. I did read that their sponsor ended up in jail since the site opened so it may be a financial burden as well. People forget that there is a cost to keeping up a website and we should all remember that nothing in life is free! Cheers!
agree Marilyn, time does reveal the truth
Tom .
I was able to reset my password last nite.
When I first discovered Foreclosure Hamlet I had experienced the fraud
going on at Fidelity National Title and Lisa was onto the fraud of another title company.
I feel kinship for Lisa and would have loved if she had become Count y Clerk and think
is would be great for all of the people in Florida.
Honesty has a lot of enemy’s especially when they can be anonymous on the internet.
lms53 says:
April 7, 2014 at 9:52 AM
tom, how do we know that it wasn’t the banksters tht started this site so they could have 1 up on the consumers whose home they r tryn to steal
Reply ims53
marilyn lane says:
April 7, 2014 at 12:37 PM
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit they .have to make amends for all these people losing their homes and do the right thing it is going to get worse for them. Fining them and making settlements isn’t helping the people who lost their homes and suffered
Mike Redman and Carol Asbury were the hardworking pioneers who made
4closurefraud a wonderful source of up to date information in the early going. The banksters neither started it nor liked it. It certainly doesn’t have the oomph it once did and has become very commercial, and half my posts don’t get posted, but anyone who is making it possible to communicate and share knowledge gets my respect !
tom, juss tried to go 2 ur website and took me somewhere else. what is the website:?
is it a good modification? tom
5% fixed, lots of conditions….. payments about 20% a month more than my actual scheduled payment – it’s good if I still owe money, but if my loan was actually settled and satisfied and there IS no balance remaining, then no
tom, how do we know that it wasn’t the banksters tht started this site so they could have 1 up on the consumers whose home they r tryn to steal
ims53
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on in getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
attorneys
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit we have to make amends for all these people losing their homes and do the right thing it is going to get worse for them.
IMMEDIATELY AFTER (one and a half days) I put up the website http://www.closewellsfargo.com I got a call that a loan modification was approved for me and it would be overnighted to me…that was on Friday. SATURDAY MORNING around 10am there was a knock on the door and a FedEx delivered the modification contract to me.
tom, iwas looking for the florida bill you mentioned, but no mention of it anywhere, where can I read about it and yes Marilyn, not surprised. there is definitely something up wit 4closurefraud.com
It was introduced by Soto..just go to the Florida Senate site and enter Judiciary Committee and you will find it…SB 0126, or call his office and they’ll be glad to send it to you and tell you how you can track it . It should be easy to find…its the only bill Florida is even considering this year sadly so far, and there’s only a few more weeks in the session.
Can anyone tell me why some of my posts get posted on here and others require approval first ?
I am being blocked from resetting my password on Foreclosure Hamlet. Something going on.
Have the people that started these sites disappeared ? I get no responses from them and the same from Lynn Syzmoniac…where has everyone gone
Hamlet was down for a bit
I don’t know if you will get much of a response from Lynn Syzmoniac..she is in a bit of legal trouble herself for taking information a supposed client gave her and starting her original law suit. Read an article about it not that long ago…I will see if I still have the link.
http://www.huffingtonpost.com/richard-zombeck/lynn-szymoniak_b_4033877.html
Also read that she has started another lawsuit…sometime earlier this year
http://www.nationalmortgagenews.com/features/Banks-Mortgage-Companies-Defrauded-HUD-Veteran-Whistleblower-Says-1041017-1.html
Well this is very interesting….very interesting….and of course highly illegal
I pride myself on carefully planting the information I want people to have, so it’s not too difficult for them. HI HOMELAND SECURITY !!! They have taken over a lot of the classic entities to free them for other things…like eventually putting the banksters in prison for awhile !!!
Fortunately, I grew up in the age of communist cell groups and learned how they operate, , as well as our own intelligence agencies, , …info coming in from LOTS of sources and the sources checking on each other. I’ll be glad to tell you how this all works but it would be best to have our OWN at this point, because we are owed a ton of money if they ARE spying on us.
I’m proud to say Wells Fargo just dedicated two servers and a few people to monitor the web because of my activities, and others since I am FAR from being alone…they finally caught on they are vulnerable at this point and are getting a little paranoid.
But the last thing we want is for anyone to think WE’RE paranoid. I highly doubt they are monitoring our telephone calls and emails, but just to make sure they AREN’T, lets just check it out. We can either rest comfortably, or file a hellacious civil suit and collect some nice financial rewards from them…who’s in.
* The banksters are already figuring they are going to pay out about a half years income from all this btw..Those are THEIR own figures…I bet they’d like to know where I came up with THEIR inside information. I LOVE INFORMATION, don’t YOU ??
I guess when I put up http://www.closewellsfargo.com they figured they should pay more attention to what the people in this country and the world are doing and thinking.
The World Court COULD put the International Banking Cartel out of business. We just have to worry that both political parties don’t put up two insiders in 2016 – what is currently planned is Jeb Bush vs Hillary, and Jeb wins. They should be more careful about who they let into their meetings.
…………………….
“BANK TECHNOLOGY NEWS
by Mary Wisniewski MAR 27, 2014 3:52pm ET
…………….Wells Fargo has set up a command center to better monitor social media sites. The nation’s fourth-largest bank recently set up a war room in San Francisco — and a backup location in Charlotte — where employees sit side by side to watch eight large screens that display Tweets, Facebook posts and other social media content published about the brand. Its two command centers are staffed five days a week, 12 hours a day while the bank also deploys tools that moderate mentions of its name around the clock. “
http://www.4closurefraud.com and http://www.closewellsfargo.com are among them. Wave HI !
Does anyone know the story of Foreclosure Hamlet ??
I would be with you tom, I just don’t know with so many higher ups involved in the corruption if we alone are enough to expose the truth and it is all about the money. until we get a new govt (and then you don’t know) they are all patting each others backs. all the immigrants that came here to escape the suppression in their countries really don’t find it that different here. They despise obuma
Attack but don’t work together? hmm
The proposed law would not prohibit foreclosures, just penalize anyone using fraudulent documents.
Right now, Florida courts are making special exceptions to the rules governing due process and evidence for the banksters. They are aiding and abetting criminal conduct. In doing so, they are violating your constitutional rights. Pam Bondi has also violated the duties imposed on her, aiding the banksters that pay her to do so through campaign contributions.
David J. Stern should be facing criminal charges and standing trial…by we citizens. He is not.
I am suing the 17th Judicial District in Florida and Florida’s 4th District Court of Appeal, seeking Declaratory and injunctive relief, while I am working with legislators, journalists, and law enforcement, trying to get cases to the Grand Jury to try to remove some of the law breakers and criminally prosecute the worst offenders. Pam Bondi is one of my defendants.
I suggest everyone do the same.
Also, that everyone read
http://floridaforeclosurefraud.com/2013/09/the-mandate-from-tallahassee-ease-up-on-banks-or-crack-the-whip/
I WILL NOT BE SURPRISED IF ALL THIS WINDS UP IN THE WORLD COURT. It is possible the United States will face sanctions, and unfortunately they are deserved. The Obama administration is complicit BIG TIME. If you knew the background of Timothy Geithner and Eric Holder, you would throw up. UP TO THEIR EYEBALLS. PAID LACKEYS. They need to be removed or correct their own wrongdoing. You know who can do it ??? ALAN GREENSPAN
And let there be NO confusion…it was BILL CLINTON who allowed…and recommended…the big
banks ‘be allowed to do WHATEVER they want.’ He put ethanol in your gas and mercury in your light bulbs. He has become one of the richest men ( and having one of the richest wives ) in the U.S. cutting deals. What do you expect from a country that carries suitcases of cash into countries to buy friendships and get favors. IT’S ALL ABOUT MONEY.
……and what is WARREN BUFFETT doing hanging out with the likes of the “Wells Fargo Boys.”
He could single handedly shut this operation down himself. IF he wants to know how, he just has to call me. I could turn this … and our economy…AROUND IN A HEARTBEAT.
America has a Secret Weapon. Its the good-heartedness, motivation and determination of its people. Some of the most talented in these areas are our most recent immigrants.
STOP all foreclosures right now. People pay what they can, and if they can’t afford interest only at 2% on the balance, they put the property on the market for six months and sell it at MARKET PRICES…NO deficiencies, or deed it back.
Put the homeless in charge of cleaning up and cheery-ing all already foreclosed homes and properties.
Everyone gets 2% loans to improve their homes and businesses up to ten percent of their TAXABLE income for 2013.
New business startups pay NO taxes or fees for the first three years. NONE
<bDONE DEAL
There have been some great ideas that show with just a fraction of the $15 TRILLION the banks were allowed to benefit from taxpayer money, homeowners and our economy could have been saved and still can be. Instead, they try to be tough and bully the little guy, veterans and grandma and grandpa and want to moralize about austerity and only letting “responsible” homeowners benefit.
What you propose would be real capitalism at work but the average American is being hoodwinked into allowing socialism for the elites as we get robbed blind.
I would just add you have to go back to Reagan and the Bush/Clinton dynasties of the past 35 years that we can’t allow to keep going. Things went on steroids with the Iraq War and Foreclosure Phil Gramm and his wife sneaking in the casino of derivatives etc. I read somewhere that Wall St profited over $40 TRILLION. Don’t know if that’s right but if loans are being fabricated or re-sold over and over again it just may be true. I’m very split on the President. If it weren’t for him we wouldn’t have had the robosigning scandal come out like it did. I actually wrote the White House web site and actually got a response some movement.
It’s either there’s too much money in the system or he probably needs to hear more from us and the American people need to get their heads out of the sand. I thought there was hope he could break the Clinton/Bush mold. Maybe after the health care focus and if these war crises settle down he can get turned around.
warren buf fet is cashing in on the real estate deals now. bershire Hathaway has gone into the real estate business. he is nothing but a opportunist cashing in on other peoples losses. watch the market now. the new trend is bundling up rental securities and selling them. this crap will never stop, the rich get richer cashing in on the losses of people believing in the American drempt!!! that old fart should be ashamed
Great idea to hold politicians accountable – http://www.real-time-with-bill-maher-blog.com/index/2014/1/31/test
the modification I received was definitely fraudulent. I have been under duress ever since . I thought we had a mutual agreement back in 2010. this is what the class action is about. if I don’t get justice with that, I have plan b ready to go. I am not going down with a foreclosure on my record. Where can we read about that bill introduced tom, . that would not allow the servicers to foreclose right?? even though they are one in the same. they need to expose “fannie mae and Freddie mac”
A landmark day !!!
2,287 days after my last payment supposedly came due, I am told verbally I should receive the actual paperwork and terms tomorrow, Saturday. FUNNY HOW THIS COMES TWO DAYS AFTER I PUT UP A NEW WEBSITE… http://www.closewellsfargo.com
lms53, I am VERY aware of the tricks these institutions (ALL of them because they are in reality one and the same entity, whom I refer to as the International Banking Cartel ( I also coined the term “Redlining” back in 1968 ), and THANK YOU FOR REMINDING ALL OF US THIS PARTICULAR ONE. The Banksters use every device they can think of to get you to re-confirm and re-admit the debt AND the balance and collect interest upon interest.
Fortunately, I have been taught by some of the best – THE BANKSTERS LAWYERS – on how to recognize and use the law.
They use these ‘trial’ modifications to keep you IN foreclosure, COLLECT MORE MONEY FROM YOU WHILE KEEPING YOU IN FORECLOSURE, and for you to CREATE NEW DEBT !!! Did it with the help of their lackeys in government.
Unfortunately for them, a contract where parties do not have bargaining power is called a contract of adhesion…its unenforceable, check with your attorney. ALSO this type of mod is done UNDER DURESS. Unenforceable. What you WANT is a permanent novation of your mortgage.
I’m keeping them IN litigation, in fact I have dramatically expanded it. Yesterday I discovered that HSBC as Trustee can NOT FORECLOSE ON ANYTHING…they don’t exist. HSBC sold off their Trustee activities a long time ago to Alliance Bank. All these foreclosures should be set aside.
I want all of you to work with me to get things done. Thanks to a consumer-friendly state senator ( one of VERY few in Florida ), SB126 has been introduced, and may even become effective on July 1, 2014 if everything goes right.
The “Florida Mortgage Collection Fairness Act” will SPECIFICALLY prohibit a mortgage collection firm from offering false evidence in a residential mortgage foreclosure proceeding and provide that a violation is a Deceptive and Unfair Trade Practice, providing penalties and remedies including attorney fees and costs, etc.
It was introduced on 3/4/2014 and is in the Florida Senate Judiciary Committee.
Everyone needs to CALL AND WRITE every Committee member, and EVERY Fla Senator and State House member of Fla and demand they pass this bill and do it as an emergency measure – it will prevent false things from being introduced on PENDING cases as well.
Rollin, rollin, rollin….
Great info Tom! It seems the lesson is you can negotiate for a mod while reserving your rights. Goes back to making sure you understand what you’re signing off on and don’t ignore your titles issues etc. People that don’t have a homeowner bill of rights should be bombarding their reps no matter what party.
thats good about a modification for you tom, I hope it is a fair resolution, unlike mine. they like to add on the end and defer the back end amount and when you sign the modification, the deferred amount term changes to principal so beware. I had a small victory in court this morning. Ill take it! also hammertime, watch those computer keys because I noticed on the court order this morning that they do have my email address as contact information so if any of the attnys have your email who know if we are being monitored. everytime I am here, I have problems with my keys.
Good to hear. It seems things get screwy when I’m on Windows although yesterday didn’t seem to be the usual drag. Maybe I’ll send the webmaster on here a note. To track specific individuals has to be a violation of our rights.
This world can be made a lot better if EVERY instance of wrongdoing is documented and brought before people who can right it, and do it quickly. Courts should be places you can just walk in and say “I have a problem” and they say “Let’s see what we can do about it, and cell the other party.” That’s what mothers do when their child has a problem as a toddler…but NOOOOO as adults we have to create a WHOLE INDUSTRY, called the “JUSTICE” system that enriches the CONTROLLERS of the” Justice” system we call “lawyers” HAVOC FOR EVERYONE, and RICHES for THEM and their friends they act to launder money to – and that’s exactly what The Supremes have done…..make it even MORE OK to launder even MORE money. YIKES
I am in the process of putting together a Case Discussion Network, where we can all do phone and/or video conference calls on a ongoing basis and educate and arm ourselves and others.
I’ll give you the website over the weekend.
Regarding MY case, the wrongdoing just gets WORSE and WORSE…I had a hearing set for Monday the 7th, and it’s JUST DISAPPEARED..gone, zilch, nada. Trial still shows set for April 23rd -, however I was JUST notified that Wells Fargo has just approved my modification, so maybe the foreclosure case against me will soon be over and I can just continue suing everyone !
As for this wicked ruling by the US Supreme Court , we citizens can band together and defeat it
and save our republic by NOT VOTING for any politician, judge or whatever that raised more than one thousand dollars.
Exactly, Marilyn. Voting with your checkbook is the free market way of effecting changes in our society. I heard there was a grassroots group working on starting a non-profit media center that will provide equal access for all politicians to promote their candidacy and for all citizens to provide feedback and interact with these candidates. Then we could collectively decide to elect only those who were willing to participate in that public forum. We have the power, just need to organize. Glad to see your post.
When you talk to law enforcement, give them a usb stick with all the docs, in addition to printed copies….yes you will get an Oh, Shit look. These things do have a life of some sort, and they will work their way to a prosecutor. The world is just becoming familiar with the term wrongful foreclosure. Let’s put them all in jail!
I see where you posted a Justia review, Justic does not maintain complete truth and honesty in their analysis I see what they did with my case. No where do they mention that all this fraudulently transfering was done with void ab initio judgments/
Tom
All the documentation shows how Schlesinger and and the appellate judges except for judge Helen Freedman are in cohoots and lied.
take a look at
http://stopforeclosurefraud.com/2012/03/01/hsbc-bank-usa-n-a-v-sene-nysc-without-further-hearings-that-a-fraud-has-been-committed-upon-this-court-two-versions-of-assignment-of-note/
everyone should read this
tell me what you think and how it may help YOU
Tom
Thanks.
. This leg of my fight has been since 2008 when Judge Alice Schlesinger sided with the corrupt debt collectors Mullooly Jeffrey Rooney and Flynn and with the corrupt NY court referee Penny Stark that pulled off the original fraudclosure in 1997 by hiding my four mortgage checks and lyingly said I defaulted.
The bank Astoria Federal S & L/Fidelity NY FSB somewhere between 1997 and 2008 replaced corrupt MJRF with a lawyer Mr Arthur Walsh of O’Reilly, Marsh & Corteselli who looking
at how my two condos were fraudulently auctioned off with void ab initio judgments dated June 30 1997 to a team of organized thieves, straw buyers and Fidelity national title insuring one of the titles.
stated in front of judge Schlessinger Its indemnify indemnify indemnify
have court tomorrow and banks attnys are trying to dismiss with prejudice the defenses and counter claims my ex-attnys filed yes I did say ex attnys who milked me for a few thousand claiming that would defend foreclosure and modify me. tom, you may have heard about mores DuPont, sheisters, I got a modification thru NACA and they tried to claim credit for it so they could get another 3k out of me. wow! needless to say I would die before paying them. they did not even show up for court and have given away some of my defenses. there are mills that represent the defendants too and stay clear of these because they will suck you dry if you let them. wish me luck tomorrow, if it goes awry I have an attny on stand by. the banks attnys are still pursuing foreclosure after they have been informed that I am part of the class action chasemdlsettlement. they obviously do not care. I am winging it and fully intend to let the judge know about the class action. I have spoke to the plaintiffs attny who are representing us that were wronged with their bogus loan modifications and was told that the bank cannot even pursue foreclosure until after this settlement is finaled in May. the settlement says that we should be offered modifications and cure any delinquencies. Yet, the banks attnys have ignored this and are still pursuing foreclosure. I will be considered verbally armed and dangerous tomorrow as I refuse to let these attorneys weasel their way thru foreclosure and discredit my defenses. Wish me luck!
Even though CA and non judicial good review if you don’t have it.
“We analyzed the subject loans to determine the mortgage industry’s compliance with applicable laws. Specifically, we focused our analysis on important topics relating to six Subject Areas:
• Assignments
• Notice of Default
• Substitution of Trustee
• Notice of Trustee Sale
• Suspicious Activities Indicative of
Potential Fraud
• Conflicts Relating to MERS”
– See more at: http://stopforeclosurefraud.com/2012/02/15/aequitas-report-foreclosure-in-california-a-crisis-of-compliance/#sthash.UQbmi4C6.dpuf
Just experienced the missing keys curse hmmm
Interesting case I’ve reviewed before with great citations. Looks like they survived the dismissal stage but lost the summary judgment. May seem obvious but comes down to your argument and the PROOF. That’s why you gotta do your homework even with lawyer, audits etc.
From first round victory to not be dismissed
p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.
Review, final judgment here – http://docs.justia.com/cases/federal/district-courts/california/candce/3:2012cv00572/250929/76
Here’s an extra weapon for your arsenal’s. I think what is occurring with me is the case with everybody. First the background…
… The “PLAINTIFF” in my case is alleged to be Deutsche Bank National Trust Company. I did a little research and tried to find this “Trust Company” and could not. I even went as far as to speak with the “legitimate” Deutsche Bank to find out if there were any connections between the two and there were not.
Here in Florida pro se litigants have the right to speak directly with their accuser and bypass their accuser’s attorney’s. Therefore I called the lie-firm that is alleging to have been delegated authority to represent the alleged interest of DBNTC in my case and I spoke with their liar and asked her for the contact information to the registered-agent of their alleged client. The liar freaked-out. She began to stutter and in the end belligerently refused to provide the contact info to their alleged client.
My wife and myself wrote affidavits witnessing what we experienced in this call with our alleged accuser’s representing counsel and via-email we contacted the “Secretary Of States” of Texas, California, New York, and Florida and asked them if there was a DBNTC registered somewhere in their State that we couldn’t locate to which all of them replied, “no.”
So then I made copy’s of these e-mails with the Sec. of States saying there’s no DBNTC registered in their State and I filed those e-mails along with my wife’s and I’s affidavit’s and a “MOTION TO PRODUCE.” Produce the contact info to opposing counsel’s alleged client.
I put on the record that the “PLAINTIFF” in my Instant Case is a construct of the lie-firm in a scheme or artifice to defraud. ————————–
So that was that. In a crazy over an hour war in the court room, this motion of mine was struck. But regardless, “the evidence controls the case,” and the evidence in my case shows that the Plaintiff does not exist. There is absolutely nothing filed in my case by opposing counsel rebutting this claim of mine.
So I am currently in the appellate court over this ruling. I’ll let you know how it turns out but my point of all this is that I am willing to bet that the PLAINTIFF in all these fraudclosure cases is not who is styled in the caption. All these banks and trust-company’s are required by law to have a registered-agent. Get the contact info for your PLAINTIFF’s registered-agent. If you can’t, then your PLAINTIFF is not your PLAINTIFF and there is fraud upon the court brought upon by the opposing counsel. No PLAINTIFF no case.
yes hammertime we have to keep our faith and moral compass, because whatever situation we find out selves in, the outcome will only strengthen us, but that doesn’t mean we have to give up our fight for what is right and we know that truth will win, we just don’t know when.
The leap of faith is to fight the good fight and we’ve already won. But we have to have our feet on the ground and take action.
Tom
Where are they looking at the dirty judges If in New York I suggest David B Saxe of the 1st appellate division and go back to judge Alice Schlesinger illegal ruling for a Void Ab initio judgment. prohibited by the Supremacy clause of our US Constitution.
Please provide any and all information you have to:
Your local law enforcement agency;
Your County Attorney (although that’s supposed to be done by your local LEA but isnt always):
Your State AG;
DOJ;
Federal Reserve;
OCC;
FDIC;
CFPB;
Interpol;
and GO to your local FBI office and meet with them and hand deliver what you have to them.
THEN
your local newsapapers.
your local radio stations.
Call in to talk shows.
But MOST importantly, arrange a face to face with
your State representatives
your U.S. Congressperson
both of your U.S. Senators
don’t expect to actually MEET with them, but get as high a ranking staff member as you can in Constituent Services.. Take them what you have but before write a confirming letter and put all your information in it as well. ASK FOR THEM TO INITIATE AN INVESTIGATION and to REPORT BACK TO YOU N A REGULAR BASIS.
Now you might ask..whats the point.
The point is if you DON’T do these things, you’re not a good Citizen. AND you’re helping to perpetuate the problem and allow it to go on and likely get WORSE.
On a practical basis, you’ve done all you can do to the wrongdoers and they have no reason to come after you – knowing what will happen to them if they do.
Realistically, don’t exepct anything…right away.
Here’s what you’ve done. PUT IT IN THE SYSTEM. Eyes will be directed in the right places by SOMEONE ( or more ).
Don’t think you’ll be welcomed. You won’t. No one wanst to have more work piled on them, even if they are bhonest. But some of these might be DIS-honest. You’ll be on every list you can possibly get put on. That’s not bad ! ALL THE INFORMATION YOU HAVE PROVIDED GOES INTO A NUMBER OF DATABASES. You have no idea what they ALREADY have. But the FIRST thing that will happen is the person and entities you give the information will find out immediately. I believe the response you can expect internally quietly will be “OH SHIT”. There may be just a hint of sweat.
These evildoers as George W put it, were planning on getting away with it until someone told them they couldn’t. Happened with Madoff. Happened with Rothstein. Happened with many others who thought they would never get found out, or if they did they could live with being incarcertated in a comfy fed prison/resort, and wealthy beyond their dreams when they get out. That will probably happen. If you want to get sick to your stomach, look up all those who have been convicted before, how little time they spent, and how comfy they are NOW.
What you want is to change the system to the good. Life is change and evolution…look at the HUGE changes in our financial system just since 1850 !! Just since 1928. Just since 1960.
Just sine 2007.
Then think of Alan Greespan and his beauty young wife and rose petals…and his famous last words….“IT WILL HAPPEN AGAIN”
That’s because it’s all planned.
You can’t do anything, but just a small bunch of us can divert the otherwise inevitable.
The truth is, everything is out of control…things being “OK” is really only an illusion. Look at what a few seconds in Dallas did to change the course of history. A few hours did on 9/11.
There are nukes pointed at us in North Korea, and soon from South America ( I hope you know Russia is busy building military bases in a half dozen South America countries .)
And nukes from China and Russia, too.
Be prepared to use something OTHER than the dollar if we implode all the way…thatsb why Obama build aso many HUGE incarceration/”relocation” camps. That’s why so many bullets are in the hands of “Homeland Security” (OUR SECRET TAKE OVER POLICE).
I’m AN OPTIMIST AND I ENJOY EVERYTHING..especially CHALLENGES.
But mostly, value those who share your ideals and goals..because someday we WILL inherit the world…from the bankers who own it now. There are good people in all the above I have listed, you better believe it, but there are plants, too.
EVERY wrong should be DOCUMENTED and shared.
You might find this new website interesting…. http://www.closewellsfargo.com
hammertime, servicer is another facade. the idea is to shift the liability. Its like the game “twister”. that way they do not know where to pin the liability. they knew very well how to manipulate the system so that no one particular entity could be blamed. besides if one of a banks service is to be a lender, why wouldn’t they be set up to service it as well. How can the same bank be a lender and not service what they lend. Apparently these banks never did their due diligence as a lender because they knew they were going to sell them as quickly as possible. it was a big con as we all are aware. I don’t see how they can be a servicer and a lender in the same entity period. Believe me, don’t try to make sense of any of it, because it is all bullshit and they got away with it and continue to do so. we are slaves to these satanic lenders/servicers and until we get free, however and whatever that takes we are going to be continuously tortured by them
You said a mouthful! Funny you mention satanic and I was taken to the League of Angels link. Some temptation there! Actually my faith has saved me from being tortured. It took a while and not merely as Christian/Catholic but Garfield talks about the loss of our moral compass as a nation on this issue. There have been some really good sites I’ve come across that have a spiritual side to them. In the Bible Ephesians 6 and Psalms 37 and 119 have been inspirational. We can figure it out if we have conviction and believe in our core values individually and as a nation. With faith anything’s possible no matter our individual outcome. We can’t judge each other but we can try to do our best to bring out the truth and justice. I see it more as the emperor’s wear no clothes and it’s the evil of the few that has everyone with their heads in the sand. With faith and doing the right thing it can turn around and believe it has to some extent even if at times it’s like torture. Keep the faith!
Case re damages for QWR/RESPA
http://www.ca6.uscourts.gov/opinions.pdf/13a0332p-06.pdf
From last year though. Changes made to law in effect 01/14.
i am so with you guys.
guys, the best defense is to pay. as we all know, if you don’t pay you don’t stay and that is what the courts hate more than anything is a non payer. we all know the paper work is bogus and the banks lawyers are liars, but these low level judges hands are tied. As someone on this website told me, the day that we defaulted and believed that the govt plan would help us out was our mistake and now we have to deal with it and the banks are trying to clean up their mess however they can. the Obama program was bogus from the start, but so many people got screwed that at some point, it should be made right. we here on this website don’t know each other s situation, but when you try and try to do the right thing and nobody cares and they just stick it to you harder and harder, believe me I understand what we all are feeling and going through and every one here is working so diligently to make it right. I just hope that we are all wanting the same outcome and that is to pay a fair/reasonable amount and live our lives out in our homes that we are all fighting so desperately for. get yourselves a crooked lawyer as the banks have . these guys/gals enjoy a good fight and as tom says keep a close eye on them and don’t give up your rights and pray the outcome will be in your favor. thieves never win and as the saying goes, every dog gets their day and believe me they will. I truly believe it and you should too. this website is a good vent and knowledge, but really where do we go from here. it is every man/woman for them self and their situation and a never ending court battle needs to end with some type of negotiation with the court so we all can get on with our lives. I don’t know what everyone else is expecting here, but I just want them to let me stay in my home and pay them a manageable payment like the one they gave me with the modification they reneged on back in 2010 and I am counting on the chasemdlsettlement.com to make that happen..
HAPPY BIRTHDAY TO MEEEEEEEEEEEEEEEEEEEE !!!
It has been 2222 days since my last payment was due which I paid. On instructions from Wells Fargo I stopped paying until they provided me the paperwork to continue my payments under a fixed rather than adjustable rate – which they still haven’t except for ONCE when they gave me ONE AND A HALF DAYS TO ACCEPT new terms that included a huge bunch of additional fees their attorney (big corporate guy, too) admitted they had NO idea where they came up with those inflated numbers, WHICH I OF COURSE DID not AGREE TO ( sort of like a mugger asking for a specific amount of money from you rather than for ALL your money, so they have the defense that there was a verbal agreement of the EXACT amount of the gift you made to them and it was a voluntary “transfer” – [assuming the mugger has the same attorneys as Wells Fargo])
Which brings us to my original lender, whom I have accord with and who seeks no further monies from me in return for my not suing them, which leaves us with WELLS holding me in foreclosure wrongfully for SIX YEARS tomorrow.
I don’t know whether to put SIX candles on my cake, 2,222 or 2,228.. what do you think..
Now, Wells has broken a number of collection laws (no surprise THERE !)… at $200 a day for 2,222 days of holding me wrongfully in foreclosure, that’s $444,400 I claim they owe ME !!! Not bad considering my loan balance was about $85,000 before all this began. That’s 2,222 days from when my loan was supposed to have a zero balance.
I AM ACCEPTING APPLICATIONS FOR JURY MEMBERS … anyone care to apply ?
We must be under the same sign!
My be a repeat but excerpts from Chase consent judgement https://d9klfgibkcquc.cloudfront.net/Consent_Judgment_Chase-4-11-12.pdf
p 93
I. FORECLOSURE AND BANKRUPTCY INFORMATION AND DOCUMENTATION.
Unless otherwise specified, these provisions shall apply to bankruptcy and
foreclosures in all jurisdictions regardless of whether the jurisdiction has a
judicial, non-judicial or quasi-judicial process for foreclosures and regardless of
whether a statement is submitted during the foreclosure or bankruptcy process in
the form of an affidavit, sworn statement or declarations under penalty of perjury
(to the extent stated to be based on personal knowledge) (“Declaration”).
A. Standards for Documents Used in Foreclosure and Bankruptcy
Proceedings.
P 100
C. Documentation of Note, Holder Status and Chain of Assignment.
1. Servicer shall implement processes to ensure that Servicer or the
foreclosing entity has a documented enforceable interest in the
promissory note and mortgage (or deed of trust) under applicable
state law, or is otherwise a proper party to the foreclosure action.
Hammertime, are we being monitored? it is so weird when you start to type and the letters are not there. I thought at first my keyboard needed a battery. also, re: the comment you made to tricia. my lawsuit is reading Jp morgan chase as the plaintiff which leads me to believe further that they are the note holder as well as servicer. met with an attorney today and showed them the class action. lawyer says we have a good chance that they will be forced to cure any/all delinquencies for giving us fraudulent modifications. Said there were big incentives for them to modify so they apparently did it long enough to get the incentive and then reneg.
Anything’s possible just like what we need to do on each of our cases we would need to go through a real troubleshooting. I get the feeling it could be the ads on the site combined with your own system and internet connection. I don’t have characters disappearing but I’ve lost posts esp if system was slow as with anti virus updating. Then again it could be the NSA! lol! I would look at how the whole note holder/servicer role applies in FL. But really look at when JPM came into the picture as JPM vs Chase Bank, or Chase Home Finance etc. So Holder of the Note can mean a couple of different things as can servicer so that needs to be nailed down as well as how the claims changed specific to your loan. Down to the basics don’t quote me is you can be a holder as an agent or as the beneficiary which I think is the key. That’s where things can unravel IMO. In my case similar to yours they said the investor would not allow the loan to be changed then they claimed they were the investor although they were the original lender as well? They will always say it’s allowed but why would you buy such a bad loan from yourself and still not change it? And if you call yourself an investor doesn’t that mean you must have paid something? I think those are the basic type questions that can be asked when people talk about following the money. But again no big theories and no big attacks. Again not advice just “thinking out loud”.
thanks hammerime, will keep everyone posted.
ok hang in there. I’ve started to type my responses on word processor then copying over when the site acts up!
The laws are being violated and it just DOESN’T MATTER!!!! Please do yourself a favor and stop paying Attorney’s…you’re just paying their mortgage! The Courts are turning a “BLIND EYE” and are actually facilitate the banks!! Truth, research and laws are a thing of the past…sue the bank yourself!
Just got news the judge denied my motion set aside the default the judge ruled that the consent order striking the answer was valid and there was no legal basis to set it aside .Make along story short i paid a lawyer 3000 dollars down 1000 a month to to fight the foreclosure he called my wife told her that they would not foreclose for 6 month i was working out of town he never explained to her that he was signing a consent order basically letting them default on us i fired him because i did not like him and figured i could hire another lawyer and get more informed about foreclosure and the next 6 months would give me time to get my ducks in row to fight them we did not know that he gave up our right to have our day in court , I got letter of default i disputed it sent them a letter they told me my letter was untimely and by consent order the time for discovery had ended i did not know what that mean ti sent them some more letters did not respond then i got a letter for motion of entry for final judgement had 10 days to respond hired another lawyer short notice we filed answer and this is the news i got today .I Want to fight i know they don’t own my loan legal argument my loan was recorded in 2005 by fremont in 2008 they went bankrupt CMS sent me letters saying they were my new service . Count one of fraud never recorded any assignments at the county clerks office there no nexus from fremont to cms if someone has an interest in a piece of property they MUST recorded this interest on public record the law is very specific to real property 2 How could a company that went bankrupt in 2008 give mer authority to assign anything only the BK trustee could due that my trust closed in 2005 how could mers assign mortgage from a trust that closed years ago the promissory note must be reflected at the county records office and not with mers the bank must show perfection of the chain of title must be by endorsement with out recourse that was not done the assignment to foreclose on me was robo signed by tom croft they dated 2015 really in nj you have to have a affiliated signed saying the lawyer who is performing the foreclosure has talked to somone from your morgage company and they have review all the documents and that has to be signed by notary in order to foreclose that was forged she rubber stamped her name why would you go to notary and stamp your name i talked to notary in California she told me that is illegal you have to sign your name so know i have to appeal and try to get a new trial because of my lack of intelligence i did not understand was being done my due right were violated everyone should have there day in court i am so mad there no assignment to CMS the trust never named anyone that’s is names in the lawsuit before it closed they forged the assignment and recorded years after the originator went out business they have no standing have brought no paper to show they have standing to bring this foreclosure none only forged robo signed assignment how about rule 17 an action has to be taken in the real party of interest all i know now is that i am going to see that first lawyer tomorrow and theirs going to be problem he screwed me no Vaseline
You understand that if your lawyer enters an agreement to permit the foreclosure but to wait six months to give you time to move, that’s pretty much a done deal, case over, don’t you agree ? Theres nothing to appeal, is there ? You might have a lawsuit against the attorney, but what are your lossess..he got you six months worth of free rent, you didn’t lose anything.
You need ANOTHER attorney…Q U I C K
Courts give us waaaaaaaaaaaaaaaayyyy too little time for everything.
If the plaintiff was the wrong party, why didn’t you plead that and do discovery to prove who the REAL party in interest was and negotiate with THEM and get the foreclosure dismissed
Everyone should be aware WE ARE NOT GIVEN ENOUGH TIME, and WE NEED TO PUT EVERYTHING ON THE RECORD IN WRITING WITH THE COURT and we MUST do aggressive and thorough discovery..
Appeals court are limited to what paperwork is IN THE TRIAL COURTS file, and can only act if there was a clear error that the WRONG RESULT (judgment) WAS ENTERED and then get the case reopened and sent back for more trial work in most cases.
ASK ATTORNEYS QUESTIONS AND STAY IN CLOSE CONTACT WITH THEM !!!!!!!
Know what your options and plan of action is, every step of the way.. Don’t expect attorneys to stay on top of your case…many,many,many don’t..unless you MAKE THEM. Have a great and close working relationship with them – GOOD attorneys will appreciate that ….and BAD attorneys will let you know you’re bothering theM and will avoid you.
Yes Virginia, there ARE bad attorneys…and BAD JUDGES. They are EASY to stop..they do not follow the law AND LIMIT WHAT YOU CAN DO…. AND RULE AGAINST YOU
tom this is what i 481 nj super 323 (CH DIV 2010) TRUST v MICHAEL RAFTOGIANIS plaintiffs fraudulent ASSIGNMENT of mortgage filed in the state of NEWJERSEY must fully comply with rule 461-1 (B) (10) and recital of all assignments in the chain of title the complaint in this case mention one assignment in the chain of title the assignment from cms to cms. The psa date 2005 oct 31 sec form 10-K the form clearly indentifies STANWICH ASSET COMPANY LLC as the indenture trustee public offering UNDER THE PSA STANWICH is not mentioned in the complaint under the chain of title nor is ant information about the psa available to the defendant under mers as nominee dose not have any real interest in the debt PLANTIFFS failure to comply with R 461-1 (B)(10) IS NOT a minor procedural error its absoute condition precedent to filing of complaint attempt to fill in CHAIN OF TITLEin this case is voidab initio STANWICH ACCERTANCE COMPANY absolutely held the defendants mortgage PLAINTIFFS complaint is silent to any transfer in the chain of title pressler verniero current nj rule comment I ON R -1in the case bank of AMERICA vs LIMATO A-4880-10T3 APPELLATE DIVISION UPHELD THE DISMISSAL OF FORECLOSE COMPLAINT WITH OUT PREJUDICE WERE THE CHAIN OF TITLE WAS SUSPECT RELYING CASE LAW RAFTOGIANIS PLANTIFF HAS NOT ESTABLISHED ANY EQUITABLE RELIEF FROM THE COURT
I suggest you get a half hour consultation with three different Appellate attorneys with a track record of winning appeals in title and mortgages if not foreclosures and see what you might accomplish with their help, and let us know…we are sitting on pins and needles, and they are starting to hurt !!!
Have you had the Consumer Financial Protection Bureau do a formal investigation, I understand they are investigating some dirty judges, too.
hi cool, please see http://www.chasemdlsettlement.com next month it will be final exposes all their fraud, but of course they never admit to any wrongdoing but they are supposed to give homeowners a chance at modification and cure delinquencies. good luck.
hammertime, both fannie and chase are claiming ownership, definitely something is not right. chase has jerked me around so long on a modification that they probably do not want to admit to owning the loan because they always tried to say the investor needed to review the modification after I sent in paperwork so many times I lost count and they would claim the investor had to review. It was all bullsh**. I knew it. Chase has always been the owner and there is no proof otherwise and now that I am part of this class action against chase, there is more evidence of how they screwed their customers out of modifications, pure fraud. my strategy is not all of their fraudulent paperwork, but I have always tried to pay them and still trying and all they do is ignore me. they know they are wrong and with this class action still pending are going to continue to give me the silent treatment until they see the outcome and that’s when I will attack them.
Please send info about Chase class action. Chase faxed me proof that they sold my mortgage into an MBS. Fannie just foreclosed. My mortgage docs include a robo-signed assignment that was notarized b one of the F/C mill attorneys who’s notary stamp has been revoked. I go to Magistrate Court (GA) Thursday to “mediate” followed by a bench trial – and my case is ALSO on the docket in GA Appeals court in June. Thanks in advance!
That’s a good strategy we can all incorporate through settlements, homeowner bill of rights type of tools. Keep your eye on the ball and don’t let them try what they did to Sorrentino up there. Don’t give up any rights and I’ve been against modifications in general unless you know you have clean title. Good article on Garfield today talks about what you need to consider if you do mod. Has to work financially and you need to record the settlement to ensure clean title. Quiet title is something we should all be looking at as well without falling into the free and clear trap. We can make our own offer once/if they show up to prove standing to pay what we rightfully owe to the party that can rightfully claim the debt on fair terms and considering damages from their delays and games if not outright fraud from what I’m seeing. Hopefully I can review the documents from your class action.
Be part of the solution to all this…we all need to work together personally and co-ordinate our efforts…..there is strength in numbers, weakness in going it alone, especially being less than a fully skilled, connected, and experienced trial attorney, as you have all found out.
When original lenders, buyers of loans, servicers, MERS, attorneys, Trusts, Trustees, investors, holders, judges, and government agencies, legislators, their staff and others do wrong… IT NEEDS TO BE PROPERLY DOCUMENTED and PRESENTED TO THE RIGHT PEOPLE in THE RIGHT WAY.
You are getting blown off because they know you won’t know what to do about it. The truth is you have a CONSTITUTIONAL RIGHT TO REDRESS OF GRIEVANCES. Manifest injustices are not allowed in this country, so DON’T ALLOW THEM !
THAT INCLUDES HAVING YOUR LEGISLATORS INTRODUCE AND PASS NECESSARY LEGISLATION.
Each elected official has the duty to have a Constituent Services operation…you should each be working with your legislators and keeping THEM abreast of EVERYTHING…they have more contacts and power than you do.. ASK FOR THEIR HELP. If ENOUGH of us are in contact, AND we utilize the media and build grass roots, things WILL begin to change.
and please feel free to call or email ME… Tom Heinrich 954 781-9300 reachth@yahoo.com
tom, when I first started getting jerked around by chase, I contacted several of our local CONSTITUENTS, aLLAN WEST AND WHOEVER OUR DISTRICT ONE WAS AT THE TIME AND All I got were meaningless letters. allan west was the most informative and I am not bragging with him either. Bondi needs to step up. this website is being monitored because my typing is so delayed and I get so frustrated that I have to quit. I am getting a new lawyer because this is so time consuming and I have to work and hopefully I have found aN ATTORNEY THATT WILL NOT TAKE ME FOR A RIDE.
THIS WEBSITE IS BUGGED, NO SHIT ITS THE ONLY WEBSITE THAT MY TYPING GETS DELAYED AND SCREWED UP. I HAVE TO TYPE LETTERS OVER SEVERAL TIMES BEFORE THEY EVEN SHOW UP IN MY MESSAGE. IF YOU ARE COMMENTING ON THIS BLOG, CHANCES ARE YOU ARE BEING MONITORED AND IN MY CASE IT IS CHASES LAWYERS, THUGS LIKE THE BANKSTERS
everyone should read McCollough v Johnson, you can find it here http://scholar.google.com/scholar_case?case=16771198243543575615&q=mccollough+v+johnson+9th&hl=en&as_sdt=40006
..everyone should do extensive discovery and complie extensive documentation….discussing your situation will not convince a JUDGE that you are right !!/….
subpoena subpoena subpoena
depose depose depose
there is no mers anywhere on the mortgage and I had 2attnys tell me it was JPMorgan the original lender. would they not had to record an assignment if it was sold/xferred to fannie mae and if not a Mers thanks
@lms53 – the language is most probably on the promissory note; not so much on the mortgage. Assignments are only required (Florida) when there is a change of OWNERSHIP of the note and mortgage. It is NOT required when servicing is sold/transferred. Again, Fannie Mae is NOT a lender nor are they a servicer. They are simply an investor- GSE’s (government sponsored enterprise). That’s the reason why the gov’t had to take over; bad investments on shoddy mortgage programs. Did you check to verify if your loan was listed as owned by Fannie Mae on their website? Lenders will underwrite or approve mortgages according to Fannie Mae guidelines so that they are able to sell and keep turning the same funds over and over again. Chase has been known to record assignments well after the fact and especially if a foreclosure is looming overhead. Recording assignments can be costly when you’re bundling packages of mortgage loans and the reason for implementing MERS. I have always said that MERS is illegal in what it is doing b/c on a lot of notes it stipulates that MERS is the ‘lender’ and that can never be! Lenders don’t record anything with MERS. It is just a ‘holding tank’ for loans that were sold on the secondary market and a record-keeping data base of those sales. That’s the reason why so many of the recorder’s offices are suing them for fees!
It would be nice to see someone recover some of these recording fees but I’m predicting out of court settlements for peanuts and no real idea of how many assignments were not properly recorded and paid.
I would check MERS anyway. My loan had MERS records active for 2 years after closing! And it was NOT a MERS loan! You seem to have been at this a while as well. I would disagree w/ Bobbi if she is only emphasizing bad investments – it was out and out fraud or negligence of MERS and the banks. You should have done a review of your docs and matched up the assignments and even payment history to see where the discrepancies are. Since Chase was part of the mortgage settlements it seems you have grounds for showing whether they were valid lender/servicer. But again they can “fix” any document problems but can’t fix fraud if they claim to have invested anything etc. or there may be a cloud on title where more than one lender/investor can make a claim.
thanks used car guy I did not have Mers though, that’s why I ask, when I refied with chase, they never made an assignment which leads me to believe that chase has always held my note and also serviced it, but they say fannie mae owns my property, some more bs from the bank I suspect
@ lms53 – Chase may have sold your mortgage to Fannie Mae (underwritten your mortgage under their guidelines) but Fannie Mae is NOT a lender, They are only an investor vehicle. They would have paid Chase the amount of your mortgage and Chase retains the servicing. That is not unusual. Your mortgage would have become a Fannie Mae backed loan i.e. if you default they have no skin in the game; no reason to help you; no reason to care if you are thrown out of your home. If a foreclosure is successful, then Fannie Mae actually then takes title & markets the home for sale. They have their own website and their own mortgage program (Fannie Mae Homepath) to re-sell these very properties. Look at the bottom right-hand corner of your note and/or mortgage. It will specify Fannie Mae document and more than likely the name MERS is somewhere within the first page of either or both documents. Don’t be fooled. MERS is involved in 60% of the total mortgages in the U.S.And if you are in the state of Florida, assignments ARE required when there is a transfer of the note and mortgage. Go to both the Fannie Mae lookup site and the MERS look up site as well and check to see if your mortgage is there.
After Chase supposedly bought WAMU loans, they neglected to file an assignment of mortgage for 4 years. It was only after we were behind on the mortgage that they actually filed one.
That’s a good way to put it, “supposedly”. Was yours actually a WaMu originated loan or serviced by WaMu? If you had any other payoffs anything is possible and Chase may be claiming anything WaMu as part of the ’08 “purchase”. So the assignment shouldn’t be the only focus as everyone seems to be doing.
hammertime, yes we know for a fact it was a WAMU originated loan. We walked into a WAMU here and took a loan out. As for what WAMU did with that loan after we have no idea. Everything I have read seems to indicate that Chase only received the servicing rights to the loans and not that they actually purchased them.
Tricia, I would take a good look at your Note etc and see how WaMu is identified. Here’s a description of Chase Bank USA: “Chase Bank USA, N.A. (Chase USA or the Bank) is an $87 billion intrastate bank with $9.8 billion in net Tier 1 capital. The Bank is headquartered in Newark, DE. The Bank DOES NOT operate ANY branch locations accessible to the public. The main banking facility is only available to Bank employees. The Bank also operates a branch in the CAYMAN ISLANDS. The Bank is a wholly owned indirect subsidiary of JPMorgan Chase and Company (JPMCC)” (caps added)
Doesn’t sound like the “Chase” we all see on the TV! With the mess of MERS and lost documents etc really take a second look and review dates etc. Quote comes from an OCC report. I’ve had to insist on finding out what exactly is “Chase” and we see the same thing w/ Bank of America as BAC, and other shell names all claiming to be BofA. The woman in charge of WaMu “sale” at OCC was booted out and is now in a cozy Wall St firm, I recall. Late 2008 seems to be a key period. You’ll have to see if all these fines, settlements gave them an out on that assignment or possibly review if a different investor/trust is involved. If there’s no clean link from WaMu to Chase then I don’t think the assignment is your main issue, again not legal advice just from what I’ve been reading out there. What state are you in?
Hammertime, we are in Washington State. There are actually a couple of lawsuits here which are challenging the Deed of Trust Act, they are saying it might be unconstitutional, because no due process is given. Non-judicial foreclosure states seem to be a different animal.
Yes, they are. Same in CA where I’m at. The Homeowner Bill of Rights was put in to fill the gaps. Also the Consumer Financial Protection Bureau along with National Mortgage Settlement Chase signed can help fill in the gaps. The propaganda is that they’ve paid and it’s a done deal but complaints can still be made. That’s still a focus on the right to foreclose and you may want to step back and see where the fraud may be. That’s another beast we’re starting to touch on where we can make complaints on the civil? and/or criminal side which the national settlement didn’t do away with. I’m surprised there isn’t a HBOR in place there, pretty sure OR may have taken strong action about a year ago.
@ Tricia Have you reviewed your property records and done qualified written request? and even check your credit report for signs of activity and MERS while you’re at it.
Hammertime, as far as we can tell MERS was never in the picture. Yes, we have checked the county records the only recorded deed of trust was WAMU in 2005/2006. Then Chase in 2012, which filed a corporate assignment of deed of trust. The person who signed as attorney in fact for the FDIC and VP of Chase is actually a Chase employee. I have checked with the parish it was signed in there is no record of the person having a power of attorney in order to sign for the FDIC. Yes, we have made a qualified written request as well, Chase nor the Trustee will provide any proof that they actually own the loan etc. The trustee went as far to say they didn’t have to provide any proof beyond the fact that Chase purchased WAMU.
That’s very interesting. I’m looking over the consent judgment myself for my own case. Have you checked the MERS site? Basically leave no stones unturned just in case. That’s where the fraud may lie, it may have been assigned and never recorded. I would look over your docs at closing for any unrecorded assignments. I did not realize this until I reviewed them again years later. You may have a couple of red flags as it is. But if there is any other entity involved you can possibly make claim for broken chain of title or lack of authority/standing. The other question would be when did Chase take over. Did they claim to be the servicer before the sale of WaMu? So there’s that ’06/’08 gap you need to fill in if Chase or anyone else was involved during that time. The good news is that it looks like you can make a complaint that they are not complying with the settlement. QWR rules have changed but they can’t claim they don’t need to answer as they tried with me recently. The Atty in Fact is also a red flag. The San Francisco Recorder did a great report on how these signatures can cast doubt on proper authority since the actual benficiary? Should be signing. Agencies, politicians are just looking at the highlights of the settlements but our cases can help bring a focus. I believe “competent and reliable evidence” is being overlooked. I’ll post other parts as new comment.
From p 93 “Before a loan is referred to non-judicial foreclosure, Servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information.”
The other thing I forgot was have you made a QWR request since the settlement? In CA if there’s a pattern of violations there are possible damages. I also got more info than before.
Hammertime, no we haven’t made another Qualified Written Request since the settlement. To be honest I am not sure if I did it correctly the first time. Is there somewhere to find a good format to put a QWR in? I was reading some more of what you posted about the servicer needing to make sure if the borrower has defaulted and they have a right to foreclose. Actually in the state of Washington according to the deed of trust act, I do believe it has to be the owner of the note/loan which can initiate foreclosure, they cannot be just the servicer.
The Consent Judgment states Servicer or Note Holder. Another part talks about valid transaction possibly referring to assignment. I’m working on a complaint now to the CA monitor. It seems it all falls under having to be supported by reliable evidence, which is big change from previous non-judicial process it seems. It seems to go from national settlement down to state law. QWR law changed in Jan I recall. They seem to be frowning on template type of complaints. They don’t want it to be overly broad though it could depend on the case. If WA law states that holder must be owner could be basis for asking for proof of transaction! Per Consent Judgment they’re supposed to send a statement “setting forth facts” before foreclosure action it looks like. It seems like it could be very basic from following: http://www.law.cornell.edu/uscode/text/12/2605
There’s another section that gets into more details.
“(B) Qualified written request
For purposes of this subsection, a qualified written request shall be a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, that—
(i) includes, or otherwise enables the servicer to identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.“
Chase tried to make format an issue with sections of code that instruct to identify if notice of error or request for information. HUD might be a good place to check but haven’t come across anything yet. You should probably check out the WA Attorney General site and see what they recommend. Here’s the MERS lookup if you don’t have it, pop in your address and see what happens. https://www.mers-servicerid.org/sis/index.jsp
Would be good to see how it all fits together depending on your timing for sale etc; need to go back and check, too much info right now!
Other quick side note. The term servicer is another source of manipulation as it could mean different things. Somehow the banks twisted it to mean more than just a payment servicer which seems to be how the settlement people are treating it which I think was either a big mistake or more deception.
Interesting comment from case I reviewed before – “p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the
plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.”
Could give insight on the WaMu/Chase transition and it’s being treated.
Only half the battle though which is why QWR’s etc are important since it was dismissed for lack of proof it looks like as to what they were claiming. Can get final judgement here: http://docs.justia.com/cases/federal/district-courts/california/candce/3:2012cv00572/250929/76
some states do not require recording of mortgage assignments. That was the whole point of MERS. Obfuscation.
that assignment should have been done years ago, within 90 days of the trust close date. MA has already decided that.
shouldnt there be a recorded assignment each time a mortgage note is sold/transferred?
CALIFORNIA JERRY BROWN BEING SUED FOR DIVERTING HOMEOWNERS SETTLEMENT FRAUD TO FIX ALL ROADS AND BRIDGES INSTEAD ? A MUST READ THAT ALL 50 STATES CAN BE SUED FOR THIS CONTINUED FRAUD ON HOMEOWNERS
http://legalpronews.findlaw.com/article/4c55bf52b8385f6359b38f9c4d3f821f?q=lawyer%20OR%20legal%20OR%20attorney#.UzbmFdhOUWphttp://legalpronews.findlaw.com/article/4c55bf52b8385f6359b38f9c4d3f821f?q=lawyer%20OR%20legal%20OR%20attorney#.UzbmFdhOUWp
Guarantee this gets settled and for LESS then what was diverted with no ramifications.
I am doing just that in case CACE08-018999 Broward County Circuit Court on Monday…along with suing the justices of Florida’s 4th District Court of Appeal for stepping beyond their authority in aiding and abetting obstruction of justice by stopping our Attorney General from investigating and prosecuting David J. Stern…who it took YEARS to get disbarred, which was an OUTRAGE.
Our courts are the laughing stock of the nation right now and IT NEEDS TO CHANGE.
Stern has already been sued by me and ostensibly I will be entering a default against him April 23rd.
I AM LOOKING FOR VOLUNTEER RESEARCHERS and people who want to attend sharing groups in South Florida…please contact me !
Should be reviewed but for a way where we can take action for ourselves. This is about getting money for “education” primarily that the groups will benefit from like the whistleblowers getting their millions. One of these “legal” groups I met with last week repeated verbatim what the “lender” said in their bs “response”. We have to find a way to make the banks and the government tell us where all the money’s going and why we’re being PRE-judged unable to benefit while our treasury and tax dollars continue to get raided. The grand jury approach could be the way on legal side but we need another prong on government/representation side. I contacted Barofsky who’s representing the plaintiffs and their firm blew me off for pro bono. Seems like he tried but these cases seem to be plums for the legal firms.
After the Florida Appeal Court I filed 2 years ago, they denied my appeal and offered NO OPINION resulting in my being denied the Supreme Courts review. I then sent a 230 page explanation with all the evidence for forgery, fraud and below is what the AG’s office sent in their response? Unbelievable, really!
Hello Ms. Del Francia-Goodwin:
Thank you for following up with the Florida Attorney General’s Office regarding your concerns about the foreclosure of your Florida property.
I am sorry to hear that you have been unable to resolve your mortgage concern. As Bank of America appears to be the investor in this property, I am forwarding your complaint to Bank of America for review and response. You may follow up with Bank of America at the website or telephone number below:
BANK OF AMERICA: 877-488-7814
ONLINE: http://homeloanhelp.bankofamerica.com/en/index.html
I note we previously forwarded your concerns to the Florida Office of Financial Regulation and the Consumer Financial Protection Bureau. Please follow up with those authorities regarding your complaints against the banks and mortgage servicers involved in your case. I can also confirm that the resources we previously suggested are appropriate, and I encourage you to follow up with the agencies referenced in our previous reply dated 11/14/2013 (included below).
With regard to allegations of criminal fraud by an attorney and in the court, in Florida the police or sheriff’s office in each city or county is responsible for investigating crime at the local level. Those authorities operate independently and are not a part of the Attorney General’s Office. I have provided contact information for the Pinellas County Sheriff’s Office below:
Pinellas County Sheriff’s Office
Post Office Drawer 2500
Largo, Florida 33779-2500
Phone: (727) 582-6200
Website: http://www.pcsoweb.com/
Since your concerns also involve an attorney or law firm in Florida, you may wish to notify The Florida Bar of your concerns. The Florida Supreme Court designated The Florida Bar as the agency responsible for reviewing grievances against lawyers licensed to practice in this state. The Florida Bar’s information about the grievance process online at:
http://www.floridabar.org/tfb/TFBConsum.nsf/840090c16eedaf0085256b61000928dc/f213ff9530af36db85256f72005ad534?OpenDocument
You may contact The Florida Bar at:
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
Phone: (850) 561-5839
Toll-free within Florida: (866) 352-0707
Website: http://www.floridabar.org
If you need legal guidance, please seek private legal counsel. An attorney can provide the legal advice which our office is precluded by law from giving to private individuals. If you need help finding a Florida attorney, The Florida Bar offers a Lawyer Referral Service toll-free in the U.S. at (800) 342-8060 or visit the website.
We appreciate your persistence and again hope this proves helpful.
Sincerely,
Bethann Dillon
Office of Citizen Services
Florida Attorney General’s Office
PL01 The Capitol
Tallahassee, Florida 32399-1050
Toll-free in FL: (866) 966-7226
Outside Florida: (850) 414-3990
Website: http://myfloridalegal.com
PLEASE DO NOT REPLY TO THIS E-MAIL. THIS ADDRESS IS FOR PROCESSING ONLY.
To contact this office again, please fill out the the Attorney General’s online contact form at:
http://www.myfloridalegal.com/Contact.nsf/NationalSettlement?OpenForm&key=non
Sender : Beth Ann Dillon
Link : https://agsft.myfloridalegal.com/bds/Login.do?id=A042064817&p1=x3j18vlsbfdbhfjcilchdcdi20
Sent To : elyse@gte.net
Expires : 6/20/14 11:59:00 PM EDT
another example of the fear and intimidation tactic by the ones that are supposed to uphold the law, i.e.courts, judges and lawyers. they are just pawns to clear all of these crooked foreclosures. They are taking their orders from the higher ups and us hard workers are still taking our orders from the highest.
We opened a business and personal bank account in north Florida. We deposited our cash and credit card revenue into the bank. We applied for a business refinance loan to open a second location. The application process took six weeks and crossing ever T and dotting every I. The time came to seek a 1500, appraisal. Again a commercial appraisal for over a million dollars is detailed to say the least from valuating the inventory and property to the management and licencing. Completed that. All this while running our business seven days a week. We never heard back. We waited, Left messages with the women and executive who seemed to be directing everything.So we actually called the main number and got the call transferred to get er to answer the phone which she did. Sh said we were denied due to the appraisal being to low. Ok then, we want the appraisal. She said ok. We got nothing. We also never got a denial letter. Then came the foreclosure. That’s right, the foreclosure. Then we were contacted by the states attorneys office letting us know an arrest had been made for theft by deception in regards to a “mortgage” for over a million dollars on our “assets and property” but that our name had been cut and pasted with a shell company LLC created the day the bank issued the one million plus check with no restrictions and made the funds available same day. Did the bank report this crime? Nope. Did the bank hire a lawyer tp defend the recipient of the money and the bank and the employee? Yes. Did it work? Yes. Did th criminal charges go away? Yes. Did the foreclosure move forward. Yes. Did the bank force the judge out to get an older judge they liked better. Yes. Even after Judge Skinner said only the fla supreme court could oust a judge from a case by force. Nope not in the middle district. Judge Moran, senior judge sent an email obtained by the fla times union showing Judge Moran telling the banks lawyers to do to get rid of the fair judge so they could get a partial judge who already said he would help them out of retirement and bring him in as a senior judge. Either way they ousted Judge Skinner and won the foreclosure even though we proved we never closed any loans and that this loan was part of criminal act confirmed by States atty Harry Shorstiens office of financial crimes and the state of Florida insurance fraud division detective turned in a full investigation finding the scheme that was found legit enough to make two arrest. Yet, we were foreclosed not by cleaning us off the title-they hoped-, because the shell company was foreclosed, but by adding our name as an interested party, like the taxes etc due to our lis pendis from the crimes. It worked. We rushed as this instantly bankrupted us as we had our jobs, lives and livelihood, not to mention the only license the entire business had to operate it. So we filed in bankruptcy court before the sale and asked for the Jacksonville bankruptcy court to let us sue to prove the fraud there and pay our debts at 100%. Did the state court and the bank sell and buy the deed days after we filed bankruptcy in federal court. Yes. Is this the deed they have today? Yes. The bank was closed by the FDIC and friends of the banks owners went to work fr the receivership company and then rehired the owners of the bank within days of there bank loosing over 800 million dollars worth of loans. I suspect many of these loan were gifts in the form of a “special” loan to whomever they wanted with any kind of real or fake assets. Many of loans were to lawyers and lawyers turn into judges etc etc. Even the owner himself borrowed 1 million before it was shut down, from his own collapsing bank. Why am I telling you this? Well we have since fallen on hard times and are loosing our home. My son got accepted into University of Miami, something he earned and deserved. We couldn’t pay. My daughter got into Rollins in Fl, same thing. My father died while I was on the phone with lawyers charging me 350 an hour so I waited to click over and then forgot to call him back. He passed overnight. He left me his home and told me never to stop fighting because this is not a special case. He said we have become Mexico. Some generations are drafted to fight overseas. Some must defend here in the states. State attorneys across the country are ignoring theft by quoting ownership is civil. Don’t believe summery judgement is abused. Our case with all the agencies criminal and others were denied a jury trial after we were granted a jury trail in which the plaintiffs demanded as well. They wouldn’t let both of us come into the judges chamber together and just said they don’t have to let anyone in they don’t want to. The judge told my husband that if he didn’t drop the case he would see to it that he lost everything and the bank would get first money of any sale etc of our assets. Then he fined us 50,000. for notifying the bank we were organizing a picket line in front of the bank. He called it causing the case to be delayed. BOTTOM LINE – In north Florida and other states the local folks from all the agencies work together and have built beneficial relationships together and they honor those relationships. So if a new party, like the Tea Party FO Party or any party gains big dollars (momentum) and racks up those same members of those same relationships in your area, then this can, and did happen. The happy ending? No one will buy the property they stole from us. That’s it. For ten years our business property that has an amazing location with hundreds of thousands of cars passing it every single day, has sat empty. Interest? Oh yes, but no stupidity. There’s not a month that goes by we don’t get a call asking us to sign a quit claim deed so someone feels safe enough to loan money or put money into it. That’s right, the good ole american buyer beware has the title jumping FDIC and its banker friends sitting and sitting on the monument to our crushed dreams and honest hard work. Hundreds of thousands of people pass it every day and have for ten years of unproductive job loss due to someone helping someone more powerful then us. I even obtained a video with the help of a senator of the judge they wanted so bad, using his bailiffs attempting to stop me from simply filing my notice of bankruptcy into the state system at the state courthouse. The case was filed in fed court the day before but apparently the hellbent judge was going to try to undue that too. He was supposed to retire soon and he just didn’t care what he did. His son was running for his seat and the closed bank held a private fundraiser for him, I know I was invited there by those who just cannot believe that a conservative would behave this way…so I suspect the fund raiser privately held by the same women who processed the loan in secret had some big favors were being cashed in. The video clearly showed his bailiffs detaining me from the recording counter after zI tried to record the bankruptcy for 30 minutes and the bailiffs hung up the counter phones and started using the clerks cell phones to speak directly to same judge that secretly threatened my husband that day. Did any of the people they tell you to go to help? None. Remember bailiffs are the police. Judges are the law keepers, The regulators are sitting on there hands. They act like Lodge brothers to keep there jobs in that dark environment and laugh it off as another crazy day at work. Not caring what the results are either way. They even try to make you feel like your bothering them. They get rude and make public access complicated and vague. So after a 6 page article and two metro front pages and top story of the weekend on the local news…the elections and fund raisers started back up and the fantastic paying jobs and benefits for life pig trough opens up again and they swim up the tax payer pool again, lay there eggs, and swim away looking for a better pool upstream. Our family of military brats is so strong and good hearted that we survived this with our head held high. We just kept saying don’t let them change us. Don’t lower ourselves to they’re standards. Only then do we really lose. Our goal is to stay strong for our God and our American ideals morals and ethics. We are considering a Facebook page to raise money to try to buy the property back somehow and hire 80 employees…again. This may sound harsh or hard to read, i know. But our tears should not be in vain. Lets bring about civil court staff reform! They are the ones who swore to keep it fair and unpartial and to accept both sides as fact an to eliminate summary judgement for cases in disputed material facts, period. The measures the courts have taken have been a failure to protect the sanctity of the court and have themselves exercised contempt of same court. We must unveil the mask of summary judgement abuse.
My case has me at the end of my rope but your story is very inspiring. I may have to end my case and move on but hope to have my story told and hopefully help others. I have another 15-30 day window and looking to put some ideas to work. I’m reviewing social media approaches and have reviewed some campaign/fund raising approaches. You can send me an email here but let me know you sent it. elsa.carter-avpci3n@yopmail.com Thanks.
Lou, please call me 954 781-9300
Tom Heinrich
After loosing my home to an unknown bank, I am now selling my last home. If interested, please call me at (702) 809-0716 I’m done fighting, it’s sucked the bliss from my life! http://palmsprings.craigslist.org/rvs/4395276172.html
Sorry to hear that. If I was further along could have been a good option for me.
Can anyone help me fully understand Assignment of Mortgage. My question is (real example). Option One does an Assignment of Mortgage to Deutsche Bank National Trust Company Trustee of Soundview Home Loan Trust 2005OPT-4.
The original mortgage was 9/30/2005 and the assignment was done and recorded on 3/21/2007
The trust closed in 2005 in which all instruments had to be filed according to the trusts PSA and REMICS.
Is this assignment valid???
I am from MA.
Thanks for the help.
Not a lawyer but can some info/cases can possibly help. In CA Glaski partially addresses invalid assignments that violate the trust. Seems like MA has similar law to Homeowner Bill of Rights. http://www.realtytrac.com/real-estate-guides/foreclosure-laws/massachusetts-foreclosure-laws/
“On November 1, 2012, a new Massachusetts law went into effect that gives judges in the Bay State the power to determine whether a bank can foreclose on a home or must modify the mortgage. The new law, entitled Act Preventing Unlawful and Unnecessary Foreclosures, creates a series of new hoops for banks and other mortgage creditors to jump through in order to foreclose on borrowers who aren’t making their payments.
Under the new law, lenders will have to demonstrate to a Massachusetts court that they made “a good faith effort” to work with delinquent borrowers, and that they took “reasonable steps” to avoid foreclosing. Such “steps” would include considering whether the borrower could make a lower, “affordable monthly payment” relative to their current delinquent loan.
The new law also mandates that lenders prove loan ownership prior to taking foreclosure action. The law includes new protections that prohibit lenders from misrepresentation, unfair costs and imposition of fees for services not performed.”
Tom Heinrich says: March 26, 2014 at 5:12 PM
Hey Tom, thanks! I needed that right about now.
Folks…..keep the faith. I am now suing Met Life Bank CEO….Eric Holder (personally), and Ringert Law of Boise Idaho – for lying. I am doing this as a friend of the court….my ancestors crossed the Atlantic Ocean for this carnival? God has my back on this one….this ONE. 777
Fight until the lights go out. Then pray for a New Horizon…..one w banksters on crosses at dawn. 777
WANTED !
COURT WATCHERS
Rather than watch TV, why not spend quality, entertaining, and informative time observing and researching in your local courthouse in foreclosure cases.
I think this will be one of the important steps in righting the wrongs….documenting what judges and attorneys are getting away with in passing out free money and real estate to undeserving banks who have NO money invested or legal rights to the money or real estate – overturnable and restitution possibilities and usable with legislators to pass anti-justice crime wave remedial law that will STOP judges and attorneys from ignoring the law and hold them accountable under the law.
Please contact me and recruit others… I will provide instructions on what and how to do it.
Tom
remember my
http://www.foreclosureinvestigations.org
Tom – I know that you are in the state of Florida as I am as well. I met with my atty on my case with Chase yesterday. My case is in Pasco County however, he plain out told me that in Pinellas County the Judges are basically granting each and every judgment in favor of Plaintiffs if they show up in court with an ORIGINAL note in hand. Doesn’t matter if they are the owner of record or not, whether there are legitimate assignments or not. Basically, it’s all being based on ‘possession’ and nothing else. The corruption and total disregard of the rules of law are completely ignored by these judges and nothing, nothing is being done. If you file for an appeal the appeal judges in the state of florida are basically siding with the judges decision on the basis that a plaintiff has come to court with an ‘original’ note……period! This was such a blow to me as it’s 7 years plus fighting this foreclosure. And it is spreading to other counties as well and he opines that the same will happen in my own case in Pasco county. I have been to every hearing, etc. and I even wrote a letter to the Chief Judge in the district filing a complaint against the judge in my own case. Nothing was done and the reply that I got had absolutely nothing to do with my original complaint. All judges are attorneys, plaintiffs are attorneys and the banks are the funders for all of them at re-election time. Who can win against them when all the power is transformed into dollars and defendents are way outside of that realm? Those judges don’t care one iotta who is in the courtroom watching!
In my earlier investigation days many years ago, I has a private meeting with a judge in chambers in which I confronted him with uncovering some of things he had been doing illegally in misusing his office, to which he readily admitted he had done and would continue to do. He looked at me with kind of a stone cold stare, tilted his head to one side, and said “Who’s going to stop me.” I had gotten what I had come for, so as I raised up from the captains chair which I sat deeply in across his desk in what I must say WAS THE MOST PLUSH, lavish, elegant wood paneled office I had ever been in outside a movie set, I said to him as I turned away from him as if to insult him, “I WILL.” I actually mis-spoke, because I myself could do nothing….I actually should have said, THE LAW…- APPLIED.
What happened with what I came away with I will not disclose, suffice to say he himself had implicated himself to someone he thought was just a journalist, but I was more than that.
I wasn’t the only one who knew what he was doing and wanted to stop it.
What I came away with however, turned out to be his downfall.
As the pieces came together, the vice closed and criminal charges were filed against him.
I was quite disappointed, but the powers that be ( and there BE powers, don’t kid yourself ) cut a deal with him to resign his office in exchange for no jail time. Judges are not looked kindly at in prisons. He was removed from office and fined, and he was a sitting federal judge who had his seat for life…..a very cushy life.
I did nothing. The law did.
The point is this…what these people ARE DOING WILL REMAIN….. Things take time.
We have powerful allies, all over the world. One of them is the former General Counsel of the World Bank.
You have to understand there is really ONE bank, and ONE government…just a lot of divisions. The one thing, perhaps the only, these people fear, is the truth. THAT’s why very very few are getting their day in Court. Its on purpose. Foregone. No truth allowed or if allowed, considered. But the truth does not disappear, it just festers.
This is why I harp on INVESTIGATE – DOCUMENT – FILE FILE FILE.
We know who these people are. They’re not going anywhere.
The laws are there, but our judicial system is being destroyed from within by attorneys AND JUDGES WHO PURPOSELY disobey the law – thinking they can get away with it.
They can’t. Forever.
Judgments obtained by fraud are unenforceable. Financial fraud is one of the big ones.
Aiding and abetting is just as serious. The truth will out, because of people like you and me who do not give up but have the patience to see miscarriages of justice corrected.
It will come in legislatures, in Grand Juries, in Courtroom where some of these people will be looking UP at a judge. Do NOT discredit the new Consumer Financial Protection Bureau. They are buildng an awesome dossier on a LOT of things. So is Homeland Security. So is the Secret Service. So is Interpol. So are other organizations.
We are dealing with replacing our banking and governmental systems personnel and procedures…, that takes time, but in Honor of JFK, Ron Paul and thousands upon thousands of good people in the U.S. and throughout the world, things WILL change.
DO NOT go placidly into the night…. INVESTIGATE. DOCUMENT. SHARE.
Everyone should be contacting all of their elected officials right now and asking for them to take a stand AND PASS NEW legislation to make what IS GOING ON criminal, and take away the ‘discretion’ being exercised right now…our judicial system is dying, and the cancer is moral turpitude…..because THAT’s what were dealing with.
PERSEVERE
( to show you how pervasive the dishonesty is in the system right now, check out what Florida’s Appeals Courts are doing…Lower Tribunals never err anymore, they just ‘abuse their discretion.’ Remember the ultimate source their power comes from – its you and I )
Document Every Event. The first thing a prosecutor will ask you is, “Can you PROVE IT ???”
YOU wanted it you got it jury trial judge Zloch deal blow to wells fargo and ocwen jury trial FLORIDA
Tom,
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
Have you reported the LAWYERS FORECLOSURE MILL?…THEY ARE THE ONES OING THE FSLDE RECORD OF NOD OR ASSIGMENTS! REPORT THEM ALL!
just go to SEC it will open idynps there is a radio show on friday night randy kelton rule of law radio you should call in ask about how to get jury trial and out of civil into criminal he smart guy he has had judges arrested before i would love to hear you call in and see what he thinks and what advice he could give you
The website does not open???
That’s a treasure trove of material that will eventually lead to the dismantling of MERS system. These are the reasons why Wells Fargo’s foreclosure manual instructs its agents not to foreclose in name of MERS, they are looking forward to the wrongful foreclosure penalties and another few billions in penalties. Don’t worry, it won’t happen while Eric Holder is Attorney General.
Found this interesting…woud like all of your comments…
on
http://www.edgar.sec.gov
Submit Comments on S7-08-10
Re-Opening of Comment Period for Asset-Backed Securities Releasel
Cases related to CA Homeowner Bill of Rights. http://calhbor.org/2014/03/14/march-newsletter-covers-respas-new-requests-for-information-recent-cases-and-includes-in-depth-analysis-of-new-hud-interpretations-of-the-fha-hamp-program/
Met with non-profit lawyer that sounded like she was employed by the bank. Made complaint to AG almost word for word contradicting this case. She kept saying things like they can have a team and I benefited. Another letter for your Congressperson etc if you don’t have a HBOR.
Shuffling SPOCs Violates HBOR
Mann v. Bank of Am., N.A., 2014 WL 495617 (C.D. Cal. Feb. 3, 2014): “Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” CC § 2923.7. SPOCs may be a “team” of people, or an individual, and must facilitate the loan modification process and document collection, possess current information on the borrower’s loan and application, and have the authority to take action. Importantly, the SPOC “shall remain assigned to the borrower’s account until the mortgage servicer determines that all loss mitigation options offered by, or through, the mortgage servicer have been exhausted . . . .” Here, borrower was “shuffled from SPOC to SPOC,” which he recounted in pleadings, noting conversations with different representatives on specific dates. As a result of this shuffle, borrower had to continually “re-inform” servicer representatives about his situation and constantly received contradicting information. These allegations adequately asserted a SPOC violation. Even if the multiple representatives borrower communicated with were a “team” of people, allowable under the statute, no member of this “team” was able to perform the required SPOC duties. Borrower’s SPOC claim survived the MTD.
Looking to speak with “woodknot” about America’s Wholesale Lender issues. Pls contact me at jurmedica@gmail.com
You are right hammertime. Appears they are all in it together. That’s why I gave up pretty much on attnys, but I don’t know if I can handle being treated
By a judge the way I was on Monday. If I fight back too much. They might try to get me for contempt. Broward cty florida stinks. In some ways I am ready to move on because this foreclosure mess has shown the true colors of this area and I will take honest people over good weather in the dead of winter anyday
I’m with you. I’m in my last round with Chase/City double team. Take care of yourself but our truth can get out there no matter the results. If we have a higher goal all their money and power doesn’t matter. I believe we 4% who have fought back and have been active on the internet stopped them from bullying veterans and seniors like they were.
Thanks Hammertime and good luck to you. The truth always wins in the end and the fact we are still in it for this long shows that. Chase gave me a fraudulent loan mod. I worked so hard to keep my home and chase has wronged me so any times. They have acted in bad faith and they are very well aware of what they have done and continue to do. Chase has always held my note and has intentionally tried to force me out. I don’t care anymore. I don’t even feel this is my home anymore but I am not going to let them say I’m a deadbeat because I have always tried to pay and they have thwarted it
No prob. Exactly how I feel. In my case the note they PAID OFF wasn’t produced for 6 years and now they say it didn’t have to be paid off! Anything’s possible with all this deception. Hang in there yourself. Pressure will be on til Wed. Hopefully we’ll catch up on Chase and I’ll pop in when I can til then.
Good idea tom except we have been doing this on this website. We need to get the media involved. I have been viewing cnbc and commenting to see if I can get someone’s attention. Seems a lot is old news and people are moving on. Just like this wells manual coming out. I’m sure all the big banks have a similar manual. This is big news but it is not getting enough attention. It’s just a matter of getting the right attn and there are more crooks than honest people.
Pam bondi and anyone else in a position as hers should have helped florida more. These courts could have got rid of a lot of the backlog just by doing the right thing for the people of florida. Fear and intimidation by the judge to the homeowner shows what side they are on. All this money from these settlements could have helped a lot and the economy too. Govt is so ignorant and greedy and just plain mean and dirty
Remember, Wall St’s the problem and they are buying off our govt and democracy.
I have just started a new site: http://www.foreclosureinvestigations.org
My goal is to have a site where people all over the Country can share and learn how to put together effective investigations and compile an evidence file that can be used effectively in courts, with regulators, law enforcement and Grand Juries, legislators and their committees, private agencies and attorneys…. and the media, researchers, and documentary makers.
Unless we get an organized movement going that will hold all bankers, judges, regulators, law enforcement and prosecutorial agencies, and legislators RESPONSIBLE FOR EVERY ERROR
and CRIME THEY COMMIT, haul them before public scrutiny and criminal and civil prosecution, this is NOT going to get better.
Apparently Jerry Brown and Pam Bondi, of opposite parties and sides of the country, have diverted massive amounts of money from foreclosure help they received funds under..
it’s time for Federal Grand Juries folks…
and being an election year..unfriendly elected officials and judges must be removed from office
who wants to run for office as an independent…seriously. I’ll help you organize and run a high profile campaign…even withOUT getting elected we can change the way these criminals are doing business.
It APPEARS at first glance, that banksters and servicers are in a state of anarchy and moving things around frantically…HSBC for instance, has EXITED the mortgage business altogether themselves it seems, electing to spin off to a mortgage entity and selling portfolios to 3 or 4 other firms, including PHH.
LEARN HOW TO DO GREAT DISCOVERY and EVIDENCE COLLECTING..hopefully once my site gets going, it will be a great help to you…
Thinking along the same lines but caught up in stopping sale. This site is a great help but we need to be more effective and it needs to come from us. The CA lawsuit is great but in the end it’s focused on education funds that are going to go to possibly non-profit bureaucracies or the lawyers. Research should be only one of the quivers and there are some great resources out there. The emphasis on grand juries and grass roots action could be a good twist I’ve talked about.
Big waste of funds these educational/credit counseling places. Borrowers were duped with these creative financing loans by these banks. They bought on a payment that grew its the banks that need the education, really the word should be prosecution for duping all these homebuyers into thinking they could afford it. I have no clue what it will take but buyer beware and I hope in the future people think twice because history does repeat itself.
Thank you for the link to the case in New Mexico. I briefly looked at it looks like it might be helpful. Also, I do believe they can no longer use MERS in the State of Washington, kind of a red flag to attorneys and judges here.
Sounds like a great idea. I am still trying to get everything together in order to file a case, so don’t think I would be much help. I have been kind of waiting to see the outcome of a couple cases here in Washington State, there is one where a judge has stated that the Deed of Trust Act here maybe unconstitutional according to the state constitution because it doesn’t allow one due process (Washington is a Non-judicial foreclosure state). There is also suits against a couple of the trustees that are actually owned an operated by law firms which often represent the banks, which is a big no no. The trustee is supposed to be a neutral party. Anyway I guess I would be interested in finding out how other people in non-judicial foreclosure states are handling their cases. I think some things are handled differently depending on whether you are in a judicial vs non-judicial foreclosure state.
Non-judicial has been criticized for lack of due process before MERS etc. Had a long post but it blew up will add later. But here’s a good case http://stopforeclosurefraud.com/2014/02/13/bank-of-new-york-v-romero-nm-kick-ass-case-bony-did-not-introduce-any-evidence-demonstrating-that-it-was-a-party-with-the-right-to-enforce-the-romeros-note-either-by-an-indorsement-or-pr/
Consent judgment excerpt: (Chase) p 203
3. Enforcement Action. In the event of an action to enforce the obligations
of Servicer and to seek remedies for an uncured Potential Violation for
which Servicer’s time to cure has expired, the sole relief available in such
an action will be:
(a) Equitable Relief. An order directing non-monetary equitable relief,
including injunctive relief, directing specific performance under
the terms of this Consent Judgment, or other non-monetary
corrective action.
(b) Civil Penalties. The Court may award as civil penalties an amount
not more than $1 million per uncured Potential Violation; or, in the
event of a second uncured Potential Violation of Metrics 1.a, 1.b,
or 2.a (i.e., a Servicer fails the specific Metric in a Quarter, then
fails to cure that Potential Violation, and then in subsequent
Quarters, fails the same Metric again in a Quarter and fails to cure
that Potential Violation again in a subsequent Quarter), where the
final uncured Potential Violation involves widespread
noncompliance with that Metric, the Court may award as civil
penalties an amount not more than $5 million for the second
uncured Potential Violation.
Nothing in this Section shall limit the availability of remedial
compensation to harmed borrowers as provided in Section E.5.
(c) Any penalty or payment owed by Servicer pursuant to the Consent
Judgment shall be paid to the clerk of the Court or as otherwise
agreed by the Monitor and the Servicer and distributed by the
Monitor as follows:
1. In the event of a penalty based on a violation of a term of
the Servicing Standards that is not specifically related to
conduct in bankruptcy, the penalty shall be allocated, first,
to cover the costs incurred by any state or states in
prosecuting the violation, and second, among the
participating states according to the same allocation as the
State Payment Settlement Amount.
2. In the event of a penalty based on a violation of a term of
the Servicing Standards that is specifically related to
conduct in bankruptcy, the penalty shall be allocated to the
United States or as otherwise directed by the Director of the
United States Trustee Program.
3. In the event of a payment due under Paragraph 10.d of the
Consumer Relief requirements, 50% of the payment shall
be allocated to the United States, and 50% shall be
allocated to the State Parties to the Consent Judgment,
divided among them in a manner consistent with the
allocation in Exhibit B of the Consent Judgment.
Consent judgment excerpt:
P 202
J. Enforcement
1. Consent Judgment. This Consent Judgment shall be filed in the U.S.
District Court for the District of Columbia (the “Court”) and shall be
enforceable therein. Servicer and the Releasing Parties shall waive their
rights to seek judicial review or otherwise challenge or contest in any
court the validity or effectiveness of this Consent Judgment. Servicer and
the Releasing Parties agree not to contest any jurisdictional facts,
including the Court’s authority to enter this Consent Judgment.
2. Enforcing Authorities. Servicer’s obligations under this Consent
Judgment shall be enforceable solely in the U.S. District Court for theDistrict of Columbia. An enforcement action under this Consent
Judgment may be brought by any Party to this Consent Judgment or the
Monitoring Committee. Monitor Report(s) and Quarterly Report(s) shall
not be admissible into evidence by a Party to this Consent Judgment
except in an action in the Court to enforce this Consent Judgment. In
addition, unless immediate action is necessary in order to prevent
irreparable and immediate harm, prior to commencing any enforcement
action, a Party must provide notice to the Monitoring Committee of its
intent to bring an action to enforce this Consent Judgment. The members
of the Monitoring Committee shall have no more than 21 days to
determine whether to bring an enforcement action. If the members of the
Monitoring Committee decline to bring an enforcement action, the Party
must wait 21 additional days after such a determination by the members of
the Monitoring Committee before commencing an enforcement action.
Chase Consent judgement excerpt:
P 199
Satisfaction of Payment Obligations
6. Upon the satisfaction of any category of payment obligation under this
Consent Judgment, Servicer, at its discretion, may request that the Monitor
certify that Servicer has discharged such obligation. Provided that the
Monitor is satisfied that Servicer has met the obligation, the Monitor may
not withhold and must provide the requested certification. Any
subsequent Monitor Report shall not include a review of Servicer’s
compliance with that category of payment obligation.
P 200
5. In addition to the Servicer’s obligation to cure a Potential Violation
through the Corrective Action Plan, Servicer must remediate any material
harm to particular borrowers identified through work conducted under the
Work Plan. In the event that a Servicer has a Potential Violation that so
far exceeds the Threshold Error Rate for a metric that the Monitor
concludes that the error is widespread, Servicer shall, under the
supervision of the Monitor, identify other borrowers who may have been
harmed by such noncompliance and remediate all such harms to the extent
that the harm has not been otherwise remediated.
Taking notes on settlements/Consent Judgment i.e. national mortgage settlement. Chase file.
If getting jerked around on standing could be a resource. Could be tool for individual or organized approach. Here;s one part I’ll post a couple of others to get a feel.
The following items from the Consent Judgment
P 206 Consent Decree (standards? matrix)
1. Did the foreclosing party have legal standing to foreclose?
3. Was the borrower offered a loan modification fewer than 14 days before the foreclosure sale date (unless the borrower declined the offer or the servicer took appropriate steps to postpone the sale)?
p 224
(d) Activities related to the executing, notarizing, transferring or recording of mortgages; the obtaining, executing, notarizing, transferring or recording of assignments; or activities related to the use of any mortgage registry system, including MERS, and including the transferring of mortgages or assignments using MERS;
(g) Handling and resolution of inquiries, disputes and complaints by or on behalf of borrowers and frequency and adequacy of communications with borrowers;
p 196
23. If the Monitor becomes aware of facts or information that lead the Monitor
to reasonably conclude that Servicer may be engaged in a pattern of
noncompliance with a material term of the Servicing Standards that is
reasonably likely to cause harm to borrowers or tenants residing in
foreclosed properties or with any of the Mandatory Relief Requirements,
the Monitor shall engage Servicer in a review to determine if the facts are
accurate or the information is correct. If after that review, the Monitor
reasonably concludes that such a pattern exists and is reasonably likely to
cause material harm to borrowers or tenants residing in foreclosed
properties, the Monitor may propose an additional Metric and associated
Threshold Error Rate relating to Servicer’s compliance with the associated
term or requirement.
You are EXACTLY right !!!!
HOWEVER, if there is ANY good news, its that the servicing agreements nearly across the Board have given FULL OWNERSHIP DECISION RIGHTS TO THE SERVICERS…thus the servicers could MODIFY EVERY SINGLE LOAN THEY HAVE without ANY NEED of ever talking to the “investors” or getting anyone else’s permission
..and I can point you to the sections for you to show the judge, then show them the Settlement Agreement, then tell Eric Holder the servicers ARE VIOLATING THE AGREEMENT and ask for Indictments..if he doesn’t, HE gets thrown into the group of conspirators…pretty simple formula, which is all that the legal system is
it has been a rule/law that only the NOTE HOLDER can modify or re-fi a loan…which has been a bone of contension that homeowners are wasting their time to gather “proof of income, utility bills, etc.” and fax over and over again because the bank needs this or that and it’s all bs because the servicer has no authority? Tom, please provide whatever you are suggesting stating the “servicer” has the authority?
What is the ONE thing the Banking Cartel doesn’t want…. for the entire Truth to come out
THAT should be our collective purpose…there is a HUGE amount of evidence to go through.
I still want a transcript of the secret private meetings Obama had with the Cartel – which he is refusing to release. We should ALL demand they be released.
The NEXT thing we should all demand is that Eric Holder apply the same standards to the Banking Cartel that he just applied to Toyota.
The Justice Department just announced one of the largest fines ever imposed on an automaker, $1.2 billion from Toyota for the way they handled the dangerous unintended acceleration of its vehicles
Time magazine reports the four year investigation began after an off-duty California Highway Patrolman and his family “barreled off a highway at 120 miles an hour and were killed, despite desperate attempts to stop the borrowed Lexus they were driving.”
It seems millions of American Homeowners barreling off the highway of home ownership qualifies for a similar investigation and penalty, Mr. Holder and Mr. Obama.
Holder announced today. “Rather than promptly disclosing and correcting safety issues about which they were aware, Toyota made misleading public statements to consumers and gave inaccurate facts to Members of Congress,”
Same here, Mr. Holder. Do your job or resign.
I strongly suggest each one of us and everyone we know which we can convince to do the same, publically, in letters to our two U. S. Senators, our Congressperson, Eric Holder himself and President Obama, and our local newspapers, TV, radio stations AND ELECTED OFFICIALS demand the same, and follow through with ongoing meetings. Let’s deluge everyone with evidence. There is a TON in your local Courthouse as well as in your own files !
The SECOND thing the Banking Cartel fears, is being put out of business and replaced as “Owners of the World”.
THAT is the ULTIMATE goal.
Rep. Edolphus Towns, D.-N.Y., chairman of the House Committee on Oversight and Government , and all his Committee members should be on a first name basis with each of us, as we should be with our Senators and Congressperson.
We owe this to our children and future generations.
Tom
Well, great idea except for the fact that Eric Holder will never be of any help whatsoever. He worked with Covington & Burling Law Firm and contributed to the creation of MERS!!
No Help with him~
I have question my loan originator FGC assigned my mortgage to DBA fremont mortgage on 6/13/2005 done by MERS ,In 2007 they went bankrupt in 2008 CMS notified me saying there my new servicer i went down to land records office no assignment on recorded so i called CMS asked them who they are and what gives them the right to service my loan it was not recorded at the county the only true and recognized and official records they lady from CMS told me they due there assignments threw MERS which we know bunch bs now fast forward in 5/26/2011 there trying to say FGC commercial MTG fin assigned my loan by MERS to Deutsche bank here my problem with it if FGC went bankrupt in 2007 they no longer handle mortgage how could the assign anything there no longer in business they could assign some thin they did not have second of all the only authorized party who could due assignment would be the bankruptcy trustee for the bk lender if MERS did assignment on behalf of bankrupt entity is that criminal violation of the bankruptcy code another point is if mers held the mortgage as nominee for lender who was out of business or liquidated in bankruptcy there could be no party legally able to assign what i think happen CMS bought some of FGC assets in bankruptcy my loan was one for example i dont think they ever assigned my loan to CMS and that’s why it was never recorded Last but not least that bogus assignment it was done by VESTA LAND TRANSFER CORP the advertises the most cost and time efficient services from default to closing available in the industry plus the due the own in house processing there address is the same for the law firm that is suing me vesta recorded the assignment by MERS plus my assigment was done by and signed by a robo signer tom croft CMS sent bad papers to vesta prepared and filed a fraudulent assignment plus my PSA stanwich asset acceptance company the registered sec agent made no assignment of mortgage to anyone party that’s is named in my lawsuit what due you guys think i would like your feed back
That’s a fact for him to be replaced…conflict of interest, or would it be more of Aiding and Abetting.
Should we act as our own Grand Jury ???
Republican or Democrat, they are the same Clique aren’t they, the same group JUST WITH DIFFERENT NAME TAGS…the Republicans have their own uprising, where are the Democrats who will take on the corruption and criminal behavior within THEIR party
John, YOU DO KNOW that being in court means you have an Open Door to DISCOVERY…get those subpoenas out there, schedule your depositions…
I know a GREAT group of Court Reporters here in Florida that will even help you do Skype depositions.
Get facts, put them before the court
Contact others who have gone against these same people and get THEIR discovery..
One thing I have come across is that people do not know that records of law enforcement agencies and regulators are OPEN TO THE PUBLIC with relatively few exceptions, open and ongoing investigations being one of them, but THEN YOU know what they are looking for from YOU to complete THEIR picture.
WE SHOULD NOT WORK ALONE…any of us
I was startled by one of the big corporate law firms revelations to me about the civil recourse I have…shocked actually
@ John sounds like you may want to layout dates of assignments etc and check if properly recorded, transferred depending on your state. If CA, Glaski may be good to review. Also you may want to check the money trail. Of course not legal advice.
Bpbbi
I don’t do any banking on a computer .For years .Thats why i had the credit card problem
with Capital. They refuse to take cash at in Capital Bank I mailed them a USPS order with proof etc and they said they did not get it when i sent them a zerox of proof they cashed the original postal money order, where did they get it from?
There’s legal hacking and then there’s illegal hacking. We prob need to turn the tables more on them or we’ll have to go back to the stone age. Kind of funny situation where I contacted a lawyer who was on a case that was distributed and they got upset their direct line was on there. The person that sent the email had a strong confidentiality warning in their signature so I told them I couldn’t send but they wanted me to give them their info anyway! Maybe we should put a warning on our emails and report them when they mess up! Modern version of catching Al Capone!
Void judgments are a nullity.I have been fighting these void ab initio judgments since 1997 No statute of limitations The case was under Federal jurisdiction when a State judge without any authority signed two void ab initio judgments. Chief jonathan Lippmann ruled this is unconstitional but judge Schlessing who was asked to mark it vacated took money from Fidelity Title. ———-get it
lms53 – you are putting your whole picture out there if you don’t have an anti-virus program running. No wonder it’s acting wierd. ANYTHING you do on the computer with the internet (banking, emails, searching, buying), ANYTHING puts you at risk! Attorneys are hired by the banks; they don’t work FOR them. Attorneys don’t go on the payroll of banks and most of them don’t know squiddly about computers. REAL hackers are out there to get informtion that they can SELL….and they aren’t going to work for attorneys either. There’s big money for hackers who have info to sell. I highly doubt that the measly hourly rate that attorneys pay their employees would meet the requirements of a hacker!
thanks bobbi, I am aware of that and I don’t do any banking or anything at all with account # on line, but I am in need of a good antivirus program. I have with my internet service. I just have to download it and I am going to now. I don’t think I was ever that active on the internet until my foreclosure and then I started searching it for info about foreclosures and that is how I found you all and I am glad I did even though we will probably never meet. It is good that we can vent here and maybe gain some knowledge to get all of us thru this terrible mess brought upon us by the banksters. Im old fashioned, I still order checks.
my response was to bobbi swann. sorry Tom
They have a second computer set up in An Astoria bank building in Garden City ny/
Both my florida cell phone and my home phone gets switched to phones set up in Garden City
I have lots of anti spy ware etc, it doesn’t over come a second computer as if its just aniother computer or phone for Astoria.
All banks have hackers on their staff for knowledge of protecting their own books,
that’s right Marilyn and we know how crooked their books are.
Tom
The debt collector attorneys MJRFwho hid four mortgage checks no longer work at Astoria but after the time they auctioned off my two condos without owning them I learnt the computer. and saw Astoria Federal /Fidelity had won a Winstar lawsuit of $437 million for giving goodwill to The Bank mixed up in stealing my properties. I went to OTS, OCC,, Bush, Clinton Spitzer. State Judges Federal judges and finally it good reversed vacated and they lost the $437 million .
For arilyn Lane and Lms53 – I highly doubt that Astoria is hacking your computer, Marilyn nor yours either,Lms53. You both need to get a good anti-virus program, set your defaults on your firewall a little higher and a good ‘cleaner’ to scrub out the ones that are already in your hard drive! Really, getting a little bit paranoid??!!! As more and more high tech comes on the market there are more and more hackers out there who just love making you crazy for no other reason than they love it! Your typing response has little to do with ‘hackers’ and more to do with spyware and virus. And you may want to check what your keystroke speed is set on your computer, Lms53.
bobbi, it only gets slow when I respond on this website, but I do need an anti-virus. this is the only blog that I am on though. I think all of us who are on there and have made it this far thru the foreclosure process (6 years and I am not bragging) but we are knowledgeable enough to fight this long, that maybe the banks crooked attnys think they can gain something too. Sounds crazy I know but I would not put it past the banksters and their crooked attnys.
ims
I have all sorts of strange typing and my typing all over the page on my computer too but i have hackers on my computer from Astoria Federal S & L.
If u ever communicatd with bank or their attnys via email, they can hack ur email, Im sure of it. and I am not paranoid, if you are fighting them and you have valid defense, they will hack you.
something is weird, because when I type a reply, the typing gets slow and non responsive. this is what happens when I type regular:
See you cano kep up with the wds as fast a s I am typing I am not that d a typist, strang uh!
David, do you not want to get a modification or are you saying chase will never give you one no matter how much you try
Chase mods my loan three timed without my permission
So why apply lol
david, was the mods good or bad or u knew better than to fall for their mod scams.
I completely filled that in for one report for equifax and equifax replied ” I” can’t get it on line and it will take 15 days to mail it to me after the receive the filled in form
– there was really no reason for that.
I have found the credit bureaus work with with all the corruption.they definitely know i argued with Capital so they side with the credit card companies..
this garbage has happened to our whole nation.
Marilyn sorry to hear ur situation. I too have started to hate where I live and it is chases fault for all of the aggravation they have put my son and me thru. People r ruthless these days and we r living in a survival of the fittest society
thanks for the court house information. ( am not making anymore attempts to pay them, they refused cash at Capital bank. Since they know my two condos were stolen they are trying to get a claim on my properties with a judgment The asst property manager at/ the REIT i live in is a felon and trying to do the same. I went to court and won and have a roof over my head but hate it here.They all band together and know i need a credit report to get out, july I will go even if i have to be homeless. I have always paid my rent on time and they make up other issues to try and get that judgment. They intentionally put in a wacko in the downstairs apt so that i break my lease.
no shortage of dishonest people.
does anyone know who sells credit reports? (my own)
What do you mean by ‘sells credit reports”??? You can obtain one free report per year on yourself. There are sites online
when i was ousted by the fraud i couldn’t get a c edit epo t .In Flo ida i paid someone $300 and got my on a st eet in two hours.
To – can you e more specific about the McCollough v Johnson et al case? I cannot find it. Is it the 9th District in Montana or another state ruling?
Another corrupt experience with a bank this morning. This time Cajpital One Credit
I was paying off a credit card I closed at a minimum amt of &$16.per month. Then they hid one
timely payment of $16 and say you now have to increase it to $32 not that i can’t i won.t
Who ever posts to stop making payments of any kind to a bank is RIGHT, you don’t get your payment credited. The thieves at the banks all keep coming up with new scams
remember Marilyn in the bible, “slave to the lender” I cant wait till Im free and my day is coming. They will keep coming up with them as long as no one is prosecuted criminally and I would not hold my breath for that.
I don’t carry any credit card debt and I have never been in debt in my life until Chase thru me into foreclosure and packed on all those bogus back fees. I always pay credit cards in full. Get rid of credit cards if you cant pay them in full. They will keep you in debt.
Chase was/is not the only one filing these ‘bogus’ credit card claims…..
http://www.courthousenews.com/2014/03/14/66139.htm
im in florida and the AG here is no good. Why did she fire those 2 attnys that were getting to the bottom of this mess. She is just as bad. Blackstone group is just looking for the next foreclosure victim so they can snatch up your house and rent it out on a long term lease and bundle that up and sell it. I guess they just have not learned and that’s because they are the “untouchables” criminally. I am by the beach and blackstone a/k/a Invitational homes are buying and leasing long term. Investors have driven the prices up and no decent hardworking person can afford a good house as in my area. They are trying to drive me to the “hood” to live in . They can kiss my a**. Florida Sucks. entire state is corrupt.
I hear you ! We finally learned that the banks are crooked. They accepted $6,306 from us as first payment of making homes affordable on Jan 8 2014, They sent a statement that proved monies received from my certified funds. They deny me being in program and say it is my fault for getting scammed. The Sheriff put up a eviction notice (24 hour) and I had to pay thousands to lawyer to get motion for writ of possession and motion to vacate the foreclosure sale. I have written proof they avoided me for a month up until the day the first trial payment was due at which they said, I was never in the program and now its too late anyway. We filed complaint with Florida AG, NY State Financial Services, TARP Fraud Hotline, and made a FOIA request of Us Dept of Treasury asking if our loan was part of the bailout. I will fight this with EVERY cent I have and my family has offered another $50K to fight them. I hope it is enough we have a very uphill battle. I never realized how crooked Florida , and America is. This country is OVER. America is GONE people, trust me. Gone. We are F***ED. Sincerely, Rich in Florida.
Tom how do u discover your PSA. I don’t believe there is one. How do u find out. I too had a hearing today and the judge was so nasty. I found it strange that some attny I never met recognized me and called my name and when I ask him how he knew me. He said he saw me sign in. Also the judge treated me like crap and I had my keys out and the sheriff lady told me to put them in my pocket like I would do something with them. These people are whacked and we are in the courtroom fighting are asses off to save our home and they want to intimidate us with their crooked ways. System is definitely rigged
Should complain about the judge. He is either overworked and burned out or just plain crabby. They want to intimidate and scare us away so we will give up. There were only a couple other homeowners there. We r the outsiders trying to get an inside on this unbelievably crooked process and the courts don’t want any witnesses to their crookedness so they scare u out.
This is the very reason I am suggesting that, we the people, bring this fraudulent
foreclosure practices to the Attorney General, District Attorney or even a local Sherriff because it is criminal….not civil…we must get our issues out of the civil courts…YOU CAN’T WIN…no matter what you prove!!
The 2 hour Special Set hearing in my case today was interesting….. the issues were limited to only my Motions which had been filed prior to the original Feb 7th hearing date at which time Bank of America had just substituted in Counsel, the first since Ben Ezra Katz withdrew some years ago. March 17th 2014 is the first hearing on those relatively few Motions I filed in December and January… there are still the majority of my Motions to be heard and trial is set for April 23.
ALDRIDGE CONNORS refused to appear, although I spoke to one of their attorneys I dealt with previously in the hallway and served her some materials. The Magistrate refused to grant my OSC and Motion to sanction ALDRIDGE CONNORS, who I maintain expressly and flagrantly violated Florida’s Rules of Professional Conduct, and did not obtain court, client, or previous Counsels approval to be legally considered Attorney of Record. I maintain Carlton Fields Jorden Burt may not act as co-counsel to attorneys who are not properly of record. Without ALDRIDGE CONNORS appearing, I feel my Motion for Sanctions should have been granted, but the Magistrate did not agree.
I came away with some Certiorary issues, but the most important thing was my Motion to Compel viewing of Original Evidence WAS granted, and for the FIRST TIME SINCE APRIL 2008, I WAS ABLE TO INSPECT THE ORIGINAL NOTE AND MORTGAGE !! The Magistrate and Michael Winston made it known they held ME culpable for the six year delay in my case, to which I made it known the “near hostility” of the Court was improper. The Magistrate granted my opposition to Carlton Fields trying to slip in a change of party plaintiff and left it for a triable issue, as well.
Foreclosure action filed April 2008, allowed to inspect March 2014. MY fault ? Why are the foreclosure attorneys being allowed near Carte Blanc and the banks not required to document EVERY step of the chain of ownership.
I withdrew my Motion for Judgment against Bank of America and will engage in settlement discussions with them of our issues.
The issues are simple…either my Original Lender never transferred ownership and my accord and satisfaction should be upheld by Florida’s courts, or if HSBC DID acquire ownership, I am due AFFORADBLE PAYMENTS ON ANY LEGITIMATE BALANCE STILL DUE.
One or the other.
And THEN there’s the issues of all of the banks deception, misrepresentations, and unfair conduct……… I refer all of you to read 9th Districts McCollough v Johnson et al decision a few years back ( Montana case ).
The system is rigged. My suggestion ? Discover and Document the truth and share it with each other. My pleadings and depositions will be gladly shared. Wells Fargo’s internal Manual is now online as well, I suggest you all obtain a copy. You all know how to discover your Pooling and Serving Agreements and Registered Holders, and MERS in and out materials I hope.
Documenting is something ‘they’ don’t want you to do. One reason to DO it, right ?
“They” read this ? Great !!!..now hacking my other accounts and emails is criminal, how do we prove THAT ?
Time for all of us to contact all Florida legislators and ask for legislation reining in judges and lawyers with SPECIFIC requirements…they are out of control.
Tom
Tom what can u use to prove that your note was never xferred. I definitely know mine was not but the bank always acted like they had to have investor approval which would delay any loan mod I was trying to get. It was always a stall tactic on the banks part because we all know that the plaintiff holds the note. Fannie Mae is a facade that the banks hide behind. They are LIARS.
They r included
The court doednt know about the change in ac nos
Regards
David
Do u mean that their r included in the mdl lawsuit that is the ones where the acct numbers did not change, david
Yes
What about the chase borrowers where their loan # did not change. To me that means that chase is the sole holder of your note.
Tom-
I am here in new york and my computer, cell phonand house phone are all hacked by
Astoria Federal S & L
I believe you Marilyn. this website is too.
Would be good to figure out if actually hacked or if trolls. I’ve had experience w/ possible trolls on here; people possibly posing as wanting to share info then not responding. If phone and cell phone though probably hacked or spyware.
Chase is trying to get re-affirmations on loans that sere not transferred.
I agree however in my case and perhaps up to 2 million other cases, chase changed the interest rates and loan terms of my loan during the transfer. title 12 u.s. banking act, says that the loan can not be changed after the transfer. now chase has made my loan per their notice from chase.com website to `11.7 percent and balloon payment of 312,000 dollars at “.7 percent. the uscfpb has know about this for months and looks the other way. allegedly. and more importantly chase has refused to turn over the old loan numbers to the federal judge in boston ma in that mdl case I posted about so all those people will not get a notice and the plaintiff attorneys gets $ 10miilion dollar alleged bride and the six other law firm s across the us trhat handled this case and the homeowners get absolutely nothing. I got so angry with Gretchen obrist of kellerrohrbach.com in seattle that I filed a complaint with the Washington state bar.
david, I also contacted one of the attnys representing the plaintiffs on this mdl suit. He was helpful at first, but I know they too were just in it for the paycheck. If the suit got as far as it did, they should somehow got them to admit to their criminal actions, but I am sure they were told to backoff and don’t make the banks admit to any wrongdoing and you will have a nice payday and again the homeowners are screwed. I had a hearing this morning and the judge talked to me like I was s***. they are all trying to put this fraud behind and move on. I hope they all rot! I hate to say it, but I really don’t expect much from this settlement either. They breached contracts, the good old American kind and it does not seem to matter to anyone.
someone should sue the AG in florida. she is deep into it too.
They hope it will be a template for any state that diverted funds. As Tom was saying we have to hit on all fronts.
Chase is bugging me every day to apply for a new mod but it ain’t happening
Same here. They actually insist I’ve asked for assistance when I didn’t and then gave me an offer to “forgive” a few hundred thousand off purported debt. It had a slight catch that would have cost them less than $20,000 to resolve. Makes you wonder.
in my case they breached a hamp loan mod not one time but twice. I am sure they are going to try a way to worm out of making good on this class action too. you have to stay on top of their game.
Definitely. You have to question whatever doesn’t seem right even if they claim to respond or claim their acts are valid. From the first payment in ’08 I was told that a reconveyance was all that’s needed and now I’m glad I kept questioning it with Homeowner Bill of Rights 6 yrs later. Have to keep pushing even with all the problems. BTW Gov. Brown is being sued for diverting funds that should have gone to homeowners.
Good current reference on non judicial and FL cases:
http://livinglies.wordpress.com/2014/03/07/gkw-publishes-memo-on-arizona-steinberger-case-with-florida-case-citations/
The NM case hits on pretender lenders and basic/homeowner rights it seems:
http://livinglies.wordpress.com/2014/02/18/new-mexico-supreme-court-wipes-out-bank-of-new-york/
This case was referred to me by someone here:
http://mariokenny.me/2013/07/27/rogan-v-vanderbilt-mortgage-finance-inc-in-re-dorsey-491-b-r-464-bankr-e-d-ky-2013-if-a-note-is-pursued-by-a-party-that-is-not-entitled-to-possess-and-to-enforce-it-the-mo/
Here’s the bk adversarial opinion from 5/13:
http://www2.kyeb.uscourts.gov/opin/schaafopin/12-3010%20Rogan%20v.%20Vanderbilt%20Memorandum%20Opinion.pdf
Here you can download the appeal:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CDAQFjAA&url=http%3A%2F%2Fvolo.abi.org%2Frogan-v-vanderbilt-mortgage-and-finance-inc-in-re-dorsey%2Fopinion%2Fdownload&ei=r-kkU73kMcShogSD2YHAAw&usg=AFQjCNGx-CgQvvgMt6srTBJeJFT55io5HQ&sig2=Ov7ddpf07Q8zKgvkaylB9Q
I was pointed to footnote 5 on p 9 as applying to cases where fdic and possibly others took over notes?
Not legal advice just passing along information.
so you think someone is obtaining our email addresses and hacking our accounts ? Give me all the info you have !!! They don’t have to search for MY email account, I’ll give it to you and everyone….it’s reachth@yahoo.com
We can’t testify in each others matters even if we wanted to….. we have no first hand knowledge of each others matter.
The Fla AG is holding back right now waiting for more input and developments. Pam Bondi is one of the insiders along with the 4th District Court of Appeal, in trying to quash all the investigations into the wrongdoing of the banks and foreclosure mill attorneys – neither is doing very good at it, as it is out of their control in the long run. Be interesting to see who THEY have their investments with.
Bondi fired Theresa Edwards and June Clarkson because they were threatening the MERS system. PERIOD. The MERS system is intended to have the majority of homes owned by “The Collective”, and that’s why so many judges don’t want to buck the system…..it’s the system that put and keeps them where they are for the most part. That said, NO judge is ABOVE the law…we are ALL under it…it’s what drove Nixon out of office. Even the judge who threatened April Charney when she brought a reporter into court with her, could not dissuade her from doing what was right and legal. The judges don’t want to ruin our banking system, but by destroying our judicial system by blantantly and brazenly disregarding it is even worse…our banking system can be reformed into abiding by the law and the criminals replaced by law abiding bankers.
Don’t look for our 2014 Florida legislature to help, they’ve pretty much been told hands off.
It’s ALL OF THIS that we are fighting. The best way is to BRING ALL THE FACTS INTO THE OPEN and then apply the law. Simple as that.
tom, same with me, fannie mae and chase claim ownership, my note has never been sold/transferred as chase wants to claim. I have hearing on mon. I will try and pop in on yours. sounds right up my way. hope to meet you.
when and where?…very interested!
Are you talking to me CV4 I’d say judge Edith Millers
ruling when the two fraudulent foreclosures began
. After that I filed a petition in Federal Court in Southern District NY – case was docketed that Lane ( M.Lane) v Astoria/Fidelity had demanded and PAID for a jury trial. I have all the papers in a vault.
What we need are our Attorney Generals fighting for our Constitution. Back a while judge Edith Miller now deceased ruled for me when the bank hid my checks and when the bank made their offer she reversed herself but the NY DA was smart enough to have her retire
Tom
I went into Federal Court on a Credit type decision and Judge Louis l Stanton ruled for me and demanded i ask the bank for settlement and then when the bank came with their offer the judge reversed himself.
I guess I’ve discovered how to get rid of foreclosure mill law firms and get straight to dealing with large corporate firms. Sterns office abandoned the case he filed against me in 2008, it was picked up by ALDRIDGE CONNORS in 2012 who refused to discuss the case with me until after – surprisingly in December 2013 – setting it for trial, and thereafter switched me around to about 15 different staff attorneys until calling in the big guns at Carlton Fields (who last time managed to help me get a new apple for going after Wells Fargo).
On Monday March 17th there is a Special Set hearing to hear Motions I’ve made – including for Sanctions against ALDRIDGE CONNORS. Anyone interested can attend, although last time the public was excluded (improperly, in my humble opinion). Trial is set for the end of April, and my extensive research has turned up FASCINATING new possible crimes – including Wells Fargo maybe having forged another Assignment and possibly an endorsement… matters Feds are all of a sudden perked up about… it seems WELLS FARGO may be operating FOR THEIR OWN ACCOUNT in my matter (trying to personally obtain a windfall), which could open a massive criminal matter that COULD result in Indictments. I am pushing for the WHOLE TRUTH to come out in my matter… I didn’t think the banks or foreclosure mills wanted that, but it’s going to happen in MY case. (I AM a broadcast journalist !) With my original lender saying my loan is satisfied and they never transferred it away, Wells Fargo having obtained my original Note and Mortgage with just a simple request to the Custodian bank my lender stored it with (which could make Wells AND that institution guilty of committing financial fraud), and now nearly a half dozen entities claiming rights under my (tiny) mortgage which, if the United States Bankruptcy Court is to believed is satisfied and doesn’t exist any more, my case could just become as interesting as the Credit River decision ( you all KNOW about the Credit River decision, don’t you ???? )
Tom
It will be an interesting Monday
Go get ’em Tom! I’m getting ready for consultations and City shenanigans.
That’s right Bobbi. That’s what the banks are counting on. While they never have an ending supply of money. We the average consumer do not and I have spoke to many att us and most want nothing to do with working out a solution for both. I am done with attnys. I never was involved with Mers and maintain that chase has always held my note, mtg and the servicing. This class action is it for me. If chase does not make it right. I am getting out and moving on so I can still buy while rates are good. After seven years. I have had enough sleepless nites.
Wat you’vs said above is true for the most part, except that MERS was created as a means to avert the public records and the filin fees of individual loans as assignments. MERS was created as a ‘tracking’ station for all those loans that were bundled and sold. Most of the courts have deemed that MERS is not a lender and therefore cannot own notes or mortgages but again, those other courts have allowed foreclosures filed in the name of MERS as one of the plaintiffs. Several county recorder’s offices have filed suit against MERS for the loss income from unrecorded assignments etc. The outcome I have not seen as any penalties or justification as most of the time it is settled out of court and a small pitence of what should have been paid in the way of recording fees. Unfortunately, the recorder’s offices can’t sue them on behalf of the homeowners sine they have no jurisdiction to do so. I’ve already tried using one of those cases as proof in my own case of fraud and the judge claimed it had no bearing. And, you can’t get a foreclosure case moved to a crimminal division. It’s always considered a civil suit. And if Schneiderman had such a hard time with proving fraud on the crimminal side then what are the odds that an individual fiing crimminal charges is going to stick? NONE. Schneiderman had/has much more financial resources than we as individuals have at our disposal. This is just what the bankstas are counting on anyway….drain you down until there’s nothing left and still steal your home and all by the grace of the court system!
Bobbi….I am not saying to take these foreclosure cases to criminal courts…take the FRAUD to the Grand Jury…we are victims of a CRIME….that is against the Law….falling behind on our mortgages is not criminal…..I am urging going in another direction!! That is what I have just done after loosing in the Circuit Court and now the Appeal Court…with NO OPINION offered on why?
I will keep this website aware of what happens!!
hi you say you want to get your case into criminal court there is show on friday night randy kelton rules of radio i would love you to call into the show he has away you can get your case into criminal he has judge arrested for not accepting evidence subject matter jurisdiction let me know i would like you talk about your case let me know if your going to go on i want to listen and i bet you will be surprised on how he can give you advice to help you
@ ldynps – g to our state attorney general? Are U kidding?! Our AG (Pam Bondi) is as crimminal as the bankstas. She even had two of the other attys fired and relieved of their job b/c they opened a crimminal investigation of several law firms here in Florida. When they began uncovering the fraud, deceit, etc. they were suddenly fired! And one of those very same firms was a donor to her campaign fund. She took the settlement monies from the Mortgage Fraud Settlement Agreement (which was 50 states nationwide against 5+ major lenders) and gave it to non-profit (hahahaha) agencies geared to help those in foreclosure and the rest of the funds were grabbed up to make up the short fall in the state’s budget! Those who were harmed by the fraud never got a dime of that money. We can’t go our AG’s office for help – that’s like putting salt in the wound, but nice try for your advice. Some states (not many, but a few) have decent and honest AG’s.
You are absolutely correct Bobbi….however, that was two years ago the AG’s know more now than then. This fraud is criminal…not civil so the attention must change to go in that direction…FBI….District Attorney’s and all crime fighting departments….as long as we keep fighting in the civil courts, 99% will loose….My advice is to go in another direction, the civil courts are not helping WE THE PEOPLE….Nothing ventured, Nothing gained!!
If you have owned homes in the past, you were able to go to your bank and get a RE-FI as many of us did if we needed cash for medical issues or a new roof!! It was called a RE-FI because that’s what you were doing…REFINANCING YOUR HOME LOAN…The word MODIFICATION is a new word and the reason, in my opinion, is the bank you are asking DOES NOT ACTUALLY OWN THE LOAN and you cannot re-fi, modify, transfer, grant, assign or anything if the bank does not hold the note!…
The Bank’s created MERS in 1997 so they could bundle home loans into securitized pools of thousands of home loans (mortgage back securities) and sell those bundles to unsuspecting investors around the world. As long as the homeowners paid their mortgages, there was no problems or issues and this ILLEGAL process went on it’s merry way making more money for the banks than they ever experienced in the lifetime of being bankers!!
However…in 205-2008- shit hit the fan with the economy for whatever reasons you know or believe, ie: Reaganomics, Bush’s expensive WAR, NAFTA, outsourcing….whatever! American’s no longer had jobs to continuing paying their mortgages. When you called or went to the BANK to ask for their help, which they used to grant with no problem because that’s the way it was…you were then put into their “WEB OF DECIET” because they had no idea where your NOTE was!!! Well no shit…they bundled our valuable mortgages in with so many pools and sold them over and over again and they did this crime through their 1997 creation of MERS, WHICH IS A PAPERLESS DATA COMPUTER!!!!
So, the BANKS could no longer RE-FI loans because…now please get this straight….they don’t own the loan in order to do that any longer….
The Attorney General in Delaware, the capital of filing corporations, is Beau Biden, son of our VP, and his investigation underwent a 1 and half year time frame. He said, it took that long to come to his conclusion that…now get this cause it’s the truth…THE BANKS HAVE NO IDEA WHO OWNS THE NOTES!!! That’s why you will never get them to produce it to prove they own it and that is why they CAN’T modify a loan as it used to be….my suggestion has been to STOP faxing all your applications, electric bills, proof of income etc…they just shred it on their end because all they are doing is “sticking a pacifier in your mouth” until they can get you in court where they produce false pieces of paper into the evidence and the deal is….”THE COURTS ARE ALLOWING THEM TO DO IT”….With that said, we have lost our freedom and justice for all….Further, the banks put some 63 million loans into MERS, that’s half of all the mortgages in America and we are screwed if you are one of those 63 million victims!! We need to get these cases out of the CIVIL COURTS and into the CRIMINAL COURTS through the GRAND JURY….as long as we are fighting in courts without a Jury, we’re going nowhere fast! If JURY’S were allowed, this nightmare would be over, the banksters thrown in jail with Maydoff and our BANKING system re-designed…other than that, we are all wasting our valuable time and money fighting “the worst crime to ever be perpetrated in the UNITED STATES”…My unsolicited advice is save what money you are also wasting on Attorney’s who don’t “get it” and will not fight the Judges as they should in any other normal court proceeding because they need a good relationship with the Judges and the Courts for their own futures!! It’s worse than anything most have ever experienced as we have all been mislead to believe we have rights and freedom and justice….it’s all a lie!
Girl i just love the fight in you keep it up
And now, a word to our MERS
At risk of being incredibly tedious and boring, and as a ‘clueless pro se litigant,’ and as one who is always alert to the opportunities of betterment of oneself, and in view of my responsibility to my readership under like duress who I presume are also of similar interests, I have been reading Blackstone’s Commentaries. These commentaries do not have the force of law anywhere in the United States, other than their widespread acceptance by people in our legal community as revelation to guiding principles in the interpretation of the intent, if any, of our legislators here in the Western Hemisphere, to continually clarify the rights of man against the rare despot or oppressor. This material should only be used in open discussion with our grand or petit juries in satisfying their curiosity and interest, or in appeal of decisions that may have relied on reversible error. To preserve your rights of appeal, be sure to raise this issue with your jurors.
“The grand and fundamental maxim of al feudal tenure is this; that all lands were originally granted out by the sovereign, and are therefore held, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord; being he who retained the dominion or ultimate property of the feud or fee: and the grantee, who had only the use or possession, according to the terms of the grant, was styled the feudatory or vassal, which was only another name for the tenant or holder of the lands; though on account of the prejudices we have justly conceived against the doctrines that were afterwards grafted onto this system, we now use the word vassal opprobriously, as synonymous to slave or bondman.” -from Blackstone, Book II, Loc 8240 of 29509, Kindle, as highlighted in yellow in mine
Note the word vassal, used above as a term of apparent opprobriation. We have no slaves today, or countenance any held by others. Vassals were indeed opprobrious at the time, especially if you were one yourself. The vassals got together at Runningmede later on, and agreed with King John, by the Magna Charta, that they would be vassals no more. Maybe a little bit. A bunch of vassals voted with their feet, and went to the New World, to live free or die. They have all died by now. Prior to that, they declared to King George the Next their independence, and made their own country, with a Constitution on which we in America base all our laws currently. It has worked out fairly well, being largely well attended, with only the one War of Civility. The important thing is that, once seized from the barbarous tribes, real estate has been transferred from hand to hand for a few centuries now in an orderly and well understood manner.
Until we have now come to the Mortgage Electronic Registration System, which for instance thoroughly diminishes, debases, and disguises all definition of ownership of an acre of land in County Burnet of Texas, especially in that common early state of affairs as between a mortgagor and mortgagee. The previous owner is quit and gone; the future owner is yet to be; and the transactional cash flow is drawn and quartered to maximize the speculative yield, as much to investors in Byelorussia of a few microseconds as to a chartered Federal Depository Institution of responsible and aged counselors. There ought to be a law! In fact, there is, and it may well be unconstitutional. We have yet to judge.
Here’s a little gem from the chase class action from David Black’s post:
“Yet, Chase has modified less than a quarter of mortgages of “seriously
delinquent” borrowers; the vast majority of the balances of such mortgages are “unresolved”
with neither a modification nor a foreclosure. Olga Pierce & Paul Kiel, ProPublica, By the
Numbers: A Revealing Look at the Mortgage Mod Meltdown, Mar. 8, 2011 [hereinafter Pierce et
al., Meltdown] (analyzing Moody’s data on 300,000 subprime loans more than three months
behind, all of which currently sit in mortgage-backed securities).9 Indeed, Moody’s data reveals
that “[t]he worst [servicer] was JPMorgan Chase, where the average modification occurred 11
months after the borrower fell behind.” Id. (emphasis added).”
And we’re supposed to be the deadbeats manipulating the system.
More highlights from complaint pdf
P 76
B. Chase’s Documentation of Loan Modification Agreements and Its Accompanying
Written and Verbal Representations.
P 79
b. Repayment Agreements.
P 82
C. Chase’s Common Course of Conduct is a Result of Its Policies and Practices.
P 84
D. A Prolonged Modification Process Leads to Unfair Outcomes for Mortgagors Which
in Turn Benefit Chase.
P 85
1. Chase Profits From Increased Principal Balances and Extended Loan Terms.
P 86
2. Delaying Foreclosure is Advantageous to Chase.
P 87
3. Mortgagors Suffer Whether or Not They Are Eligible for a Modification.
hammertime, what docs are you referring with these page #s. Is this on the website for the chasemdlsettlement?? thanks.
@lms53 Yes the Consolidated complaint pdf
http://www.chasemdlsettlement.com/content.aspx?c=5774&sh=1
hello
I tried to post this before. chase is under federal court supervision in a class action that may help all of you there in California. the website is http://www.chasemdlsettlement.com. you should have received a notice If you had an emc chase servicer in the past and has one of their fraudulent modifications like I did. chase however is not giving the court the old account numbers where the mods were done on the first and second trusts by emc bear stearns now chase home finance. if you are being foreclosed on the federal judge will stop it if you had a mod done by emc chase both before and after HAMP I and II started. good luck.
I have been fighting chase for seven years and still in my home. they are really really bad all the court docs are there for you to read.
thank you!
david, have you tried to get a modification under the class action yet. the class action is multi district including florida. remember this is about chase breaching contract and they may have to go back and cure all those delinquent fees and unjustified interest. At least that’s what they call it when and if you sign a new modification and call it principal. don’t do it!
I won’t ever
Well its been so long now I can’t remember when it al started. the 2nd NOTS is unclear to whom I owe the debt. Servicer and Trustee stonewalled me and I did not file bankruptcy in time. Servicer refused to speak to me said ” talk to the foreclosing attorney” who was the trustee . Trustee said “I will not stop the trustee sale without servicers instruction so my property was sold to a developer that had been working with servicer on short sale that I refused…. so now here I am with a fraudulent assignment from MERS to BONYM which with all the proof I sent trustee it was there fiduciary duty to postpone but they did not I warned them they would be liable which they are but I now need $7000 to pay my well known attorney to do his work to reverse /stop the trustee sale soooooo folks let me tell you you even though it is illegal , full of violations , even a back room deal of violating my privacy without a 3rd party authorization it all boils down to do you have the money it takes to bring this all in front of a Judge that has a slight idea of what the hell has happened and waste another 3-4 years of your life researching all the twists and slight of hand that BOA, BO-Banks-, Bayview, Ba-Trustees-ncial, Recont–Servicers–rust, the Robosignes etc have done ….. here is the question of the day
Who is The Bank of New York Mellon N.A. ? Do they actually exist? I cannot find them, I found BNY Mellon N.A. and The Bank of New York Mellon Corporation but I do not believe that “The Bank of New York Mellon N.A. ” ( Mortgage Loam Transfer Disclosure Notice) actually exists anybody know ?
Did you file bankruptcy prior to the trustee sale? Because it should have stopped everything until the bankruptcy was discharged, at least that is what happened in our case. The trustee in our case said almost the exact same thing to us about not stopping the sale unless instructed to by the bank. Here in Washington State we have recently noticed a shift or maybe it has been going on for awhile. It seems people are starting to go after the trustee for fraudulent practices because the trustee is a part of a law firm which not only represents the bank but the trustee as well.
Similar situation with Chase. They changed trustees after they claimed they were the “attorney in fact” and were asked to prove it but didn’t, then they claimed their lawyer was in charge of sales then they wouldn’t prove their standing and changed to another trustee. I questioned when trustee started saying they couldn’t stop sales because they were employee of Chase. I made complaints with CFPB and local officials. 2 or 3 sales stopped. I complained again after the trustee was sold and they now claim they are employed not by Chase but by banks, though they “mistakenly” answered Chase. Complaints may help when there’s a homeowner bill of rights or with new people at CFPB. But yeah they are still trying to run us down.
Bobbi
What does your attny say about transferring the loan in the middle of foreclosure process. Seems like chase wants to drag the foreclosure process out further by doing this unless the right hand doesn’t kno what the left hand is doing so to speak. I have been fighting chase as long as u have but I say chase has always been the note holder, services, the whole enchilada so they can’t pull that crap on me. They probably just want to break your bank and when the money runs out. They take the house
I have a case with Chase where they claim to be everything even on previous “paid off” loan. CA Homeowner Bill of Rights seems to have forced them to provide info with major contradictions. can reach me here if you want to compare notes elsa.carter-avpci3n@yopmail.com temp email
@ Fighting in Florida – how were you able to file for quiet title if our were still in the foreclosure process? What did the judge deny and I am assuming that the foreclosure suit was dismissed with prejudice? How were you able to get that accomplished? I have been fighting Chase since 2007. My motion to dismiss was denied. Now I have an attorney handling the case since Dec. 2013 and in the interim Chase sold the mortgage to PennyMac. It’s all such a joke!
Big two hour hearing coming this Monday…
Since the judge strongly advised Carlton Fields attorney to use their ‘considerable influence’ in offering me a Modification, it will be interesting to see what, if anything they come up with this time – Wells Fargo has a history of adding garbage fees up the Ying Yang they can’t justify ( check the latest court rulings ) and giving you only hours to think about it or it’s withdrawn.
More and more fascinating things are coming out…more after the hearing, stay tuned !
John, If Wells Fargo is NOT the original lender bank and “HOLDER” of the Note, they can’t modify anything! This is the “BIG LIE”….if your Deed Of Trust has MERS on it, the banks MUST foreclose because they destroyed the notes in order to bundle them into those illegal “pools” and sold them to unsuspecting investors around the world!! That is the CRIME and why these cases need to get out of the CIVIL COURTS and into CRIMINAL COURT. The banks must get you out and sold to someone else so they can create….”A NOTE”……If Wells was your original lender, then you need to refinance it, not modify it…who ever heard of a loan modification anyway? It’s always been called a re-fi….Carlton Fields is as underhanded as David Sterns
BEWARE!!!!!!!!!!!!!!Accredited Home Lenders Company in Chapter 11 BK.
9915 Mira Mesa Blvd., Ste. 100, San Diego, CA 92131 Company in Chapter 11 BK.
Paralegal Robert Dooley 858-805-6193 fax: 858-805-6239 (Fax sub or sw to Dooley)
Treasurer: Dave Osborn Cell 858-663-2041
ADP
Automatic Data Processing, Inc, Legal Department, Attn: Alice Quinn, 1 ADP Blvd
Talk about fraud i live in new jersey one of the stars from the real house wives of new jersey she just pleaded guilty to fraud in criminal court so let me ask you question so how is it different from what she did then what the banks are doing she lied signed made up phony documents to acquire asset what the difference between her and what the banks are doing
FINANCIAL CRIMES CONTACTS LIST – November2010 Send updates/corrections to: Paul Libassi, Investigator, San Diego County DA‘s Office paul.libassi@sdcda.org 619-531-4349 ACC Capital Holdings Corporation (Holding company for Argent Mortgage, BEWARE OF Ameriquest) Diane Tiberend, General Counsel 714-347-4799 x12271 Loan Origination files: Julie Ryan 714-347-4799 x12202 Search warrant: Argent Mortgage Company c/o ACC Capital Holdings Corporation 1100 Town & Country Rd., Suite 1200, Orange, CA 92868 Testimony re: underwriting: Stephen Newcomb is the expert on Argent policies. Can be reached thru Ryan.Send subpoena to search warrant address for body
http://info.publicintelligence.net/FinancialCrimesContacts.pdf
Tom,I know that Chase was the originator and the owner, servicer and everything else that had to do with my loan. Fannieand Freddie is just a façade. Chase breached contract with me, not one but two and have stalled me ever since, knowing this class action would get them for breach of contract. I too have high powered attnys on my case now. They assign them to your particular case when they get scared. Plain and simple, they breached a contract and now they have to renegotiate with me, although I still am proceeding cautiously. Chase never made an assignment of my mortgage so they can tell me all day that some fictitious or otherwise group of investors hiding behind fannie mae own my note but I know Chase owned it from day one and still holds it. Now they want to claim fannie mae owns it because of the liability attached. Who is currently your judge in broward. I am going to call you. Maybe we can be a witness to each others case. I am going pro se until I see how this class actions pans out. also this website is being monitored. someone has got into my emails since I became a part of this website. there are some pretty sharp people networking here and we need to stick together.
All the Broward Courts allow you to see is the Docket, not the original pleadings like Pacer. It’s a waste of money, I have the up-to-date Docket and can furnish it to anyone free of charge.
My file is VERY thick, 6 or 7 volumes…then you can add another 2 inches comprised of what Carlton Fields supplied me TWO DAYS BEFORE THE TRIAL WAS TO START. This is the type of misconduct that plaintiffs attorneys and courts are engaging in, to prejudice and disadvantage Homeowners so they don’t have the right to see, OR CONTEST, what they are going to rely on.
If there is fraud in a case, that fraud stays after the case is decided one way or the other. It’s up to the Homeowner to discover and document the fraud. A judgment obtained by fraud on the court is typically unenforceable under common law and public policy, but certainly more can be done after the foreclosure. Courts are basically GUESSING the Plaintiff is the right person and the figures are correct…they know there was a loan and it wasn’t paid after a certain date – period.
They RELY on the Plaintiffs presentation…it’s a rehearsed script, they just go through the motions, so to speak ( a little humor there ).
These are the Big Boys and Girls. Unless you arm yourself to the teeth with facts, smoking-gun proof and the law, and point out to the judge WHY they have to rule in YOUR favor, the court takes the professional lawyers presentation as having done just that. If you turn to a judge and say “They didn’t do this so they can’t do that, isn’t that right Mr. Plaintiffs Attorney ?” THEY’re likely to lose just because THEY didn’t do as professional a job as YOU.
Truth SHOUTS, but if you don’t utter and SHOW the truth, it’s not going to do you a lot of good.
What’s apparent is that all the bad docs Stern and the others put before the courts is trying to be undone, and everyone in the courthouse is looking the other way, and will probably continue to do that until people get aggressive enough to file enough documents and get enough testimony to SHOW THE FRAUD THE BANKS HAVE ..and still are.. PULLING.
Now the question is, all these foreclosures that have been allowed with fraudulent documentation are supposedly nullities …which means Homeowners have recourse AFTER foreclosure, if not to get the property back, for damages… butt this again takes PREPARATION, DOCUMENTATION and a very good professional PRESENTATION to a court.
Easier, might be to try to get your facts in front of a local, state or federal Grand Jury or Attorney General who can do a lot of the work and even get orders to compel restitution, which has already been done to a small degree already.
Everyone needs to consult a SKILLED trial ( or Appellate ) attorney in their own jurisdiction who knows the ‘ropes’ and the players. Get your options. Get your “BAR” ( what YOU have to prove ).
Only then can you adequately assess your different possibilities and possible outcomes, and really KNOW the amount of effort it will take. That’s the FIRST thing they did when they decided to invent the automobile and go to the moon.
You have professionals, well educated and trained, and judges who know the game and pretty much just go along with the flow, but out there are judges and attorneys, and prosecutors, who WILL say “this isn’t right” and finally do something to stop the misconduct…… right now, they just don’t want to collapse the banking system – which it might be too late to stop.
Producing a huge pool of uninsurable homes which then can’t be sold or borrowed against is really something judges should consider and be more afraid of than going against a bank for trying to make too much money through trickery and deceit…. and committing felonies… MULTIPLE felonies… PLANNED felonies…. conspiratorial felonies.
Wonder if the people involved in all this mortgage and foreclosure fraud owed YOU money…would you go after them for it ? They’re counting on your answer being NO, and so
the beat goes on.
There’s an election in November. Have YOU talked to YOUR legislators lately ? Don’t you think you SHOULD ?? ..and turned your evidence over to LAW ENFORCEMENT ? ( keep the originals of you ever want to see them again )
Tom, come see me. I am down town Fort Lauderdale. I am NOT a lawyer but do help one or two appellate attorneys figuring out the worthwhile appealable issues in foreclosure cases.
I don’t like posting my phone number on the web because I don’t want people calling up trying to sell me junk, or clueless pro se litigants from other states. But since you are local know the first part, 9xx followed by 728 and the last four digits are 9351.
Tomorrow would be a good day. This would be a good week. Next may be crazy depending on how two different DCA’s rule.
For all those new to this struggle, what Tom has written is a very good account of what the “reality” is in regards to these foreclosure issues. We can scream Fraud and we can scream Robo Signing and a handful of other injustices but the courts are not offering any relief or ruling based on law at the moment, whether or not you supply them with the truth and documentation. This Ponzi scheme is just too big and well organized.
As to converting to a criminal proceeding: hard to do. You have to get in front of your District Attorney and show them the forgery and wire fraud in executing bogus assignments of mortgage.
You may also want to go after your state attorney general with a “Writ of Mandamus” charging them with failing to discharge their duties to protect the citizens from statewide crimes.
NO body want to be on the hook they file dirty deeds at the clerks office all the time dose anyone go to jail .They robo sign papers make up documents is that not a criminal act everything about it is fraud and the intent is to steal or acquire an asset base on fraud i wanted to fight the fight but i feel like the wind has been sucked out of me because how bad these courts are you have no chance even if you have been screwed by the banks the courts are going to look the other way i thought i had good case spent money to get my loan analyze flow chart how the the assignments were never done pay to the order of all that stuff i feel like it was waste after reading these post about the courts just pissed make me sick
So am I to understand you have NOT gone to Court yet? If you have gathered the fraudulent documents robo signed assignments and if you paid that ridiculous fee for a company to check in the SEC website to find what TRUST your loan was bundled up with, then you have evidence of fraud and at least you haven’t wasted your time in the merry go round Civil Court system… Scan whatever documents you have and keep them in a file. Please don’t walk away John…it is very upsetting, we all are going through it…Let’s just try a different direction. I attempted to file a complaint with the DA in California and they sent it back saying it was nothing they were investigating. The Attorney’s Generals in all 50 States cut a deal for the 13 billion dollars that the banks paid and we homeowners were supposed to be paid something…I got $500 for my $400,000 robbed house!! Instead, the States are using that money to fix their roads, bridges and their State debts!!!
This my friend is the worst crime to ever be perpetrated on the American people and nothing is being done….YET!!!
To get to a grand jury- Look up your local FBI office. Go there with your computer and all your supporting material printed out, and a usb stick for their convenience. Buzz the buzzer and wait for the agent. Say ‘I’m here to report ongoing criminal activity in your jurisdiction.’ Go through the metal detector and out the other side. You’re now in a peaceful little office, you can assume sound and video is in use, you don’t need to take notes. They are excellent in dealing with confidential informants, and you can discuss your situation at great length. Turn over all information you have toi date, They have 60 days, then they will inform you 1) Hey, thanks, for coming, we’re all over this, don’t worry, we’ll get ’em; or 2)Hey thanks for coming, you’re the first relator, we’ll go get thes guys, you’ll get a reward soon; or 3) Hey, thanks for coming, you’re the first relator, we wish we had more time, would you by any chance be willing to lead or participate in investigation and case building under a special prosecutor, we’ll pay expenses, you’ll get a reward whenever we get done? If you’re worried, keep your mouth shut and go in and out the back door. If you’re not worried, put everything you have up on a website for all to see, watch your unique visitors come and go, make as much noise as possible. Get ready to catch the rats.
Arizona Appellate Court Decision Finding Third Party Payment Discharges Obligor under the UCC
KATRINA PERKINS STEINBERGER, as Executor of the Estate of Charles A. Perkins, deceased, and individually, Petitioner,
v.
THE HONORABLE MICHAEL R. MCVEY, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of Maricopa, Respondent Judge,
INDYMAC MORTGAGE SERVICES, a division of ONEWEST BANK, F.S.B., a Federally Chartered Savings Bank; DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR14; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation; QUALITY LOAN SERVICE CORPORATION, a California Corporation, Real Parties in Interest
I always go back to paragraph nine of your note that says “endorsees” are liable under the terms of the note.
Not legal advice, just the rantings of an out-of-control Dago
READ MY LIPS:
YOU WILL NEVER HAVE A JURY IN ANY OF THESE FRAUDULENT FORECLOSURE ACTIONS!!!
In reading some of these post, I see many of you have NOT gone to Trial and if you think the fraudulent practices by the banks are unbelievable….the worst is yet to come when you walk into Trial expecting a JUDGE to understand the illegal activities the BANK has done!!! The JUDGES hear the same stories 50 times a day from frustrated homeowners seeking JUSTICE under the US Constitution…..WRONG! The Judges are totally in on it! They hear YOUR STORY over and over, every single day, yet, the side with the BANKSTERS…NO MATTER WHAT EVIDENCE YOU HAVE FILED AS PROOF………………………
I pray you people are “getting it” that if just ONE homeowner was allowed a JURY, this nightmare would be over years ago! The CIVIL Courts are as corrupt as the banks as well as the lying Lawyers that represent them….even Lawyers that you may hire will get NOWHERE….when you pay an Attorney to fight your case, all you are doing is paying that Attorney’s mortgage payment! They can’t win because the COURTS are not giving you your civil rights to a JURY TRIAL….
This unbelievable attack we are under is criminal and this illegal activity must be in a CRIMINAL COURT and out of CIVIL…..we can’t win in CIVIL!!!
Tom “gets it” and wants to bring as many FLORIDA cases to the GRAND JURY. If you are in FLORIDA and no matter what stage you are with your fraudulent foreclosure matter, please call him and get onboard. Don’t waste anymore time thinking you have proof of fraud and the Courts will “get it”…they already “got it”
We are heading in a different direction with a Grand Jury…now if that doesn’t work and the Grand Jury is as corrupt as the Civil Courts, we can kiss our American way of life “good-bye” We will become a homeless America…..elyse@gte.net
how due you get it out of civil into criminal court for grand jury please explain i feel helpless after reading your post it sucks i might as well just give them the keys to my house nj
John,
It is certainly not my intension to just give “THEM” your keys! I have always urged people to NOT LEAVE THEIR HO– USES! What I am suggesting is to educate yourselves that there is no justice in the Civil or APPEAL courts. I believe I gave TOM’S phone number for you to call so please do that…I believe we can file our Complaints to a Grand Jury Of The United States because it is a National crime in every State.
Where are you at in your case? Have you had a Trial yet? We are all in different phases of the corrupt system so please email me or Tom what your story is….we certainly hope “OTHERS” will come forward as well….we need dozens and dozens so we can get their attention!!
Don’t give up John…after 5 years I feel there is a new direction with actual JURORS!!! It’s got to happen sometime…so why not now and why not us??? elyse@gte.net
Take your victories – even small ones, that you deserve.
On February 25, 2014 an emergency hearing was set, carried over from Feb 24…the Trial was scheduled for two days later…Feb 27.
When The Law Offices of David J. Stern, bailed and abandoned the case they filed against me nearly six years later, on Feb 25 of this year, Stern’s replacement ALDRIDGE CONNORS bailed and abandoned the case as well. [ I counter sued BOTH firms. ]
They were replaced, once again, by Carlton Fields…. high powered litigation firm.
My victory was when the Judge on Tuesday turned to Michael Winston of Carlton Fields, and said ” I know this is going to upset you, Counselor, but Mr, Heinrich is entitled to have all his Motions heard and the trial set at least 45 days in advance” and set a new hearing for March 17 and the trial for April 23. My witness and document list takes PAGES. I am prepared.
At least I know how to get rid of the foreclosure mill attorneys and deal with attorneys who really are good at what they do, and teach me to be good at it, too ! And after being allowed to sue Wells Fargo de novo ( given a BRAND NEW APPLE !!!), this new judge’s seeing the light, the truth, and the law, has encouraged me that there are STILL some people that abide by the law in the judicial system.
Mr. Winston paid me a compliment, too when he said “I never thought I’d see YOU again”.
I’m hoping we can communicate well with each other and arrive at a resolution to my interesting situation where the original lender, according to the U. S. Department of Justice Trustee, is still the owner of the Note and Mortgage and has agreed that my loan is now retired and zeroed out, which MERS records show is the case as well.
Plus I’ve ALREADY GOTTEN A CHECK FROM A SETTLEMENT FUND ACKNOWLEDGING the servicing of my loan was mishandled, and can make a claim against the multi-billion $ fund Florida has been given for people like me.
The tunnel has been long and dark, but I can see a glimmer. I’ll take it !
@:ldynps. Am an activist assisting a client and her attorney. We actually got a Jury trial scheduled for later this year. You said “…SEC website to find what TRUST your loan was bundled up with..”. We located the PSA docs and 8-K filings, but do you know someone who can find the documents (insurance payouts, securities etc), highlighting the rest of the money trail? They would be paid for their efforts. Btw, thanks for all your posts!
Well I have an experience of -0- trials and right now I’m pro se. I see in the literature that -0- juries have ever had a chance to sit on a mortgage issue, I can only suppose that is because at some point the two parties reach an agreement of some sort. My required Alternative Dispute Resolution meeting with my lender was unsuccessful. I’ve just completed the mandatory 60=day period to give DOJ mandatory first right of prosecution. I have a plan to bring my own one case to trial; the only question I will have for the judge is “Where’s the Jury?”
Came across CA HBOR flyer today and it says “…the Attorney General’s Office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.” Anyone familiar with or interested in comparing notes?
In the many Trials I have been in from California to Florida over the past five years, no juries have ever been allowed to rule on Any of the foreclosure matters so I don’t know what your experience has been but I have DEMANDED A JURY trial and it is never granted. A jury would “get it” within the first few minutes….please share your experience other than quoting that you can receive a jury or waive it? Juries would end this corruption in a few minutes!
Lets say we get a Jury. What do we tell them so they can see what the banks are doing?
A jury has a wide ranging freedom of action to identify a problem, and implement a solution. My case is completely public, and all my potential jury exhibits are on my site for review by anyone. When the jury goes home, they might drive by some blighted housing that used to be owned by people and is now lender owned. They can perceive the difference. They can look at the property tax roles and see if property values are rising or falling, and if the little school can hire more or less teachers for their kids. I was thinking of taking my jury on a field trip up to Detroit one day, possibly arrange a luncheon with the mayor. I will certainly bring in some of the homeless people around Austin who used to live in houses.
You’ll never be allowed a jury! This is where the homeowners would have been winning…this must go to the us grand jury!
Yes the right to a jury trial is complex. Your case must exceed $20 in value.
http://www.jstor.org/discover/10.2307/794697?uid=3739568&uid=2&uid=4&uid=3739256&sid=21103653531523
(many other entries in google, ‘right to jury trial’)
If it is not available in one venue, I think it would be a good reason to ask to change venue. Ask if the judge would like to recuse himself. Certainly grounds for appeal.
As a matter of fact, ALL of my professional counsel has advised me “Why don’t you just pay?” Another reason to get a jury.
Dose this make sense on my notice of assignment sale or transfer of servicing rights your lender FGC commercial finance DBA fremont mortgage has assigned sold or transferred your mortgage your new servicer is fremont investment loan your lender dose not service loans and dose not accept payments your new servicer will start accepting payment at closing did they sell the loan to back to themselves sounds like the same company they are out of business seems like they secutarized the loan got paid and sold back to themselves as i said they went into bankruptcy then my loan was was transfer to CMS who i could not find any record at the county clerk office and now DNTB is trying to foreclose what due you think dose not smell right to me
Bobbi, I did not mean to imply that all the ones not paying are deadbeats, but there were people that bought with little or no money down and adjustable rates that once they started resetting, people were in over their head. People were not looking long term and they should have been. Frankly they should have not ever qualified, but that is part of the fraud yes. I consolidated a note into my primary when I refinanced with bankster chase. I lost 70k when I sold it, but today I am not upside down, and yes I will admit it I made a bad decision when I asked chase for a loan mod, but I thought the govt was on the homeowner’s side, wrong again. That was the vulnerable side of me, believing that the govt was there to help us, but has only helped the banks screw all of us. This entire mess is a vicious cycle and the govt is at the top of it. I understand a lot of it, but I want to stay in my home for now. I bought it with the intent to stay here till I died and now because of what the banks have done, I will probably die sooner(all the stress), but I am going to fight for as long as I can because I am a fighter and this is my son’s home as well and yes I still believe in fighting for what is right.
Tom and I also talked a while ago. Yes, these are criminal acts comparable to robbing the local convenience store at 0200 every am. If the robber makes an agreement to give the PD some donuts, he won’t even see a police car in the lot. EACH criminal, in EACH state must be identified and prosecuted. I walked in to the local FBI in my Western Texas neighborhood 60 days ago and laid out my confidential information so I wouldn’t be interfering unknowingly with an ongoing investigation; apparently I’m the first relator in my neighborhood. Read the qui tam rules and you can also earn significant reward $$$. The OCWEN consent judgment is posted on my site and is a good precedent in all 50 states that we can use since 12/13/13. We need to teach juries as we go, they are the key in the American Justice System. It works!
who said “Derivatives are financial weapons of mass destruction… potentially lethal. — ”
s
u
r
p
r
I
s
e
.
.
. it’s — Warren Buffet..the WELLS guy !!! interesting, very interesting, very very interesting
I have been having a discussion with a friend about this very subject. They way I put is someone needs to ask one of these judges if they can borrow the judges checkbook, sign the judges name to the check and then cash it. I would get money that doesn’t belong to me…and then what happens to me? That’s right I would be sitting in prison for forgery, etc. The fact that big banks continue to get way with these types of schemes is amazing and at the same time not surprising.
The Courts will not use a jury Dangerousdave. Had a jury been allowed, this would have been over many years ago!! We must get out of the Civil Courts…it’s criminal! I attempted to file complaints with local District Attorney, The FBI, the Department Of Justice and even our Sherriff…THEY WILL DO NOTHING!! Not one of those departments did anything…The Grand Jury and allege the banks and their attorney’s are involved in an ongoing criminal enterprise….It’s Called the Rico Act and that is our last hope!!
On the title page of your plea, there is a spot “Jury Trial Requested” It is yours, UNLESS YOU WAIVE IT!
@ lms – your ‘to whom it may concern’ makes me believe that you don’t undertand the law. Any contract legally binding is applicable to all of the laws and statutes of the originating state. While each state has it’s own set of laws for foreclosures, it is still a contract, just like the purchase contract you signed when you bought your house. For you to enter a loan mod only gave them more power to short circuit your defenses at a later time. They did, didn’t they? And it’s all about the money; not the law. They have been able to sidewind the courts and the judges and if you stop to think about it, who is donating the most for the re-election campaigns for these judges? As the old saying goes ‘don’t smack the hand that feeds you’. I don’t believe that any of the people posting on this site are ‘deadbeats’ as you propose just because we want the court system to work WITH the laws and abide by them as well. If you were to rob and steal you would likely get jail or prison time. What’s the difference if it is done by a banker? You’re drinking the same koolaid that’s been fed by the media and government officials. Who supports both the media with financing and government elected officials on re-election? You honestly think they are going to tell you the truth? Losing your job was a product of the economic crisis, correct? And how many Americans lost their jobs from this crisis? Not their fault, right? Nobody intend to be a deadbeat and honestly I hate that word. We were all hard-working people trying to make a better place for ourseles and families. Now, we want what is constitutionally granted to us; fair treatment and adherance to all laws in the court system. Corruption, deceit, manipulation, fraud, robo-signing and the like are rampant. It’s time that whoever has the gold makes the golden rules! You don’t have to pay what you don’t owe! There was no money….ever….only paper and that paper was turned into a securitized form of a product that was sold for more $$$. If not securitized, then likely by now they are backtracking to try to comply with local/state/federal laws in order to take your home. BEWARE! Being this gulible makes you the PERFECT target.
I will repeat that these cases do not belong in the CIVIL COURTS…its not civil, it’s criminal. Go online to your STATE Attorney General and file a complaint online and then send your evidence of fraud, forgery, misrepresentation of an unknown bank attempting to steal your home etc. We are all loosing in the Civil Courts…try another direction because the Judges are siding with the banks as ordered…by who The Banks!! Go in a new direction people!!
Just had a wonderful conversation with Tom in Florida and I am writing today to urge any and ALL homeowners under attack by the criminal activity of the BANKS, in our Florida Courts and the further criminal activity of the Attorney’s who represent them to contact him so we can fight this in another way!! What is going on is CRIMINAL…NOT CIVIL!!
These criminal are winning in the Courts because we are fighting on their playground and they are in charge. We MUST bring our cases to the GRAND JURY and take this criminal activity to another playground!! The RICO ACT is defined as “an ongoing criminal activity”…this is the “tool” used to bring down the Mob and other criminal acts…
PLEASE, if you are in Florida….CALL TOM (954) 882-0009….we need dozens of cases to make an impact and to finally be heard…We need to GET OUT of the Civil Courts!! We cannot win there!! Elyse (elyse@verizon.net)
I am with you Tom You have my phone#
I would like to be in personal touch with as many of you as possible, ESPECIALLY IF YOU ARE IN FLORIDA as I am working on many things and you are an important piece of the puzzle !
my cell 954 882-0009
my e: reachth@yahoo.com
Tom, my husband and I have been in litigation for 6 years with BAC. He wanted to speak with you to see if he is missing something here. It is true that the bank did try to make up some type of modification. But like you mentioned. We thought it was a sham not having the rights to modify something that was not theirs to begin with. They keep sending me modifications with all kinds of made up numbers on how much they feel we should own. We went for quiet title and the honest Judge denied and dismissed with prejudice. So not sure where to go from here. How does one ever get title?
Thanks for sharing !
It’s this type of information and document sharing that will tip the scale in bringing justice back !!
Tom
The bank never lent you money…you qualified for credit and an insurance policy was paid betting you would default. The bank filed for that insurance claim and were paid in full… now they have sold your paperwork (no note or mortgage) in bundles of hundreds of thousands of other American homes selling them to unsuspecting investors around the world as security backed American mortgages! Let’s just tell it like it is shall we? Don’t leave your homes….it’s been paid for many times. Just say in folks….elyse
Hey Elyse, what State are you in, besides Frustration
Florida needs to come together now because we are still high in foreclosures and something tells me with all that bad weather up north, they will be coming to steal our homes a lot faster. no really, maybe this was part of the plan because look at all the people leaving new York because of the high taxes and where do they flock to??? Floriduh!!!!
I am just wondering if anyone has seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
You need to learn how to use PACER !!! and of course a quick call to Counsel works.
Nearly all courts in the U.S. allow you to pull up Dockets online now, and you can always call the Court Clerks office or Judges clerk to find out what happened.
@go get them: you missed the part about wanting to pay THE REAL PARTY IN INTEREST, ENTITLED TO ENFORCE THE NOTE AS A LEGAL HOLDER IN DUE COURSE, AND THAT THE NAMED MORTGAGEE (who they will want you to re-affirm with, as there are no valid documents supporting the “alleged loan” in the first place) WILL BE ABLE TO TENDER A VALID SATISFACTION OF MORTGAGE AND SURRENDER THE MAKERS’ NOTE.
and another question: why would you want to continue to pay on the note and mortgage if there was fraud? I’m off to the 7th Circuit, and the two, make that three, prior jurists, REALLY DON’T WANT TO ACKNOWLEDGE FRAUD because they would have to put plaintiffs’ attorneys in jail. Sorry guys, it’s all fraud and racketeering at this point.
hey, you can always refi and hopefully get with a more legit mortgage co. In my case, this Chase mdl settlement is pretty much all I have left unless I file bankruptcy and I don’t have any debt except my home so I don’t think that would work too well. of course I am open to suggestions. I am done with attorneys and their bs talk.
I chose to file CH 13, since I had only house debt. That worked excellently. I chose to pay off early, but I could have taken years.
you are RIGHT ON
sooooooo…. let’s help put the fraudsters in Jail ! EDUCATE THE JUDGE. DOCUMENT, DOCUMENT, DOCUMENT.
PRESENT, PRESENT, PRESENT.
You DO know how to provide the U.S. Attorney’s office, your state Attorney Generals office, and the Justice Department documents don’t you. If we don’t give it to them, who will….
Has everyone forgot this is why Grand Juries were formed ?
A son of mine was considering running for mayor of a major western city and I as an independent in a 50/50 split congressional district here in Florida with a one term incumbent in it, thought we’d get some national press as a father/son – he’s decided to wait a few more years.
I’m a behind the scenes person who likes to make things happen. I have a face for radio.
I wouldn’t mind getting 34% of the vote to collect my congressional perks (just kidding, well sort of, they ARE outrageously good !!).
But I’m dedicated in the long run to recruiting independent middle-roaders in all congressional districts and statehouses…non-partisan unaffiliated good decent people who aren’t afraid to do what’s right.
The question is, why don’t YOU run for something and I’ll help YOU, – I’ve run political campaigns on all levels before, and know a lot of people…..and even more know ME.
I like to get balls rolling, and watch them go downhill
Hi tom what i think you are doing is great i live in nj grew up in florida when you case dose go to trial i would love to see and watch and learn
Hi John, it was my experience that the Judges do not allow “people not involved” to remain in the Courtroom!!! Further, there was NO COURT REPORTER provided as in any other Trial (drunk driving, speeding etc) and to call around the local Court Reporters, you realize they will NOT let you hire them using the reason…”We only work for Attorney’s”….it’s an underhanded play so the Courts are siding with the Banksters knowing full well that an Appeal will never be accomplished without the Trial transcript!! There is no Justice in the Florida Foreclosure Courtrooms!!
Contact me Tom
How
(my impression of Johnny Depp playing Tonto)
Rock man enough (a nod to eastern eu today….fracking apart).
I am filing as friend of the court against met life bank….rust consulting..ringert law…
Your outline…incl wld wld west label is dead on…add my experience in boise idaho…fed judge is mayor’s brother….he dialed in 20 min late…the judge not the big guy. Yeah I was there w $60,000 in checks…..no dice….I was a deadbeat in his eyes, I mean ears. Federal court….look it up…get the play by play…..MetLife Bank v. Trevor D Hitchin….will post once I purchase. Pce all..777
You’re dreaming if you think you’ll get anywhere doing this kind of crap. Litigate, litigate, litigate, that’s all they understand. No good faith bargaining, no admittance to fraud, look up “over-servicing”, The money they spend on lawyers is not their own. The judges are indeed instructed to cock-block every homeowner at the door, and it starts with the procedural bushwhacking that bypasses your evidentiary hearing. Judges in Wisconsin are writing law from the bench. They don’t want to hear the law that is already on the books. We’ve charged the lawyers with forgery, fraud, racketeering, and the judges say “you can’t challenge the endorsement stamped on your note 7 years too late”.
going on 6 years of fighting foreclosure fraud. welcome to the wild west.
As Heinrich said we need to work together as this blog and others have tried to get us to do at some level. Besides litigation the worst thing for the banks is bad publicity. It’s the main way we got help for veterans and homeowner bill of rights. We have to all weigh out our situation individually but the more pressure we put on public officials, the courts and anyone we can will make a difference and show black isn’t white. Glaski in CA and Romero in NM are good examples.
Courts are issuing UNENFORCEABLE judgments…they do it ALL THE TIME and violate the Canons of Judicial Conduct…. they figure few, if any, will challenge what they do*, but a judgment obtained by fraud is NO GOOD, period…you just have to PROVE THE FRAUD.
So once an assignment or endorsement appears .. IT’S DISCOVERY TIME !!!!
Forensic examination and testimony by the correct people involved FIRST HAND in how and who did what should get them heading for the doors…these are FEDERAL AND STATE CRIMINAL ACTS of manufacturing fraudulent financial documents. Time to head to a Grand Jury near you ! A judgment of forgery should do the trick.
Foreclosures completed YEARS ago can be attacked and declared improper and overturned.
* ATTORNEYS have to work with these bad judges and their kin in the judiciary, so judges intimidate them from being too assertive. The antidote for this is to MOTION, MOTION, MOTION and get specific findings of facts and conclusions of law…things that are overturn-able.** Facts and conclusions can be found to have been wrong, you JUST CAN’T REMAIN SILENT, or you assure you’ll lose.. They know that – it’s a VERY corrupt system, third world justice or even worse.
** When you find and prove the fraud, you have a WHOLE NEW SET OF PEOPLE TO SUE.
The judiciary is being destroyed by the courts being afraid they will spawn a complete meltdown of our financial system…..they KNOW they are giving windfalls to un-deserving plaintiffs..it’s up to YOU to stop it in each individual case – some judges will actually respect you and silently cheer you on, they’re not all bad…they’re just caught in a crisis I think most would like a way out of… there’s not a judge out there that doesn’t know that consumers are getting screwed left and right…they went to law school..they KNOW, believe me, they KNOW..
Tom
To whom it may concern, I consider myself a responsible homeowner that is not looking for a freeride of anykind. I took out a mortgage and paid a fair price for my home. Today, I am no longer upside down. However, when the financial crisis happened, I became unemployed and could no longer afford my payment but I immediately tried to work out something with my bank and I thought I did. I am a part of this Chase multi district settlement. I worked hard to get a modification in 2010 and thought I had secured one only for the bank to renege on it 6 months later over some ridiculous reason, claiming the permanent modification documents were never uploaded in the system, what a load of crap. Listen people you can claim fraudulent documents all day long, but we all have to pay someone so may I suggest if you are going in the courtroom claiming you are not paying because of fraudulent document ( which I know there are, but you still have to pay), your argument should be that you want to pay, but you need a reasonable workout. Forget about lawyers, their mindset is to drive you thru the foreclosure process and get their 500 per month until they are done, then you are out a house and your money. Wake up people and stop complaining about fraudulent documents. If you want to stay in your home, keep working on a payment plan and get in front of the judge. Don’t be a deadbeat unless you want out!
hi everyone
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Hello, I received a notice claiming I am a part of this latest class action, I refinance with chase back in late 2006, but my loan # has always been the same since I made the BIG mistake of refinancing with Chase. I am hoping for new modification and a lot of principal forgiveness.
I am just wondering if you have seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
david, are you a part of this mdl settlement and have you tried to get a modification since you were identified as a member of this settlement. I spoke with one of the attorneys, Gary Klein that is representing the plaintiffs (Us) and he was very nice and helpful and told me that foreclosure proceedings should stop if you are trying to get a modification, also according to the settlement, this is supposed to cure delinquency. Wargo French are the attorneys for Chase on my foreclosure and they are still proceeding with foreclosure and the way I see it , a federal lawsuit should take precedence over the corrupt broward county courts and I FULLY intend to bring this to the courtroom with me and make the judge aware.
DAVID, HAVE YOU TRIED TO GET A MODIFICATION SINCE THIS MDL LAWSUIT? THEY ARE SUPPOSED TO GET RID OF DELINQUENCIES WHICH COULD MEAN BIG BUCKS. I TOO AM PART OF THISSETTLEMENT. WE CAN ONLY HOPE!
david, they did the same thing to the homeowners with GMAC/ResCap/ALLY bankruptcy. Claims could be over 10 billion, they put $54 million in the Borrowers fund, something like that.
How is it that Bayview Loan Servicing had a trustee sale for my property im 2012 with BONYM I stopped that one andthen15 months later thy file another one trustee orps tells me my creditor is Freddie Mac THERE IS NO WAY I CALL Freddie mAC no THEY DO NOT HAVE MY LOAN Bayview fabricated the creditor after sending assignment of deed of trust (5 years after trust closing date it is robosigned sent trustee signature sheey with 8 SIGNATURES sent a bunch of fraud and they still sold my house I have lived in 17 years to who? for what? Come on this is sck. Servicer would not tell me anything trustee would not stop the sale then sale price drops from$255,000 to $190,000 well somebody made some $$ today what a rip off does anyone know where to go from here? certainly not the government certainly not our representatives so who?
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
For those who do not know, I have been in the real estate and mortgage industries since 1965, and for many years produced and hosted a weekly radio program called REAL ESTATE FINANCING TODAY on the Money Radio Network that Buzz Schwartz founded, which Buzz sold…. (and it subsequently went defunct under the new [Chinese] owners !).
I am a zealous advocate for justice, having taken on my own industry in the late 1960’s which led to outlawing discrimination in lending. The term REDLINING was coined in my offices with a map that a Savings and Loan rep took a red marking pen to, going street by street to outline where they no longer would lend due to the influx of minorities.
Taylor Hackford and PBS approached me to do a documentary, which was used by Congress to federally outlaw what California, my home state at the time, was the first to make a crime.
NBC followed suit. My original lender was PEOPLES CHOICE HOME LOAN. Dateline NBC has done a bang-up job in a fairly recent documentary that featured them. Look it up, it has great info in it on things, ahem.
I have reported and written articles on legal matters since I was in high school. I read Appellate decisions every day. Now that I am retired, this has become my first love ( after my wife and kids and their families, of course ! )
I have become a bit of a Legend in the Broward County, Florida judicial system – having just sued the judges and staff for misconduct. I have also sued the law firm ALDRIDGE CONNORS that took over from The Law Offices of David J. Stern, who originally sued me for foreclosure just before my supposed new loan terms were set to kick in back in March of 2008 – but who then abandoned the case. I have also sued The Law Offices of David J. Stern and Stern himself ( who now is involved in a Hamburger chain BTW – not flipping them like he did other things, before he got disbarred …which took WAYYYYYY too long, but that’s another story I can give you all the inside poop on, which is exactly what it was)..
Now guess who’s back in the lawsuit. ALDRIDGE CONNORS has brought in the prestigious corporate firm CARLTON FIELDS, and assigned Michael Winston – who defended WELLS FARGO when I sued them at the time David Stern filed his foreclosure suit against me, and whom WELLS FARGO paid boucuotte bucks to, only to have the courts, including Florida’s Fourth District Court of Appeal, uphold my Unprecludable Right To File A New Action Against WELLS. [ “4D” did not want it worded “Judicially Precise” however when I asked them to remand it for proper wording…interesting. I guess convoluted is OK in Florida’s courts ! ] You can’t be TOO upset when the courts hand you a brand new apple ‘tho, can you !!!
Michael also, as part of his defending against my action, filed the infamous “AMERICAS SERVICING COMPANY IS A DBA OF WELLS FARGO BANK, N.A., WITH NO SEPARATE EXISTANCE OF ITS OWN” in my lawsuit – which of course I got to as many people as I could and they came down (semi)hard on WELLS and now require them to identify ASC as a dba of WELLS FARGO
( ASC are Wells Employees in Wells buildings on Wells phones at Wells desks getting Wells paychecks – I do good research, huh !! The OCC refused to accept complaints against WELLS for what they did using their bogus “ASC” alias…collusion anyone ??? ).
Anyway, it seems when ALDRIDGE CONNORS surprisingly set my case for trial for Feb 27, 2014 in December 2013 and I filed numerous Motions which were set for a Special Set hearing on Feb 7th, on Feb 7th the hearing was moved to Feb 24th, 3 days before the Trial !! However, instead of giving me a judge-signed Order of the continuance, right through Feb 24th the Court refused to GIVE me the Order resetting it…AND refused me my right to LOOK AT THE FILE !! On Feb 24th, the court THEN set it for the FOLLOWING day, Feb 25th, TWO days before Trial.. I still had not been allowed to see the evidence and exhibits Stern and ALDRIDGE CONNORS kept from me since March 2008.
Michael Winston and I spent all Tuesday afternoon in the Broward Circuit Court. The Judge finally reset the evidentiary and Motion hearing for March 17th and Trial for April 23rd, however the Judge STRONGLY suggested Michael ( a very brilliant Appellate lawyer, published and respected in Florida ), recommend to his client they make me an offer.
We’ll see.
I had a Court Reporter at the lengthy Feb 25 hearing if anyone is interested to seeing what being before a judge and arguing a matter is all about.
I would LOVE to discuss and share what’s going on with anyone who’s interested. This is a war of economics and the battlefield is the court system FOR NOW…it’s PLANTED with land mines for self-represented, however you need to know how its played or you lose…its rigged against you. The REAL battle will be law enforcement, legislators, and Grand Juries. We can help it along by sharing…[ after all, “THEY” are super-organized, why shouldn’t WE ]
Anyone who wants to get in touch with me can do so at reachth@yahoo.com
BTW, planting certain words in ANYTHING you post or send over the web gets you into the Homeland Security intel system, so I just want to say HI to my friends in Homeland Security and remind them to keep track of EVERYTHING having to do with the International Banking Cartel’s games and pass it around, ok guys ( n gals) ?
We’re going to win this one for the Gipper
Is everyone working with law enforcement ? You should be.
Your email is not working? elyse@gte.net (702)809-0716
I closed my loan with ameriquest. Mers assigned my loan to ameriquest who then assigned it to XYZ Bank as trustee for the sandwich trust.. But when i check the MERS site my loan is owned by a different investor. Also When Mers Assigned the mortgage is was notarized but never signed by the VP of MERS.How will a judge handle this. I have been in court for 5 yrs now and my lawyer does not think we have a case. I am located in pinellas county
Sorry it was Accredited home lender not ameriquest
Bill call me. I am NOT a lawyer but a similar thing happened in my case. The regulars on on Foreclosure Hamlet or Foreclosure Warriors can put you in touch with me. I just don’t want to publish my phone number on a public board.
Bill….I too have same issues in Pinellas with Judge Campbell. Will you give me a call as I fought for 4 years and all the fraud was swept under the rug and MERS is well known by the Judges!! It doesn’t matter, however…laws are being broken, people are having their homes stolen in the courtrooms and NO ONE IS STOPPING THEM…The courts are a joke…elyse@gte.net
To Whom It May concern: if you want to save your home, go to the judge and tell him that. If you have the ability to pay, but don’t claim the fraudulent document defense because bottom line is if you don’t pay, you will not stay. The best strategy is to offer to pay. Force the bank to negotiate a workout and do it in front of the judge. They already know that the paperwork is fraudulent and they don’t care, the judge’s job is to push these foreclosures thru and clear their dockets. Forget about getting a lawyer to defend you because you will end up without your money and a house to live in. Who is going to fight harder for your home than you! Now go get them!!
If you were a judge, and someone came to you and said “I lent this person $xx,xxx and now he won’t pay me back”, you’d be inclined to order the person to pay him back or order his property sold and that money given to the person that lent the money, would you not ? Judges are not concerned with WHO should get the money, just that SOMEBODY gets the money.
Understanding that, courts frown on attorneys and borrowers who delay the inevitable, and they don’t like THAT, either.
But some of us have different circumstances, and sometimes those circumstances wind up that WE’RE the ones that should get money because of what other people did to us.
In my case, the original Note and Mortgage were illegally removed from the lenders custodial bank. Guess who got them… WELLS FARGO. When they arrived they must have assumed they should start servicing the loan, so they told me to send the payments to THEM. My actual lender never notified me, as they were required to do by law, but I trusted I should send the payments to “Americas Servicing Company.” Little did I know it was Wells Fargo using an unregistered name to hide the fact it was Wells Fargo. When I sued Wells, their attorney, Michael Winston with Carlton Fields filed with the court ‘AMERICAS SERVICING COMPANY is a DBA of Wells Fargo Bank N.A.’ and it changed the way Wells does business, and got state and federal regulators looking at them for servicing fraud. They’re still looking.
When I was told my loan was being made into a fixed rate loan for the remainder of the term, and it turned out Wells Fargo was absolutely lying to me to induce me to default ( ‘your next payment is in three months to allow us to do the paperwork but you’ll remain Paid As Agreed because you’re following our directions’), and then filed a foreclosure BEFORE the next payment was due, I called the original lender and they were livid. We reached Accord and Satisfaction, and I no longer own them a penny. But that didn’t stop Wells Fargo…they saw they could get my property or the equity in it for themselves and saw those dollar signs, which blinded them. Trouble is, their lawyer filed in the name of HSBC, which never had an interest in the loan, …ever !
So their lawyer, David J Stern, tried to cover their mistake apparently by preparing and recording an “Assignment to HSBC” and recorded it THREE MONTHS after they filed the foreclosure in the name of HSBC, and then abandoned the foreclosure !!! Meanwhile my original lender confirms they never transferred the loan away and that I do not owe any money under it. MERS has even relinquished their role as Nominee and it shows in MERS records as “Inactive”.
That didn’t stop the new law firm, ALDRIDGE CONNORS, who could have picked up the phone and confirmed these facts and then simply dismissed their foreclosure action against me.
There are five things I really enjoy doing: 1) research and documenting, 2) talking with judges,
3) talking with law enforcement, 4) talking with legislators and regulators, and 5) talking with Media. (and giving people documentation)
Along the way, I constantly make lists of things people did wrong. I document it.
Most homeowners will be told by a judge after they lose, “You just didn’t do a good enough job.”
I like it when a judge tells me, “I agree with you.” It should be some of these BANKS that should be told “You didn’t do a good enough job.” That should be every homeowner’s (with a legitimate right to be given a remedy from the court) goal.
I have had outrageous things happen that would fill a book in my case. My case file is already THICKER than a book. Remember, I sued Wells Fargo and the court gave me the unprecludable right to file against them de novo.
My case is Broward County Circuit Court Case CACE 08018999. You can pull up the Docket. You will find I have just sued and asked for sanctions against ALDRIDGE CONNORS. You will also see I have just sued the Justices and Court Staff of the 17th Judicial District..it seems I had a hearing set for February 7, 2014…I was there with my Court Reporter (ALWAYS have a court reporter and Notary with you at all times !)..the Magistrate continued it to Feb 24, THREE DAYS before the trial…the problem is, no one can give me that Court Order and the hearing for the 24th doesn’t appear AYWHERE. I was ready to petition for a Writ of Certiorary, but the court set another hearing for April 7th, just today.
This is rather preposterous to have been held hostage in limbo for SEVEN YEARS. That seven years has been spent reading Appellate decisions and writing, researching, and investigating. Wells Fargo inadvertently gave me the impetus to discover their dirty secrets, and how to document and present the whole truth to people.
I WANT the truth to come out. It WILL be published !!! I am not done litigating when my case concludes There are lawyers and Banksters to go after and reveal THEIR truth, too..and hopefully get money and prosecutions out of it ….and a banking and judicial system that isn’t as savage and corrupt as it is today. And they are. You should SEE my witness and Exhibit list.
I have also asked for the right to walk into any courtroom in Broward County and video record the proceedings … and to have my foreclosure case heard simultaneously before the judge while MY lawsuits are simultaneously being heard by a jury because the testimony is the same for all matters. Do you see some interesting Appellate decisions coming up ?
I would have thought they would have voluntarily dismissed the foreclosure case against me by now….after all, how can you foreclose a satisfied mortgage in the name of a bank who ADMITS they don’t have any interest in the loan and don’t have a single penny coming.
This case will test the banking and judicial systems, who really are apparently in a state of chaos and disarray.
Point this out to judges, law enforcement and regulators, legislators, and the media. Dig, dig, dig, and get your witnesses and Evidence lined up…and read up on the latest law and be prepared to quote it as to how it relates to the ultimate facts of your case. I’m expecting my trial NOT to be short circuited and to take at least six days… all on video.
I recommend everyone sit in on court cases and take notes… and be prepared to be shocked.
Oh, and the very latest is APPARENTLY WELLS FARGO HAS ASSIGNED THEIR SERVICING TO ALDRIDGE CONNOS, apparently trying to stick THEM with the entire liability
or my being wrongfully sued .. however it appears that the Minneapolis Wells Fargo staff is doing some document fabricating of their own…like a SECOND ASSIGNMENT PREPARED IN 2012 SAYING THE ASSIGNMENT IN 2008 WAS WRONG.
Tom,
I have a very similar situation. Same players too. I am also in Florida. Anyway we can compare notes?
certainly !
reachth@yahoo.com
I disagree even if your in default the burden of proof is on them if an entity wants to collect on a debt they must own the debt and if that entity is claiming ownership by the way of assignment the assignment must be perfected and valid the judge should follow the law so if your loan was securitized there 80 percent chancethat they did not follow the 90 day rule beyond the 90 days its void at its inception how about the millions of homes they did not own or show clear title and wrongfully foreclosed on
I have a similar nightmare with Chase at least in terms of runaround, manipulation and years this nightmare has lasted.
Completely agree with your approach and have practiced it as much as possible without a lawyer. Don’t know how enjoyable it is but it could be the attitude we need to fight for accountability and to save our democracy and not just our homes.
Will review your case if I can track it down and hopefully we’ll be in touch and can brainstorm.
Here’s their little trick…it’s being used by MOST big businesses today:
1) VEX
2) VEX
3) VEX
4) VEX
5) VEX
everything YOU do should turn into an Affidavit and Discovery Request !!!
@ Tom – not in court but have used QWR’s, CFPB and CA Homeowner Bill of Rights to extract info these past months I haven’t been able to get the past 6 yrs. Struggling to get legal aid, settlement enforced which I’m going through channels on. Will be in touch if email is working.
Tom I venture to guess that I am going through the same issue. I could never figure out how we started paying America Servicing Co, could be that we got something saying to pay them but I don’t remember. That being said, I got a notice of intent to foreclose a couple of days ago. It says that Mortgage Lenders Network is the creditor, who was the lenders that we closed with originally. What I have been able to find out at this point is that Mortgage Lenders Network no. Also the loan is securitized so I really don’t understand how MLN can be the creditor even they were still in existence. Also the last Deed of Trust that was recorded was done in 2013, but we closed back in 2006, and they missed depositing the loan into the trust. So my case is similar to that of Glaski vs BOA and a lot other out there. I would like to compare notes sometime if possible. Thanks
You bet !!! anytime !
Everyone needs to go on a RELENTLESS defense AND offense.
Understand, the Banksters ran most of their originating shills out of business to bury evidence, however, if MLN is bankrupt…GET INTO THE BANKRUPTCY RECORDS asap !!!
Chances are good Wells in anticipation of getting some money out of this, just started servicing without you EVER getting noticed by MLN (REQUIRED !!!!)
WELLS makes HUGE sums by getting, and KEEPING, you in foreclosure.
REF– USE to speak with minimum wage CLERKS READING SCRIPTS !!!
Here’s the big honchos at WELLS:
John G. Stumpf, Chairman, President and Chief Executive Officer
James M. Strother, Senior EVP, General Counsel
Timothy J. Sloan, Senior EVP, Chief Financial Officer
Richard D. Levy, EVP, Controller
Michael J. Heid, EVP, Home Lending
Patricia R. Callahan, Senior EVP, Chief Administrative Officer
Michael J. Loughlin, Senior EVP and Chief Risk Officer
David A. Hoyt, Senior EVP, Wholesale Banking
Avid Modjtabai, Senior EVP, Consumer Lending
Send Stumpf and Strother CERTIFIED LETTERS PERSONAL DELIVERY !!
I’d title everyone QUALIFIED WRITTEN REQUEST ( educate yourself on it )
request having an ATTORNEY inside Wells as your SOLE CONTACT and you want a response within ten days
Remind them they are subject to both STATE AND FEDERAL UDTPA and FDCPA
send a copy to your Attorney General, US Representaive and BOTH US Senators and that you want them to intervene for you
TELL WELLS WHAT YOU WANT…they JUST might give it to you…if WELLS goes out of business, they will have done it themselves…by creating a massive number of civil lawsuits and criminal prosecutions
but you know what ? maybe Kovachavik, Stumph and Strother have made SO much money, they just might love to take a break from the morass they have created, I mean WHY WORK when you can enjoy your riches WITHOUT WORKING
oh, here’s their address:
1 HOME CAMPUS
DES MOINES IA 50328-0001
here’s a few numbers, I have NO IDEA which are still working
( always take NOTES while you’re talking to them – THEY are !!!! )
515 213-5192
515 243-8137
515 221-7300
515-564-3075
you want to test their FAX ?? try 515-213-6562
oh yes, I’d send a copy, regular mail, to the 2014 Board of Directors President Jon Kurth
I HOME CAMPUS
West Des Moines, IA 50328.
Phone: 515-213-6424
Email: jonkurth@wellsfargo.com
even BETTER…make THEM pay for it…take it to ANY Wells Fargo office…..ANY
and just address it simply to MAC X2401-057
..that’s there internal overnight delivery system, didn’t know they had their own private postal service did you, or that they OWN thousands of businesses…including PRIVATE PRISONS
Wells has a lot of this work done by their Wells Fargo Home Mortgage division (WFHM)
THEIR internal address is MAC X2409-01F..you might just want to send it both plaes and see who gets back to you faster and ask THEM which one they want you to use.
Might also copy to
compliance@wellsfargo.com
oh yes…just for the heck of it, lets see if we can catch the OCC in destroying more complaints about Wells Fargo, – send a complaint to the OCC via their website
and copy the federal reserve and department of justice, too
starting at the top works better than starting at the bottom
and consider an Injunctive suit pre-emptively…speak to a trial attorney about that first
REMINDER – the program will start at 11:00 am EST (sorry West Coast – either an early wake up call or you can listen to the archives)
Join us on Sunday, February 9th at 11:00 am EST:
CALL-IN studio number or to listen via phone: (646) 716-5461
11:00 am EST: John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records.
Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
12:00 pm EST: Larry Doyle, a Wall Street veteran, and an author of the recently published book, “In Bed with Wall Street”.
Larry:”This revolving door and the corruption that goes along with it is one of the only — if not the only — issues that the overwhelming percentage of people in our nation both understand and agree on as being a HUGE problem.”
http://www.blogtalkradio.com/senkalive/2014/02/09/is-our-country-becoming-a-crime-scene-who-is-in-bed-with-wall-street
Any lawsuits from Counties looking to recover their millions in lost fees?? I think not.
http://www.blogtalkradio.com/senkalive/2014/02/09/is-our-country-becoming-a-crime-scene-who-is-in-bed-with-wall-street
Sunday, February 9th at 11:00 am EST:
John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records. Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
I am not sure what blog radio is? how do i get to be able to listen to John O’Brien Sunday? Thanks.
Click on the link and it will take you to a page the will show you details of the program and the player that will let you listen to the broadcast. There is also a call in number listed on that page.
My foreclosure action was filed in March 2008, abandoned by Stern, then picked up by Aldridge Connors in 2012 who waited until December 2013 to surprise set it for trial Feb 27, 2014 without as much as looking at the file – which is voluminous, partially due to my having filed suit against Wells Fargo which the court granted me leave to file de novo as a separate action on.
Now I discover they have SERIOUS fraudulent documents which they won’t let me see, so I have a one hour special set hearing for sanctions, for orders to compel, and expand my discovery for Friday Feb 7, 2014, in courtroom 517 at 11a.m. if anyone wants to make it.
MERS has removed itself as nominee and its been over five years since my alleged default, at the hands of Wells Fargo having instructed me my next payment was April 1, 2008 and then filing forclosure before that – which led an investigation that my loan never transferred away from my original lender, who settled with me and there is no balance remaining or any payments past due…plus MERS clearly shows the party Stern sued me under has and never had an interest in the Note or Mortgage, and MERS has even removed itself as Nominee to act under my Mortgage. Stern committed fraud on the court and Aldridge Connors decided they could fix that with even more fraud and a sham trial by ambush !!!
As to government agencies not being interested, that’s patently untrue. The FBI, Justice Department, Broward Sheriff’s Economic Crimes Unit and Florida AG’s office have all been very very co-operative, and I don’t know if YOU ALL KNOW THIS, but much documentation they have is readily available, as are depos, interrogs, admissions, affidavits, and sworn testimony from any other case in any part of the Country…there’s 14 cases worth just that the Fla AG’s office has on just Stern alone.
Turns out Wells Fargo stole my original Note and Mortgage, my loan never made it into any security, and WELLS HAS BEEN TRYING TO GET MY PROPERTY OR CASH FROM A SALE FOR ITS OWN POCKET – MAJOR CRIMINAL RACKETEERING. My case is being made into a Documentary, and FYI any judgment obtained by fraud is void or voidable.
My case is CACE 08-018999 ( HSBC v Heinrich, Broward Circuit Court ). I LOVE to talk to judges, law enforcement and the media, and dig, dig, dig and then present it… Wells is a bigtime criminal in my book for what it has and CONTINUES to do – they have violated their settlements with the government and should be closed, and have done themselves in on my case by continuing to commit more and more fraud and now making Aldridge Connors the new David J Stern.
If you find a violation, you must do all in your power to put it before everyone you can find.
Schneiderman of NY and Harris of California and a few others are preparing new actions and will work with you as they are building racketeering action against Wells which hopefully will lead to Federal Grand Jury criminal indictments. A number of South Florida judges are under investigation for aiding and abetting financial fraud in granting undeserving parties foreclosure.
Know the law, know the facts, and know how and to whom to present it, and DON’T LET ANY COURT disobey the law and allow forged documents and non-proven chains of title to the Beneficial Rights, Title, and Interest in the Note and Mortgage be used to base a bogus foreclosure judgment… its done all the time because the judge and foreclosure mill attorneys think they won’t get caught …but the halls of the courtrooms are full of eyes these days, and this story is FAR from over.
Tom, Since you are in Fort Lauderdale, (and Broward is a tough county for Foreclosure), I might be able to help a bit. You are close enough for us to meet for coffee and review your file. Contact me through Foreclosure warriors, or Foreclosure Hamlet. The locals there know, or should know, how to put you directly in touch with me.
Tom,
Congrats on your personal success and strength to continue to fight. Most people however have had little progress in the way Courts continue to rule. We can try to educate a Judge that the pooling of Mortgages into another investment form changes the ability to foreclose on those properties or that fraudulent signatures void a Mortgage Assignment but it has not resulted into consistent rulings favoring the Homeowners. We all realize we owe a mortgage but it doesn’t give the Banks and the Servicers or their unethical lawyers the right to attempt to foreclose, pile on huge fees or create fraudulent documents where it is not done in accordance with the law.
The truth seems to be that the for years Banks built their own Ponzi scheme investments with our Mortgages and when they were called on them had no choice but to attempt to backpedal and create as much revenue and chaos by attempting to foreclose on properties as well as add trillions in fees of all kind. I’m sure the flowchart on their walls is well mapped with the step by step process, with law firm names, servicers, insurance companies, etc.
Why all the unwillingness to Mod a homeowner who owes a balance when you are compensated for those programs and lose zero?? Because you get paid 2 to 3 times the balance on your books by foreclosing, submitting these to the Gov’t, getting reimbursed then submitting them to your Insurance, getting reimbursed, then attempting to sell the debt for 20% on the dollar.
Judges know they cannot massively rule in favor of homeowners against this chaos. When you take the time to try and understand the law and present it to a Judge, you hope for a fair and consistent legal ruling. Not to be told, go in the hallway and work with Mickey Mouse and see if he’ll resubmit the documentation cause it’s signed by Donald Duck who works in the mail department.
Until someone or some lawyer is able to present a solid case ruling which will set precedent for all of us to use as well as the specific type of foreclosure defense lawsuit very little will help the majority. I understand circumstances are different in each case and some individuals are having success across the country but it is not filtering out to the masses who are experiencing the same issue.
Tom, if there is a class action being put together, I would like to be a part of it.
me as well, lets all team up and save our homes and our reputation
Was interested in obtaining your Complaint and paid the $5 but only able to see headings and not the Complaint itself?? Will you send me a copy via email as I am going to sue the banks, Judges and Court Clerks for denting my civil rights to the LIBERTY and JUSTICE for ALL crap we were told in AMERICA? elyse@gte.net or call (702) 809-0716
Hello idynps…I live in Florida and been fighting foreclosure for almost 3 years. The note served only had one blank endoresment from the original lender to country wide written next to pay to but what had been filed with the court has 2 other endorsement…what its my defense on that finding?
Every endorsement has to have written documentation to prove why the endorsement was done and to legally substantiate it was done properly. This is one of the problems with judges, they blindly accept an endorsement, and the MERS system was created to “BLURS” this documentation…if the docs don’t exist nobody goes to jail. Remember a judgment obtained by fraud in typically unenforceable…a Subpoena to Produce should do the trick…even AFTER a foreclosure sale. And complaints to the Judicial Qualifications Commission HAS to be investigated, altho’ they won’t want to give you the results, however under law this is OUR Country and we’re ENTITLED to view whatever we damn well want unless it has to do with National Security or minors. Don’t ever be afraid to fight…it’s what makes this country great…even the common folk can go up against the establishment big boys (and girls, few as they may be)…but check with an attorney, this is not legal advice but a point in a direction
Would like to discuss Notice of Hearing of Petition for a foreclosure case…
hi I am fight detusche bank I found out thru request for admissions that my loan was securitized which means it became a stock no longer a loan which means they had to destroy my note which means under rule fas 140 they no longer control the note because a note and stock can not exist at the same time plus it forever change its state it go from a secured debt to an unsecured debt its registered with Sec then the admitt my note is left in blank assignment Mers assigned the note to deutsche bank which we no that they don’t have the right to due I asked for the original note with my signature on it they said the declined they have a copy i told them its fraud I know they don’t have it I had crappy lawyer who I fired they said they would not respond to my request the matter was resolved by order of consent which I don’t understand they sent me letter of default I sent letter back disputed so i want to file quite title against them I need advice I think I have good case broken chain of assignment they lack standing blank assignments are not acceptable form proof perfection supreme court ruled mers is never holder in due course and I don’t think deutsche is not registered to due business in new jersey any help would be great
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be a power of attorney filed in the county she is in, in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them (which is not actually her title)?
File a lawsuit and put them on the defense…it’s fraud and they know exactly what they are
doing!!
I got all of the documents that were there months back, but I will check again. MER,s is on my document. I asked them exactly what you told me. He looked up my name and address and could not find anything
Did you ask AIG if they held the default insurance on your loan through whatever bank is attempting to foreclose on you? Is a bank attempting to foreclose on you without being sent a default notice? Are you being sued for foreclosure? I so, you may want to file a cross complaint with several “Causes Of Action” and harassment because you are not in default? You issue seems rather unique as a default is necessary in most cases, however, we are dealing with crooks and liars!!
No they have not sent a default notice. It been over a year. That’s what scares me, they have not done anything.
Have you gone to your County Recorder Office to gather all paperwork on your home? If not, you must retrieve whatever is there because there may be a Default Notice filed and you were not served…they use much trickery with their fraudulent foreclosure practices. Do you have a MERS on your Deed Of Trust? If not, what information did you ask of AIG?
They will get to you…MERS has had some 63 million loans that are all in danger and it will take more years than can be imagined to get to all of them.
The Banks joined together with Freddie and Fannie to securitize the loans and bundle them into pools of Mortgage Backed securities and sold those bundles to unsuspecting investors around the world…
The country of Iceland even went broke and had to file BK because they invested in the scam…it’s a huge Ponzi scam and the Courts are allowing it to happen…
File a lawsuit against whatever banks are coming after you, stop sending your faxed proof for a modification and STOP talking to the banks!! They cannot help you and will not try!! They are bullies and many hundreds of thousands of homeowners are fighting for their rights!! It’s a mess and unscrupulous!! Bastards!!
IDYNPS. Is it possible that the loan could have been insured by another company other than AIG. I called them and they said they could not find any information. Is it possible the loan was not insured?
If you gave AIG your MERS ID #, then you may have to use the TRUST name that your loan was bundled in, if you have that information? To answer your question, yes, I guess another Insurance Company could have insured the mortgage backed securities…scams were going on, on many levels! It’s all a fraudulent enterprise and illegal! I have spent much time doing my due diligence and based on what State you are in, there may be other recourses available for you to reach out too. A question…we’re you served with a DEFAULT NOTICE or 2? 3? 5? ….the default notice is what kicks in the default insurance. AIG had so many default swap claims that they went to the Bush White House for their bailout in the billions! AIG over extended their ability to pay off all the claims from the banks demanding it…sometimes 2-5-9 Notices were filed as the banks knew they were in trouble!! It’s so bad that it’s difficult to wrap our heads around!!
Thank goodness weed is legal here in California!! This is the biggest crime in the history of America and they are getting away with it! Keep Up The Fight!!
idynps
it is the CHIEF judge of each state that is responsible for each and every judge below them to protect their oath to the US Constitution and mandate each judge follow their oath to the US Constitution and protect the Law of the Constitution.
idynps
WA State Attorney General says “Goverment Officials” can violate the law and citizens have no say about it!
You are correct!! This scam is violating the law and of course…it doesn’t matter!! When I attended my final court appearance and I brought 2 Assignments Of Mortgage, enlarged them and glued to poster board and it clearly provided evidence of Robo signed by an employee of the banks lawyer, David Sterns, as well as the second Assignment notarized before it was even signed by the robo signer…IT JUST DOESN’T MATTER!!! The Banks are stealing homes and the Courts are allowing them to do it…NO MATTER WHAT! After that hearing, I walked outside and just broke down in tears because I realized, the Courts are not protecting the homeowner…After that scam hearing, I was offered a mere $2,500 as a “cash for keys”…after many further conversations with the law firm representing the bank, they asked “What will it take to get you out?”…I said give me $50,000 and I’ll be gone in a week! The lawyer said the banks will never go for that, but they did…after I shared with the law firm that I filed for an Appeal and that I placed a complaint with Attorney General, Eric Holder! They freaked at that point so gave me $50,000. That was more equity than I had in my upside down loan!! I am now fighting for my second home…It’s a horrible situation we are in but we MUST fight to the bitter end!! Good Luck Good Citizens of America!!
The bottom line is courtrooms are NOT making any rulings regarding Robo signing that favor the homeowner in any large numbers or which would set precedent. The fraud was just too large to start throwing foreclosures out of court. It is a shame, but that is the reality of what is occurring.
IDYNPS, How do we get evidence that the bank was actually paid off. I have a second mortgage with Wells Fargo and its been over a year and they have not taken any action, which I find very strange.
It’s the RICO Act…which is an ongoing criminal activity!!!! This RICO Act is what the LAW uses to bust criminals like the mafia…Finding the evidence is so difficult for people like you and me. They are working together in this “web of deceit” and even bringing it to the attention of the courts, it doesn’t seem to matter. Contact AIG in NYC tomorrow, Monday. Whoever answers the phone, a receptionist, ask to be connected to accounts payable…do not say you are a homeowner, just ask if your MIN. number (MERS ID) has been paid? Try not to disclose much information, you are attempting to know that there is “clear title” period.
James, we are under attack and the Banks are killing us without even shooting a gun!! It’s a CRIME…we need to get it out of the CIVIL COURTS cause the Courts are allowing this to happen…Good luck!
When a bank files a complaint based on a DEFAULT, the bank files a claim to the insurance company (AIG) for the loan being in DEFAULT and the Bank is PAID IN FULL on that DEFAULT…Can you imagine? No wonder the Wall Street Banksters are experiencing such growth!! File a lawsuit against the BANK that is coming after you…Not that it matters because the Courts are allowing the Banksters to steal our homes!! File it anyway and perhaps you’ll be lucky to get a “JUDGE” that “gets it”…Good Luck American Homeowners under attack…we’re getting screwed but don’t go down without a fight!
I have a quick question, just wondering if someone might know the answer. After reading a deposition done by Erika Lance of Nationwide Title Clearing (the company that prepares documents for JPMC, as well as other banks). I started to wonder how the individuals signatures who are on our Corporate Assignment of Deed of Trust got there. The individuals in question Shequita Knox, who signed as VP JPMC and Attorney In Fact for the FDIC and Angela Ruth Payne (Married name Gibson) was the notary. I know from conversations with JPMC, Shequita is an employee there and according to them Angela is not an employee, both of whom are in Louisiana, which is where they supposedly signed the document. Yet, the document was prepared by Nationwide Title Clearing in Florida. Exactly how does that work? I know from seeing other documents that were signed by Shequita Knox and Notary Miranda Avila (Robo-signer), Shequita was supposed to be in Florida a few months prior signing our document (Although she was really in Louisiana). I guess what I am getting at is how is it that Nationwide Title Clearing prepares these documents in one place, yet the people who signed on them are in a completely different place? Just seems a little fishy to me.
make a formal complaint to: [PDF]
complaint form – Florida Commission on Ethics
http://www.ethics.state.fl.us/forms/Cmplaint+FAQ.pdf
(Print, Type, or Stamp Commissioned Name of Notary Public) … Please explain your complaint fully, either on the reverse side of this form or on additional sheets …
STATE OF FLORIDA
COMMISSION ON ETHICS
P. O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709
COMPLAINT
It’s Called ROBO SIGNING…and it should be illegal. I had an assignment that was Notarized before it was even signed and it didn’t matter to the Judge!!! What’s being done is CRIMINAL, not Civil, however, the Sherriff, DA, Attorney Generals, Department of Justice or FBI will NOT take a Report!! They all direct the homeowner’s complaints to the Consumer Financial Protection Agency who send your Complain to the BANK and whatever the BANK sends back to the Agency, that’s all they do???? It’s the biggest Ponzi scam to ever be perpetrated on the American people and it’s illegal, it’s fraud, but it doesn’t matter!! If just ONE Sherriff would file against the banks, it would grow like a weed and these banksters will be arrested for these illegal activities!! File your lawsuits and wait for someone to step in and arrest the Banks using robo signed documents to steal our homes! It’s far beyond unbelievable…it’s CRIMINAL!!
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be an power of attorney filed in the county she is in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them?
The Cease and Desist letter may have worked but they will just sell it to someone who will come after you probably. You can file bankruptcy chapter 13 and strip that second mortgage. If you need help with that let me know at Keystonegatorfan at gmail. If they try to contact you or collect file a suit in Federal Court against them……it puts money in your pocket and most of the time it will never make it in front of a judge as the debt collector will settle for money damages out of court. FYI each violation is about $1000. I am filing against a bank this way. I don’t even have a mortgage and they are trying to take my home!
I have a second mortgage with Wells Fargo, we have not paid them in almost a year. I did send them a cease and desist letter a few months back. Why have they not initiated some type of action?
How is it legal for mortgage company like Flagstar Bank to sell a note in a bulk discounted sale to an investor and then Flagstar files insurance claim and get paid for the full amount of the loan??? Seems like fraud to me.
@aj: If Flagstar then comes after you, they would be guilty of double dipping. All you need is proof of those transactions. Go for it and keep us posted.
hi everyone
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Reply
dangeroosdaveve McCrae says:
February 28, 2014 at 8:43 PM
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
Reply
It IS fraud and the courts are allowing them to do it! It’s the worst crime in the history of the United States and our officials are NOT protecting us!!! Bernie Madoff is a tiny little pea compared to what the Banks are getting away with!! File a lawsuit and fight them as the Plaintiff, it’s hell but you must at least put up a fight!! Good Luck…
If the system works right for them, they might wind up with three or four times the amount of the loan…remember they borrowed money and have very little of their OWN, if any, in it
research it on the web…lots of great insider books that show you how its done
Tom, we had a relatively stable economic system in this country, until the thugs came in. Any chance you would consider running for Congress? Will be in touch.
Old WAMU Errors Promise Victory for NY Homeowners Now in Foreclosure
http://www.docstowork.com/Bankruptcy-Blog.html?entry=wamu-s-old-errors-give
Right on Imanda Don’t accept anything less than you deserve ,
since 2008 i am fighting corrupt judge Alice Schlesinger of NYSC that gave Fidelity National’s Title client and another corroupt client one each of my two properties so that Schlesinger could take a bribe.. Patience one by one we are watching them exposed from LPS Docx down.
December 24, 2013, 3:13 p.m. ET alert alert alert LPS IS BACK
——————————————–
Lender Processing Services, Inc. Receives All Required Regulatory Approvals for Previously Announced Acquisition by Fidelity National Financial, Inc.
Hark….the For Closure Angels have brightened this Sunday morning. . .your post above shall be printed and read aloud daily. Some fights are necessary and worth having. For example…Jahi. 777…..MetLife and I are about to have our C2J…..like that wonderful basketball coach….”when the dog does sumthin’ rong….you roll up the paper “bad dog”….swat the banks…bad bank. Bad. Never again. Bad bank….swat ( harder this time )….”wabAMM” Bad bank. Never again. You think Kim J Un’s other uncles aren’t out maxing their cc s on Kim? Feathertouch but hit hard after that. Real fn hard. Merry Christmas ALL….to the light….6s ii 7s. WUUUfff. GOOD DOG….☆☆☆☆☆☆☆
You have a good case for breach of contract. CitiMortgage tried to make us move and offered us a $3,000.00 check. We said NO! It took us 8 years to the date to settle our claim with CitiMortgage for wrongful default and wrongful foreclosure. It all started with 2 miss applied payments that went ???????. They never could tell us. We settled on OUR terms and got what we wanted. But, it was never ending and mentally exhausting. What benefited our case was that CitiMortgage could not respond to a court order within the timeframe, they gave us 20 days to submit discovery and the judge gives CitiMortgage 90 days. WTH! Don’t give up, stand firm on what you want and don’t let them intimidate you. CitiMortgage Attorneys even threatened our attorney numerous times. Really? Judges are getting fed up with bank attorneys using deceptive practices in their courtrooms. It slows the whole process down. One thing in common with all banks, one department doesn’t know what the other is doing. Once the mortgage is in the legal system, it is pure hell to get it out of that status. Just hang in there; there is a lot more they will put you through; reading comments and 8 years of fighting, it seems like its a stepping stone. You have to climb the course and successfully get through each maze with your sanity. One a scale of 1-10 of completion, you are number 3. Good Luck, maybe I can help somebody. Don’t ACCEPT NOTHING LESS THAN YOU DESERVE!
About 6 years into our dispute with CitiMortgage regarding missing mortgage payments, and showing our proof of payments, CM decides that I need to show proof of payments for the entire loan history……REALLY……well, it took about 2 months, BUT, we complied and made enough copies to give out as requested per department. Its the little things that will drive you nuts. I had to provide proof of monthly payments for 12 years. CM letter proof of payment, proof of payment from our checking account; CM started backing down some at this point. Glad I held onto this paperwork for so long.
C. Osborne,
Yes, the judge notated in the order that we could bring an issue back before him…can’t remember the exact wording, but I’m not sure what motion I would file and what I would be asking for. It encompasses potentially several issues so I first need to wait to find out how badly we get hit with the tax because title will not have transferred in 2013 and what the other damages and allegations I’ll need to address in whatever motion I file. I’m just so sick and tired of it. You all here know what I mean. It is criminal in itself that they can just continue to do this to people.
I am sorry you are going thru this, we too are being held hostage by utility company requesting deed before they will terminate service, wells fargo did not even pay stamp doc to courthouse yet after they bought it at auction , same thing with insurance issue . It seems it never ends , our house was valued at 61,000 and we paid 168000 , our credit continues to get sacked and my daughter lost her only home. Now on top of that unemployment ends for those of us who are really trying to get jobs. HO Ho Ho
This is an up-date of my case and hopefully won’t be what happens to those who have been completely successful.
1. Filed an adversary proceeding, pro se, in BK court against JOA (fictitious) name;
2. Litigation went on for 2 years and with their last attempt for a SJ which failed, judge was going to set a date for trial;
3. BOA finally agreed to settle the case rather than proceed to trial and for which I have been banned from speaking about the case;
4. Settlement Agreement was for a lump sum cash settlement and we agreed to a DIL, NOT a foreclosure along with a few other misc., terms;
5. Settlement signed in July and also approved and signed by the BK judge. Agreement calls for the property to change hands and home to be vacated in pristine condition on or before September 15. Contacted by their attorney to allow an inspector to be able to come in and look which we willingly agreed, but no inspection ever took place. We moved out and notified bank attorney. We were paid the money to move out as per the agreement;
6. Notified attorney that utilities, taxes, HOA dues and other bills needed to be paid and those people notified of title transfer;
7. Since that point, utility companies refuse to disconnect and keep billing us, JOA continued to harasses us with threats, phone calls, more accumulated charges as their foreclosure unit claim to have no knowledge of any agreement. After we were threatened by the state tax office of a pending sale for unpaid property taxes and another threat by me to the bank attorney, the taxes were paid, however, they seem to have applied these charges along with forced home owner’s insurance to this on-going bill from their foreclosure unit;
8. The property still in our name will mean that if the “tax relief” bill does not get put back in for 2014, we will face dire tax consequences based on whenever they decide they want to take title.
They have completely violated and breached the agreement every which way from Sunday, have made us incur more dings on our credit which was also addressed in the agreement and leaves us dangling with unknown present and future liabilities. I believe that I should just go after getting the home free and clear as I don’t know how else to get this monkey off my back. We have been cheated and lied to by them since 2009 when the fiasco actually began and I thought that it would finally be over and we could put the pieces of life back together but it just goes on and on.
Anyone else out there who is experiencing the same thing?
guess…since they violated the terms of the settlement….would tell them….you are no longer required to keep quiet………
I agree with your logic but it probably wouldn’t stand up legally; a wrong for a wrong..lol But since they have so egregiously breached the agreement, pretty much makes it void or voidable at this point. I don’t know and as much as I hate the thought, I have to start doing my legal research again and start prepping for the next legal go around. Not looking forward to it at all but you gotta do what ya gotta do. With that said, happy holidays to all here and a very safe and happy new year!
From what I have read in Jursidictionary….normally Offers of Settlement or Compromise are not allowed to be revealed/admissible….EXCEPTION….when one party makes offer….other side accepts offer….party that made offer doesn’t follow through with offer. Since the BK Court is one that signed off on the settlement….can’t you file a motion with them for violation of settlement agreement?
If it helps one it helps all. . . Please use my Boise Police Department Official Criminal Complaint against MetLife Bank….Laura Burrie and Ringert Law…both of Boise.
Fraud w RICO and collusion. The perjury is simply a cherry on top. I am suing these parties for millions….$6000 wasn’t enough. A grand for each year in hell…. trevor.hitchin@gmail…..lets twwwalkabouit…… 777
I go to court on Wednesday 12/11 and am putting my case in order. I have proof of fraud. Just FYI, one of the attorneys who advertises on this site is Forrest Law Firm. I used him for my attorney and he kept the banks at bay for three years, BUT he overlooked all of the fraudulent items your website speaks about and was ready to let them take my home. He is no longer my attorney and I am thinking he was negligent. On my own I have found proof of robo signer Theodore Shultz and four other robosigners, but with Shultz I have proof of signature as MERS VP and then also as Aurora Assistant VP. I have other issues I will raise in court and have to go in Pro-Se because Mr. Forrest did not do his job properly. I am getting a crash course in how to do this on my own through hours of study and dedication to winning based on the massive fraud perpetrated on me and the courts.
Christina, Good Luck. Let us know how it goes. Just settled against CitiMortgage for wrongful default and foreclosure fraud; it took 8 years tied up in the legal system. Look on the bright side……lets hope you do not have 5 years to go. We also had an attorney for 54 months that told us we needed to have a place to move to by October 2010. They also tried to get us for another $3,000.00 for assistance with a loan modification. I fired him in February 2011, fought like hell and hired a Real Estate Attorney who let me fight my case my way. November 01, 2013, we signed contract all parties agreed upon, 0% percent interest, bank has to pay 8 years of legal fees (lol), fix our credit, no judgments’ ever, mortgage will state “Satisfied-paid in full”, no early pay off penalty, etc. My HOME is full of holiday cheer this year as we are unpacking boxes that have been packed since 2005. Folks, stay strong; you can win; its not easy; and they will drive you crazy. Little bit of advice…..do NOT let the bank talk you into a Short Sale; it will stay on your credit for 15 years. They don’t tell you that.
Imanda Thank you! I filed a “motion for enlargement of time” and because my attorney just removed himself from the case officially 3 days prior to the trial the magistrate granted it – but it was more than that. I have ample proof of fraud and I believe the Magistrate and the Plaintiff know it. So we are having a review on 1/22 of all issues. By that time I have to have a new attorney or waive my right to one for the trial on 2/19 because the plaintiff’s attorney said there would not be enough time for him to know what my new attorney would request or file if it was after 1/22. The judge granted that, but I also have time to file and “motion for amended complaint.”
Thanks for your support and congratulations on winning your case!
Imanda, which state are you in? Would like to look up your court filing if possible.
And congrats on getting a good outcome.
Imanda, can you send me everything that you can on Citi Mortgage. I am having some issues with them as well. jsmith5915@msn.com. Thanks
James, I have to much documentation to send. A lot of negotiations were through the fc loss mitigation department. Your claim will have to reach that department before anything will be done. They will have to get approval from investors to offer a deal. Send me your email and I will try to help you. It takes not backing down and don’t give into anything you feel is not correct. We live in the state of Florida. Every time Citi filed a motion; we filed one back. I have a great story about our experience in mediation. Citi’s attorney left our mediation to get a McDonalds hamburger. lol Wasn’t funny at the time as the mediation cost us $3,000.00. That’s just the beginning!
Hi Imanda. Would you please send me an email? Thursday I had the bank’s MSJ denied, and we’re going to trial. I’m pro se. Thanks.
Spread the word to everyone.
NMS LAW CORPORATION 1206 E 17TH STE 201 SANTA ANA CA 92701 THIS LAW OFFICE IS RAN BY SCAM ARTIST! THEY RECENTLY HIRED EMPLOYEES AND FIRED THEM WITH NO JUST CA– USE AND DID NOT PAY THEM. ONLY PAYS EMPLOYEES UNDER THE TABLE BE CAREFUL ORANGE COUNTY!!!!
Looking for homeowners here in Cheeseland with loans from HomeSide Lending, allegedly sold to WaMu, serviced by Chase and/or Wisconsin mortgage.
If you were foreclosed, succumbed to a deed in lieu, are an alleged “debtor in possession” or in any stage of alleged default or foreclosure, I would really like to hear from you.
Homeside/WaMu/WI in the subject line please.
usedkarguy@yahoo.com
Everyone should read the book “FIGHTING THE FORECLOSURE MACHINE -THE HOMEOWNER’S HAMMER” Robert M. Janes. “DON’T ASSUME THEY WIN – even if you’re behind on the mortgage payments’!
I also spent months and months of time researching….looking for where/when the Banksters made mistakes/committed fraud etc…it doesn’t matter!
The Banksters are the Plaintiffs……the Burden of Proof is on them!!! Make them PROVE beyond any/all doubt that they are PETE! Go on the Offense…not the defense…..
Appeal from a judgment of the Superior Court of Orange County, Karen J. Bravata, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Law Office of Quyen Kiet and Quyen Kiet for Plaintiff and Appellant.
Houser & Allison, Eric D. Houser and M. Benjamin Susman for Defendants and Respondents.
OCWEN’S guy M. Benjamin Susman-lawyer
DON’T GET CONF– USED! that’s exactly what they want…feel indignation on how the “BANKS” are treating us! Ocwen loan Ser LLC will never record an assignment of DEED OF TRUST.they used WESTERN PROGRESSIVE -Attorney in fact Madan Kumar–House&Allison Lawyer Manford Benjamin Susman ..remember Ocwen LOan Ser LLC in ONLY A DEBT COLLECTOR,,,LOOK ON YOUR “BANK STATEMENT’ WHO’S NMLS # IS SHOWING ON TOP? AND THE NC PERMIT #?
DID YOU CHECKED IN MERS WEB SITE?..
.https://www.mers-servicerid.org/sis/search
what about?.Sample Written Complaint to Lender
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/res/reslettr#!
Sample Written Complaint to Lender
The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.
Attention Customer Service:
Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]
This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
I am writing because:
My servicer Wells Fargo told me that Ocwen Loan Servicing was my investor. You are saying that they are only a collection agency. Also
Shouldn’t I have some type of assignment telling me that they own the loan?
Jamaes..you have to complaint to CFPB–and to NMLS-Dept of Bussiness Oversight since OCWEN LOAN SERV LLC ONLY A DEBT COLLECTOR USING NMLS 1852 MUST BE REPORTED DUE TO HIS CHANGE OF ADDRESS TO VIRGIN ISLANDS AND THEY DID NOT DISCLOSED THIS NEW ADDRESS AND BY LAW THEY HAVE TO.
Ocwen Loan Servicing is just that — a loan servicer. They currently hold my account – but not as Trustee. I see you are in KY from prior post. My loan was transferred 3 times (Fremont, Saxon, Ocwen) and the investor is Deutsche Bank. Your “investor” could be anyone! If Ocwen is now “investing” this certainly is news and a conflict for them!
I discovered that Ocwen uses Wells Fargo BANK in San Francisco, CA for payment receipts, as it was listed on a recent mod proposal as a place to send certified funds.
Yes, you should make ANYONE who tries to foreclose PROVE the chain of assignment.
Legal Aid in KY will not sue on your behalf, but they WILL answer/defend you against a foreclosure lawsuit. This one action kept them from taking my home.
Once your recieve a foreclosure notice, legal papers from the court with a date, regarding any entity that claims to have rights and starting foreclosure (has to be judicial, so you will get some type of legal notice) take it immediately to Legal Aid. They will file a response and Ocwen. My attorney requested discovery knowing DeutscheBank had attempted foreclosure without proper proof. They will have to comply with discovery. It tied them up – as the file is a huge mess! Albeit, my *discovery* was about 10 lbs of meaningless info, out of order, multiple copies, etc.
At one point, in these papers, it stated Wells Fargo securitized these loans. However, DeutscheBank is the investor from other documents. I haven’t rectified this wierd bit of info or presented it to coult, but I also haven’t gotten any more legal actions filed. Working on getting Ocwen to comply with modification and have escrowed my “potential” payment of 33% income with attorney. I would suggest you start “paying” yourself what you feel should be going to mortgage payment each month in anticipation of this.
If you are unsure if a foreclosure has been initiated, do a self search on your name for civil actions against you on your courthouse or sherrif’s web site. Typically, a sheriff serves these notices and it is in their system. If anything else, go to court and file a request for “continuance” asking for time to obtain an attorney if you discover that you have a court date and no time to act.
must report thsi to ‘scam.com’ and ripoffrreport.com’..
Geneva, please email me at jsmith5915@msn.com.
Beware of NEIL GARFIELD!!!!! He took our $1300, sent worthless securitization docs, no title search and wouldn’t give us our consult. He confirmed refunds , but Paypal and Square tell me the funds are not there. Garfield’s office says they fixed this yesterday and they haven’t.
These people are horrible crooks. They took advantage of my ill, 76 year old mother. The FL Bar is investigating them.
Prepare a satisfaction of mortgage and personally sign it Donald Duck as VP, copy and paste the last notary credentials from your fraudulent Assignment and file it at your County records office. Watch how quickly the Sheriff is knocking on your door with the cuffs.
I just took a proposal (my civil suit, with corresponding criminal activity of defendants) to our grand jury here in Burnet County, Texas for just such action. We considered the miscreants for about 15 minutes before deciding that USAA, PHH, and BBDFTE could not possibly be guilty of such fraudulent behavior as alleged, since they do such a great amount of business here and are such excellent corporate citizens. Oh, well, 253 other counties here in Texas, we’ll check them out one by one….
Japanese Proverb: Fall down 8 times, get up 9.
I’ve decided to go to District Court with a class action instead of Burnet. We’re over $75,000 so would end up there regardless. I’ve invited my defendants to an alternative dispute resolution meeting, as is required prior to filing litigation, on 24 December 0900 at my house. Anyone else with information is also welcome. I’m at http://www.phhmortgagemustbedestroyed.weebly.com
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
http://www.secinfo.com/dsvrn.vA9.htm#ed0
Residential Funding Corporation
(Master Servicer and Sponsor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
Residential Asset Securities Corporation
(Depositor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
My original Lender on the Deed of Trust was Mortgage Lenders Network. I have a Corporate Deed of Assignment that MERS assigned to US Bank, National Association, as trustee for RASC 2006-EMX1 at 4801 Frederica Street, Owensboro, KY 42301. The recording was requested by Wells Fargo and they are also listed as the default assignment. Wells Fargo recently sent me a document which listed Ocwen Loan Servicing as the investor. If that is the case, shouldn’t there be a document assigning the loan to Ocwen Loan Servicing? Im so confused with this stuff. Something is truly wrong with this loan, but I cant afford to hire an attorney to get to the bottom of this. jsmith5915@msn.com. James Smith
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
http://www.secinfo.com/dsvrn.vA9.htm#ed0
Residential Funding Corporation
(Master Servicer and Sponsor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
Residential Asset Securities Corporation
(Depositor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
NMLS ID: 1027125
Street Address: 2255 North Ontario Street
Suite 400
Burbank, CA 91504
Mailing Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Phone: 818-260-1400
Fax: 561-682-8163
Website: http://www.ocwen.com
Email: mable.scarlett@ocwen.com
California – DBO Mortgage Loan Originator License Yes Submit to Regulator
License/Registration #: CA-DOC314033 Original Issue Date More Info : 12/02/2011
Status More Info : Approved Status Date: 04/12/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More Info
Company: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Start Date: 04/12/2013
Michael Timothy Witten
NMLS ID: 314033 Phone: 818-260-1503
Fax: 818-260-1815
Other Names More Info : M TIM WITTEN, TIM WITTEN Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Loan Servicing, LLC (1852) Engaged in other businesses More Info : No
View Employment History
From To Employer Position City State Zip Code Financial Services More Info
02/2013 Present Ocwen Loan Servicing, LLC VP, MASTER SERVICING & BRANCH MANAGER Burbank CA 91504 Yes
02/2001 02/2013 RESIDENTIAL FUNDING COMPANY, LLC VP, MASTER SERVICING & BRANCH MANAGER BURBANK CA 91504 Yes
06/1994 02/2001 DEUTSCHE BANK NATIONAL TRUST COMPANY Servicing SANTA ANA CA 92705 Yes
Office Locations More Info
Company NMLS ID Type Street Address City State Zip Code Start Date
Ocwen Loan Servicing, LLC 1027125 Branch 2255 North Ontario Street Suite 400 Burbank CA 91504 02/16/2013
Go to Location 1027125
Rachael Lauria Robinett
Current Legal Name: Rachael Lauria Robinett
NMLS ID: 897686
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Robert Earl Kaltenbach
Current Legal Name: Robert Earl Kaltenbach
Other Names: Rob Kaltenbach
NMLS ID: 280749
Location(s): Orlando, FL 32826
Represents: Ocwen Loan Servicing, LLC (1852)
Ruby Davila Rosas
Current Legal Name: Ruby Davila Rosas
Prior Legal Names: Ruby Rosas
Other Names: Ruby Cantu Davila
NMLS ID: 497395
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Sharon May Johnson
Current Legal Name: Sharon May Johnson
Other Names: Sharon May Wint
NMLS ID: 1020000
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Tracey Lynn Erickson
Current Legal Name: Tracey Lynn Erickson
Prior Legal Names: Tracey Lynn Conway
Other Names: Tracey Lynn Conway, Tracey Lynn Stahoski
NMLS ID: 379681
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Tyler John Gent
Current Legal Name: Tyler John Gent
NMLS ID: 896880
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
VELIA MARYBELL ROMO
Current Legal Name: VELIA MARYBELL ROMO
Other Names: Velia Marybell Velazquez
NMLS ID: 1010330
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Victoria Lynn Kubos
Current Legal Name: Victoria Lynn Kubos
Other Names: Tori Kubos, Vicky Kubos, Vicky Lynn Kubos, Victoria Kubos
NMLS ID: 853072
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
natasha sabugo
Current Legal Name: natasha sabugo
Other Names: Natasha Sabugo-Burke
NMLS ID: 1065688
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Max Nieves
Current Legal Name: Max Nieves
NMLS ID: 305099
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Christopher Busch
Current Legal Name: Michael Christopher Busch
NMLS ID: 1066856
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Timothy Witten
Current Legal Name: Michael Timothy Witten
Other Names: M TIM WITTEN, TIM WITTEN
NMLS ID: 314033
Location(s): Burbank, CA 91504
Represents: Ocwen Loan Servicing, LLC (1852)
Monica Duran
Current Legal Name: Monica Duran
Other Names: Monica Lee Valdez
NMLS ID: 762086
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Nathan Alan Van Winkle
Current Legal Name: Nathan Alan Van Winkle
NMLS ID: 814719
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Alexander Beck
Current Legal Name: Nicholas Alexander Beck
Prior Legal Names: Nicholas A Beck
NMLS ID: 646718
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Donald Roberts
Current Legal Name: Nicholas Donald Roberts
Prior Legal Names: NICHOLAS D ROBERTS
Other Names: NICHOLAS D ROBERTS, NICHOLAS DONALD ROBERTS, NICK ROBERTS
NMLS ID: 352262
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Paula Schneid
Current Legal Name: Paula Schneid
Other Names: Paula Poillucci
NMLS ID: 39882
Location(s): Westborough, MA 01581
Represents: Ocwen Loan Servicing, LLC (1852)
Pedro Ernesto Mejia
Current Legal Name: Pedro Ernesto Mejia
NMLS ID: 835758
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
John Michael Bias
Current Legal Name: John Michael Bias
NMLS ID: 980052
Location(s): Henderson, NV 89074
Represents: Ocwen Loan Servicing, LLC (1852)
Jolene Ann Stratton
Current Legal Name: Jolene Ann Stratton
Other Names: Jolene A Graves, Jolene A Stratton
NMLS ID: 264543
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Kevin Joseph McMullan
Current Legal Name: Kevin Joseph McMullan
NMLS ID: 13617
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Ludwin Oscar Sanchez
Current Legal Name: Ludwin Oscar Sanchez
NMLS ID: 762108
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Luis Manuel Quintero
Current Legal Name: Luis Manuel Quintero
Prior Legal Names: Luis M. Quintero
NMLS ID: 762106
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Lynn Krauter Thomson
Current Legal Name: Lynn Krauter Thomson
Prior Legal Names: Lynn K Thomson
Other Names: Lynn Grove Krauter
NMLS ID: 369820
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Manish Kumar Paul
Current Legal Name: Manish Kumar Paul
NMLS ID: 1003972
Location(s): Bangalore, India 560030
Represents: Ocwen Financial Solutions Private Limited (15877)
Marcelo Eduardo Mancini
Current Legal Name: Marcelo Eduardo Mancini
NMLS ID: 942455
Location(s): Montevideo, Uruguay 91600
Represents: Ocwen Financial Services SRL, LLC (279226)
Martin James Postel
Current Legal Name: Martin James Postel
NMLS ID: 894591
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Dawn Rachelle Elmore
Current Legal Name: Dawn Rachelle Elmore
Other Names: Dawn Rachelle Fast, Dawn Rachelle Ludwig
NMLS ID: 474407
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Deana Gay DeLaura
Current Legal Name: Deana Gay DeLaura
Other Names: Deana Gay Harris, Deana Gay Wilson, Deana Gay Wiseman
NMLS ID: 873979
Location(s): Addison, TX 75001
Represents: Ocwen Loan Servicing, LLC (1852)
Ellen Mary Berke
Current Legal Name: Ellen Mary Berke
NMLS ID: 357471
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Eric Owen Wilcox
Current Legal Name: Eric Owen Wilcox
Prior Legal Names: Erick Owen Wilcox
Other Names: Eric Owen Wilcox
NMLS ID: 1064974
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Greta Nicole McKenzie
Current Legal Name: Greta Nicole McKenzie
Prior Legal Names: Greta Nicole Mc Kenzie
Other Names: Greta McKenzie-Carver
NMLS ID: 905780
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Frank Therien
Current Legal Name: Jason Frank Therien
NMLS ID: 1073939
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Michael Thomas
Current Legal Name: Jason Michael Thomas
NMLS ID: 899442
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Jenifer Rose Lis
Current Legal Name: Jenifer Rose Lis
NMLS ID: 243569
Location(s): Columbus, OH 43221
Represents: Ocwen Loan Servicing, LLC (1852)
John Andrew Coaster
Current Legal Name: John Andrew Coaster
NMLS ID: 802182
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
45 matches found!
Ocwen Financial Services SRL, LLC
Current Legal Name: Ocwen Financial Services SRL, LLC
Prior Legal Names: Ocwen Financial Services, SRL LLC
NMLS ID: 279226
Address: Ruta 8 km.17.500- Zonamerica
Edificio Synergia of 103
Montevideo, Uruguay 91600
Ocwen Financial Solutions Private Limited
Current Legal Name: Ocwen Financial Solutions Private Limited
NMLS ID: 15877
Address: 6th Floor, Salarpuria Arena,
24 Luskar Hosur Road
Bangalore, India 560030
Branches: India
Ocwen Loan Servicing, LLC
Current Legal Name: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Branches: AZ, CA, FL, GA, HI, IA, MA, NV, OH, PA, TX
Amada Maria Sampedro
Current Legal Name: Amada Maria Sampedro
Prior Legal Names: AMADA MARIA STIMPHIL
Other Names: Amada Maria Stimphil, Maria Lorena Sampedro
Prior Other Names: Amada Maria Sampedro
NMLS ID: 368573
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
CARITA DESHAUN BOWERS
Current Legal Name: CARITA DESHAUN BOWERS
NMLS ID: 202551
Location(s): Orlando, FL 32826
Represents: Ocwen Loan Servicing, LLC (1852)
Charles Robert Hoecker
Current Legal Name: Charles Robert Hoecker
Other Names: CHUCK HOECKER
NMLS ID: 180497
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Clayton Tyler West
Current Legal Name: Clayton Tyler West
NMLS ID: 1075668
Location(s): Addison, TX 75001
Represents: Ocwen Loan Servicing, LLC (1852)
Daniel Robert Schrager
Current Legal Name: Daniel Robert Schrager
NMLS ID: 925960
Represents: Ocwen Loan Servicing, LLC (1852)
Darwin Louis Dcruze
Current Legal Name: Darwin Louis Dcruze
Prior Legal Names: Darwin D Louis
Other Names: DARWIN LOUIS DCRUZE
NMLS ID: 914234
Location(s): Bangalore, India 560030
Represents: Ocwen Financial Solutions Private Limited (15877)
Company: Ocwen Financial Solutions Private Limited
NMLS ID: 15877
Start Date: 01/30/2013
License/Registration #: 104785 Original Issue Date More Info : 01/30/2013
Status More Info : Approved Status Date: 01/30/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More InfoManish Kumar Paul
NMLS ID: 1003972 Phone: 561-682-8000 x68124
Fax: Not provided
Other Names More Info : None Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Financial Solutions Private Limited (15877)
Has anyone ever dealt with Ocwen Loan Servicing out of Fort Washington, PA. Wells Fargo is telling me that Ocwen Loan Servicing is the Investor for my 2nd Mortgage which America Servicing Co/Wells Fargo is the servicer. What I need to know is what is the best way to go about finding out if they are the actual investors and if they even have any records of my loan. My guess is that I am going to get the run around and probably will find out that they know nothing about the loan. jsmith5915@msn.com. James Smith
JAME Smith: look in this NMLS WEB SITE for LIC# of Ocwen LOan Serv LLC http://www.nmlsconsumeraccess.org/Home.aspx/SubSearch
Ocwen Loan Servicing, LLC
Current Legal Name: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Branches: AZ, CA, FL, GA, HI, IA, MA, NV, OH, PA, TX
What is a Corporate Resolution in regards to MERS?
MERS is the paperless system that took it upon itself to take the place of the County Land Records which allows banks to pass loans around like a bottle of whisky without LEGALLY providing any clear “chain of ownership”…
MERS is illegal and is the very reason so many States are going bk because they have not been receiving the filing fee’s for “legal” documents providing the “chain of ownerships” since MERS was created in1996!!! MERS was created BY THE WALL STREET BANKSTERS to allow them the un-regulated transfers through the NO PAPER system and was drafted by a Law Firm headed by ERIC HOLDER…The Director of the Department Of Justice!!!!
If we don’t VOTE to get rid of these BANKSTERS in betted in our Government as legislators…we’re finished! Research who you are voting for…if they worked for BANKS in their past…PASS….we have the power in the voting booth but know who’s who in the revolving doors….NO BANKSTERS IN GOVERNMENT….
Speaking of criminals, it’s a simple (but not easy) process:
1. Charge Dimon, Blankfein, and all the other bank thugs.
2. Convict them if guilty (HINT: They are).
3. Throw them in jail.
I don’t need more proof that voting doesn’t work, especially with these sociopaths. MOST of our “elected officials” were bought off along time ago.
-JD
Amanda during your research do you know if it is illegal for MERS to assign Deeds of Trust. I have been told that it is illegal. I have a DOT that MERS assigned and I need to find out if the document is enforceable, because MER did the assignment
Carol, email me. I’d like to send you something you can send to Carrington. -John
Below under “Fighting MERs in CA” someone stated.
3) Any assignment of the Deed of Trust & Note from MERS to a successor is void and fraudulent.
I live in Maryland and I have a Deed of Trust that MER’s assigned to successor. Can someone tell me if this is a true statement.? Do I now have a fraudulent document. Would someone be willing to send me their email address so I could scan and send to them, so they can let me know in fact this is a fraudulent document. My email address is jsmith5915@msn.com 443 677 2799. James
have you checked?
https://www.mers-servicerid.org/sis/index.jsp
Amanda, I have been on the MERS site, it only tells me who the servicer Is. Wells Fargo which I already knew
check your county records. I found out that Mers assigned my homeloan to different LLC’s companies (SERVICERS-only debt collector) and sure enough they inflated our income and wrote loans for more that $2millions dollars!
Hi Amanda. It’s a matter of whether or not the presiding judge decides to ENFORCE the law. I’m challenging that issue right now here in Vermont. Go to livinglies.wordpress.com and go to the lower left of the main page, scrolling down, and you’ll see a tag cloud. Click on MERS (rather large).
Here in Vermont, the presiding judge previously ruled that MERS cannot hold a mortgage because it would also require they hold the NOTE, which even MERS says in their documents they cannot do. The Owner of the Note is the party who actually paid money, and is usually the Investor.
With my loan, I went to the MERS site, https://www.mers-servicerid.org/sis/index.jsp, plugged in the MIN # which is at the top of the mortgage (Usually Exhibit B), if it hasn’t already been redacted. (My first case against Citi showed that the identifying numbers of the loan, including the MIN #). This second case shows all that information REDACTED. I’ll be using that fact later against them.
I assume Wells Fargo is showing up as your SERVICER. Are they the party suing you? It is helping, in my case,to show that the bank admits to being merely the servicer, thus without power to foreclose.
Then I hit the “BORROWER” link on the bottom, entered the info on the next page, and on the bottom of the page, the Investor showed up. Probably FreddieMac or FannieMae. If their Complaint is from Wells Fargo, you should be ok, since the investors are the ones who lost money, not WF. The suit should have been filed by Freddie or Fannie, but I doubt it.
-JD
PS: The above is my opinion, I’m not a lawyer, and I’ve never been in a Holiday Inn Express.
look what I found out about the latest “assignment” Ocwen Loan Serv LLc NMLS 1852 and Altisource TM-dba Western Progressive LLC-Mandan Kumar pretending to be “attorney in fact”..
Doc No: 2013-0056477 Record Date: 1/28/2013
Reel: 0 Image: 0 Pages: 3
Document Type: ASGT TRUST DEED
Grantor(s):
AMERIQUEST MORTGAGE COMPANY
O ROURKE GEORGE M
O ROURKE AMADA L
Grantee(s):
WELLS FARGO BANK N A
Descriptors(s):
DOC 973029 2004
Financial Crimes Law Enforcement/Subpoena Contacts List
http://publicintelligence.net/financial-crimes-law-enforcementsubpoena-contacts-list/
See this lady? The one on the left? That’s Amada O’Rourke. (The one on the right is her daughter, also Amada O’Rourke.) See those sheets of paper she’s holding? The ones that are all stapled together? Great. Those are the number of times that her client’s mortgage was bought and sold illegally.
http://occupytheroad.wordpress.com/2011/10/14/fun-with-mortgages/#!
What is the significance of the website?
It’s common for these signers to not even be with Citi like the signers from Orion Financial M Mathews and Mike Wileman
Cease and Desist Order against Citi and Wells Fargo.
There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.
There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith
I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint
“Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”
My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
James Smith 443-677-2799.
Jame,
You would need to have Citi produce the list of MERS-Approved signors as of the date of your document. You should also be requesting the CORPORATE RESOLUTION between MERS and CIti.
But here is where the MERS garbage is actually legally in disarray: The MERS that is on your DOT is not the same MERSCORP that actually has the resolutions.
Also, the documents generated by MERS indicating who the approved signors were/are NEEDED to be authorized by the MERS BOARD. They were never acted on by the board. The guy signing for MERS was the secretary to the board. It SHOULD make a difference.
So far, I do not know of any courts that have actually stepped into the mess of MERS corporate structure, and the way they dissolved a prior entity. I think you can find the full details of the 3 or 4 different entities that are distinct, but the courts and far too many borrowers, have blurred them into one entity in their filings. The problem is that the structure of MERS is so convoluted that you probably would not get anyone on the bench to keep their eyes open to read the history and how this SHOULD cause MERS to have no capability of doing anything on any case.
Check the MERS address and see if it’s the same as address as for CitiMortgage. Of course it is.
Shelley is helping me out with my robosigner. She passed along 10 titles for the same person! Ask her if she has run across Belinksi’s name. shelleystotalbodyworks@comcast.net Good luck! She’s a fantastic resource and a good person.
No they are signed by Geraldine Belinski Vice President. I found others online and she was Assistant Secretary. So I tracked her down and called the bank. She is just a processor.
This is the same stuff that Chase has been doing. The only reason why they changed from signing as an assistant secretary to Vice President is because the “assistant secretary” signatures appear to be a not as a official looking as when someone signs as a VP. Most of these people that are signing as VP of Citibank, Chase, BOA, etc are simply that paper signers they sit in large call centers, where on any given day someone of them go into a room, sit at a large table and start signing away on these types of documents as VP, Attorney In Fact, etc. The bank will always tell you these people have the legal authorization to sign as VP, etc because they are actual employees of the bank not MERS or the FDIC. Have you checked the notary on the document? I would also look up the notary if you haven’t done so already. You should be able to get a copy of the notaries appropriate signature from what ever agency that regulates it for the state they are commissioned in for example we had a notary that signed something out of Ohio, so I called and had their notary application emailed to me for verification of signature.
James,
Ck the VP signature of your assignments dealing with Citi Mortgage. See if any are signed by a M. Mathews or M. Wileman? These are Orion Financial employees and owners not Citi VP’s nor do they any POA to sign.
Howdy Folks, Just have to share one story throughout our 8 year ordeal. During 2011, our Meditation was set for hearing at the Collins Center in Pensacola, Florida. I was very excited about the meditation because finally, someone professional would listen to our side. Our meditation was between CitiMortgage, their attorney, ourselves and our attorney. Well, the 1st meditation went nowhere with 6 wasted hours. The second meditation, Citi’s Attorney was late, meditator left our file at his house, after submitting ALL paperwork, we had an home insurance policy ready to go in place, they were just waiting for the phone call then BOOM….Citi decides that unless we purchase the policy that meditation would be continued. Our attorney defense was, “Why should my clients pay additional monies for insurance if we cant come to an agreement concerning their mortgage”. Folks, getting home owners insurance when your home is in foreclosure is a nightmare! Not only can you hardly find any, you are charged way off the charts. One quote was over $7,000.00 a year for an original $60,000.00 mortgage. What! So needless to say the meditation was scheduled for the 3rd time. We show up for meditation the 3rd time, Citi has new attorney and the attorney knew nothing about our case. While my husband and I are sitting around this huge conference table, our attorney is educating Citi’s Attorney about our case and how Citi misapplied our payments and put us in wrongful foreclosure. All the same time Citi had a modification “Expert” on speaker phone working out numbers for us to settle. Well, Citi would never tell us what numbers they were plugging into their mysterious system. Well, the meditator gets mad at our attorney for doing her job very well and send us to the other conference room to sit by ourselves while Citi does what Citi Does……We still haven’t figured that one out. So we sit for hours, excitingly waiting our deal and finally, we get invited back to the conference room with the meditator and Citi still have no deal for us. But, our attorney gets it so that Citi must make an offer or decline by 3pm that same day. Well, we knew where all this was headed at the end of the 1st meditation, so I made all involved a special gift. You know, for their time and caring about our situation. As we are sitting around this magical table, I of course have my 8×10 framed photos setting out on the “table” of our lovely home and I pull out of my briefcase………….4 Red Solo Cups that had written in sharpie……”Freddie Mac can kiss my Ass”.
LOL! Needless to say, they did not think it was funny. But…….they were all holding their cups and looking at us when we left. Sometimes folks……you just have to do what you have to do. Priceless!
Have any of you received a “Help for Homeowners Event” flyer in the mail? Sponsored by HUD and the Treasury Dept. I love how it’s taking place at the oh-so-ritzy Westin Diplomant Hotel in Hollywood here in FL.
I am so sick of everyone — servicers, govt agencies — wanting to shove modifications down our throats, so that we can continue to pay for this Ponzi scheme ’til the cows come home. What a sack of shit. If only we could sue for emotional damages.
K.B., The funds used to put on the above event are part of the mortgage abuse funds paid out by the largest banks. I would recommend attending. There are grant funds available to help certain folks that qualify. You wont know until you try. I know of a homeowner in Northwest Florida that received a $25,000.00 grant and another nonprofit agency matched the funds. The funds were used towards past due on mortgage and were able to save their home. Good luck and educate yourself. HUD is very helpful and full of resources. They will open doors that otherwise would be shut to you. Don’t waste energy focusing on Ponzi scheme; put your energy into something that can benefit yourself and your family. Stay strong and stay positive. The old saying is, “You can catch more flies with honey”; not to mention the folks you will meet at the event. Networking is good. Just in case, call to verify that this is a HUD and Treasury Department sponsored event.
James,
I’ve also had to deal with Robo signing issues dealing originally with Citi Mortgage. My experience however is that issue does not necessarily lead to any type of relief or help with any foreclosure that may occur. It appears to be an old issue in the courts and if necessary Citi will just redo the Assignment and have a current (real) VP sign. I have 7 assignments with forged signatures. What appears to happen is Citi contracts with a law firm or document processing company who knowingly creates the Mortgage assignment document but then has someone other then a real Citi VP sign. Apparently Citi needs a layer to buffer themselves from this scenario rather then draw up this document in house in 2 mins and have a real Citi emp sign it in 2 secs. With regards to your second mortgage, it may be classified as unsecured, so it has been just written off. I’m unsure if the documentation you signed gives them leverage to attempt to foreclose. 3) With regards to QWR’s, I’ve written many, very few were answered with regard to the questions or documentation. It’s a nice paper trail but nobody’s enforcing any unanswered QWR’s that I know. Citi actually told me that after 1 year of an Assignment change they are not required to answer and referred me to counsel who have resigned.
I need some direction and help. Cant afford and attorney, but Im almost positive I have a case. I actually have 3 different issues going on. 1. This has to do with my 1st Mortgage, Citi Mortgage. I have clear evidence that they are still robo signing documents (never mind that there is a current court order for banks and MERS to Cease and Desist robo signing documents). I discovered some recently posted to public records pertaining to an action that occurred back in 2005. I called the back to speak to the Vice President that was listed on the document and low and behold the individual listed as Vice President was a mere processor. 2. Has to do with my second mortgage which is with Wells Fargo. We got behind on our payments, requested a modification and they said they we were not eligible because it was a second mortgage. In the mean time I have been conducting some research trying to prepare for a foreclosure. Well I found out that Wells Fargo is reporting that they wrote the loan off. They are not aware that I am aware of this and did not send any correspondence to indicate that this is what they were going to do. I still continue to get calls from them asking for payments as if nothing has happened and they have not taken any action. 3. I also in the mean time requested a Qualified Written Statement From them. The did respond but responded with less than 5% of the items that I requested. I know deep in my heart that something is fishy with them. I honestly don’t think that they have the original tile or deed. They did not even sent certified copies which I requested. They are just stamped as copies. I am at my witts end right now and don’t know were to go from here. If anyone can find it in their heart to guide me in the right direction it would be great. I just think that I should go on the offense instead of sitting around waiting for something to happen. I know deep down that something is wrong with this picture I just don’t know what to do at this point to come out on top of all of this. I can be reached at 443-677-2799 or jsmith5915@msn.com. James Smith
James, first thing I would do is request a complete payment history from CitiMortgage. They will not want you to have it, but stand firm. You may find what you need to fight your case in the payment history. Lots of things go on there that most folks are not aware. As far as modification, they will tell you that you must be three payments behind. Lots of folks messed up not making the three payments. However, I do know some folks that did not pay the payments and still won. Issues with high interest rates, excessive charges, etc. Our payment history concluded that we paid $618.44 per month plus $20.00 for electronic payment, thus totaling $638.22 per month. CitiMortgage only credited partial payments of $598.00 per month for years without our knowledge which was a difference of $40.44 per month in actual payments. If Wells Fargo wrote off the second mortgage, don’t worry about it. They have done that on thousands of loans. They probably sold to another creditor. My guess it makes it easier to foreclose with one mortgage. Document, document, document. Do everything they ask. It wont be easy, but through this process you will find your smoking gun. Good Luck. Don’t accept anything more than you feel what you owe. Get a current copy of your credit report and check for wrongful reporting. And Citi probably does not have the original title or deed. Dead horse! Don’t waste time on that issue. Defend your home; its the largest asset in most folks lives.
Imanda, the thing is that we are current on the first mortgage. It was the second that we had issues with. Its probably 8 months behind, but again a representative at NACA viewed my credit report and said that Wells Fargo the 2nd was reporting it as written off. I just happened to stumble up on the robo signed documents for the 1st. Just wondering why WF did not notify us that it was written off and why are they still calling as if they have not taken any action. Im just wondering also if they are going to report this to the IRS if they did right it off?
James, Get your own copy of your credit and investigate whether WF wrote the 2nd mortgage off. Regardless, a 2nd mortgage is tied to the house and property as collateral. Heres where the complete payment history will come in handy; did WF merge that amount owed to the original loan? I don’t know the laws in your state, as I am in Florida. Stay current on first mortgage and investigate your case. If WF did write the loan off; be careful making payments to another creditor. Once you make the first payment you are assuming responsibility for the entire amount. If WF wrote it off, yes, you are likely to get a 1099. Check with your accountant or tax person regarding the Mortgage Relief Act. You do have a one time write off. Robo signing, lost original deed and mortgage, don’t waste valuable time on them issues. Good Luck! WF wrote off thousands of 2nd mortgages. Maybe predatory lending, excessive fees, high interest…..who knows. But, the fact is, you borrowed the money, its only right to pay back what you owe…..but you shouldnt have to pay the CEO’s Salary.
@ James and Imanda – A ‘profit and loss write-off’ on a credit report is simply taking the loss against tax liability for the creditor. It does not mean that the debt is wiped off or that the debt is still not owed. The only means that a debt is wiped from the slate is if there is a satisfaction of mortgage that is filed on the property within the public records. Secondly, a lender cannot ‘merge’ a first and second mortgage together. period. They are two entirely different mortgage vehicles. I wold check the public records on your property to see if there has been a satisfaction filed. There is no requirement for a creditor to notify you that a debt has been written off as it is more of an internal function for tax purposes on behalf of the creditor. Even if a debt has a ‘write off’ they still have the ability to collect on that debt. However, filing for foreclosure is usually not in their best interest as the 2nd position nets them nothing unless there is a large amount of equity in the property. I would consult an attorney after checking the public records to see if there are any ramifications that could be taken against you. If the lender sells the debt to a collection agency they do have to file a satisfaction of record within 60 days of the sale to the collection agency. At that point, you could offer to ‘settle’ the account (usually for pennies on the dollar) or to file for bankruptcy protection (excluding the home with the first mortgage) to wipe out the now unsecured 2nd held by the collection agency. So, the calls that you are receiving from them to collect monthly payments is typical. I would also check to see if your second mortgage is or has been sold on the secondary market (Fannie, Freddie) as that would make it a totally different situation.
Ha sanyone done loan modification with Suntrust mortgage?
I have not heard anything bad about SunTrust at all. Just be careful of loan modifications. My personal experience and watching folks obtain them is by the time they are finished with fees and interest, the equity is stripped in the home. And don’t fall for a balloon payment at the end of the loan. Good Luck! Stay away from any government modification.
Imanda,
Congrats on your specific successful fight. The problem is not everyone’s case is similar to yours in regards to misapplied payments. Many are in the boat of actually having missed payments and therefore the mortgage companies do have some right to attempt to foreclose. The details in those attempted foreclosures however show a long line of errors some even criminal and by the time you get before a foreclosure judge he has little sympathy to rule against the banks and offer any relief regardless of these details. You owed a mortgage, you stopped paying, you lose the house.
Howdy Folks, We have been fighting CitiMortgage for 8 years to the date of settlement on November 01, 2013. I want to share some great news and its been a long hard road; but worth it! After 6 years fighting CitiMortgage over lost mortgage payments that came directly out of our checking account (Citi Rep stated our payments had been blacked out), I hired a new attorney…..a Real Estate Attorney. Citi has put us through anything a homeowner can be put through……..strong armed us, threatened us, laughed at us, 3 mediations wanting us to sign documentation for 3times what we did NOT owe, property inspections, one property inspector had a bulldog in his car that was vicious, filed false motions, lost our original mortgage contract, scam modifications that they never get all the paperwork, time frames, time limits, accelerated interest charges, force place insurance scams and cost, deputies served my daughter 400 miles away, loss of job from mental stress, etc……….Well, heres what we settled to: Citi sold our loan to Carrington during litigation, so Carrington had a mess. We settled with Carrington that we pay $31,000.00 for our house, 0% interest, payments for 48 months, no early payoff penalty, clear title, not def/,liens or judgments, that puts $70,000.00 equity in our home, properly report to credit bureau that mortgage is paid in full, satisfied, they pay legal fees for banks which exceed over $100,000.00. Carrington representative stated that this is the first time that Carrington has been able to talk an investor into settling a disputed claim with a homeowner. So maybe this can help some other folks. Don’t waste time talking to the legal department, you have to talk to loss mitigation and talk only with the person that has the authority to get the investors permission for your loan amount, reduced principal, short payoff program, etc.. These mortgage companies are paid with federal money to write down your loan or make you an acceptable offer. But, your claim must be legitimate and you must be able to prove it. If they make you an offer, make sure it is in contract form and signed and dated. I also called to verify that our representative was an employee of this company and confirmed his title. Folks, do not let them put “Short Sale” on your credit. It will stay there for 15 years! I want to say a Special Thanks to this organization for all posts and educational material put out there for folks like us to assist in defending our rights. Your home is your Castle; Defend IT!
I see a problem, unless you can clarify it for me: The only interest Citi can assign to anyone, including Carrington, is the interest they had in the loan to begin with. If they are not the correct party to assign the mortgage, then the mortgage Carrington “holds” is void. Never happened. DOA.
I suppose the bottom line after all this is you have your house back and are making the normal monthly mortgage payments?
The bottom line is…..we SAVED our Home and within 48 months it will be free and clear, no interest. Banks want folks to sign the HAMP or TARP because in most situations the mortgage is another 30 years with amounts owed (legitimately or not) put to the back of the contract. We refused to sign anything with a 30 year mortgage on it. What was really interesting through this, is that the mortgage companies would qualify us for a 30 year $160,000.00 plus loan but would not qualify us for a $30,000.00 loan. At one of our mediations at the Collins Center, the mortgage companies attorney left OUR mediation to go get a McDonalds hamburger. LOL Do I ever wish I had filmed our mediation uncover style. It is amazing at what they get away with at our cost. The bottom line is…….5 different attorney firms did not foreclose on our home. We feel very blessed.
Has anyone ever received a “confirmation” that BofA received your mod package, even though you *didn’t* send one in???
Either their record keeping is *really* bad (duh) or there are bank elves working on my behalf (or against me, who knows).
My mom completed one in… 2009? And was denied. We haven’t sent one in since. Haven’t paid a dime for ~14 months. They send mod packages regularly via FedEx. I always ignore them because I know they are fruitless. Nobody in my household has completed one.
Either way, whoa.
Can’t wait to see whether they deny my imaginary mod in “10-15 days”! haha
I received a mod package from BofA that I requested, but inside it wasn’t my information! It was some gentleman in Florida! Yes, their record keeping is terrible! Then they called today and, though I’m working with yet my third employee there on a modification (they keep quitting!) told me my deadline was up. My rep knew I wouldn’t be able to provide bank statements and paycheck stubs for a new job and new bank until after the first part of November, yet today they told me my deadline was November 1st! Of course NONE of my paperwork had ANY deadline on it. This is the FOURTH package I’ve attempted to complete. The first, they never sent. The second, I completed but (according to them) didn’t do correctly, was given like less than a week to collect all these documents, and it expired on me. The third had someone else’s name and info all over it. The fourth magically expired without a given deadline, though I spoke to a rep not even two weeks ago, informing him that I couldn’t give him what he wanted until mid-November. He said that was fine. Now he’s gone. His replacement hasn’t returned two phone messages, then magically, they want me to fill out a fifth package. I’m sick of this.
Hey Amy, I am assuming they sent you a “Notice of Intent to Foreclose” via snail mail and did not serve you with foreclosure papers. I would encourage you to submit a Qualified Written Request to the bank (the address for BofA QWRs is available online); QWR templates are also available online for guidance. Their response will include your payment history, so long as that is requested in your letter. I would highly encourage you to have it notarized and to keep a copy for yourself. I would also submit a complaint with the Consumer Financial Protection Bureau, and possibly the Office of the Comptroller of the Currency, that explains how they’re giving youths runaround, and especially how they sent info with another name. If the bank takes longer than the legally mandated 5 days to acknowledge receipt and 15 days to provide all of your documents, then you should submit additional complaints to the CFPB/OCC.
Do you know if you have a loan backed by Freddie Mac or Fannie Mae?
Hello Carol.
I have been known to kick a little &*^% from time to time….. I know I can help you, I won’t charge, it will help you, and well, in case you did not get the memo, the tide has changed….do these things NOW.
GET registered with the CPB (consumer protection Bureau). That “B” is for big….cause Bureau comes with “R” or Resources….
Log with CPB and then ‘go public’…..let the world know that since 2007 people like you are STILL being abused. I lost two homes to MetLife(FretLife) but they lost hundreds of millions to me and others like me, people who are smart, have nothing left to lose, and who NOW will stand with Lady Justice to MAKEHERDELIVER. Start with your Mayor too, document that this crisis is having a horrible effect on YOUR Community and you expect him/her to stand on the light side of the law, not the dark…..
Then call your banks CEO and ask for a secure and personal fax#. Send your letter after you had it notorized….the letter will read:
Trevor Hitchin asked me to ask you to NOT steal this home. He said your are likely now the target of a massive INTERNATIONAL/Global investigation whereby ‘Executives and Sr. Managers’ were tradionally protected by the Corporate Veil and well, now that the US did not regulate (nearly 10 years after the firealarm “Houston we have a total banking ethical meltdown – over” ) itself, the larger dragon enters and does it for the smaller dragon….just before eating the smaller dragon..
Send you story to CNN, both Coast’s major Newspapers (LAT / NYT) and if your Bank has International (institutional investors)Shareholder Services contacts, then – contact them. Let them know you are seeking criminal prosecution for the crimes being committed against you, full of MERS non-registration of Deed etc….whatever you can substantiate with evidence. I filed a police report with Boise City Police over the illegal filing of falsely notarized and MATERIALLY significant docos with OUR United States Federal Courts…..get a DR# for your police report, even it the crime is that the bank is being unavailable, negligent, fraudulent, whatever the case may be…..DOCO it!!!!
Next………… get that police report and a SUMMARY (2 page max) of what happened to you. Fax that to Senators E. Warren and E. Wood.
Fight back – THAT IS THE MESSAGE. The gloves came off for me years ago, just after MetLife filed a false police report against me (for fighting to save my house), after they lied to the Courts, after they had the nerve to think I would not report them to the Dept of Comptroller of the Currency. I wrote them times (to the CEO of FretLif) and 5 times they wrote me back, laughing, saying they did nothing wrong.
They are not laughing anymore. Either is Jamie D over or Bank of America Exec….. BoA is closing the Idado branches so after 30 years of loyalty, I get $70 in service fees and notice that I will no longer have banking outlets with the trusted B o A…..get it? No trust, no bank….they are self-destructing.
Take gloves off, fight. Keep us posted and I will do the same. I am asking for MetLife to now (nearly $1B in punches later) settle with the little people…..US.
Trevor, I’d love to talk to you more. I’m confused on some of the stuff you suggested. Countrywide was taken over by BofA. I’ve asked for loan mods and they denied me repeatedly, even though with a divorce, my income is now half. They say I don’t have a hardship. Finally, I stopped paying. I didn’t pay September or October. Now, Nov 5th, they called and said I was like 5 months behind. BALONEY! And I can prove it. You can read my comment above about how they mishandled my mod packages and how they sent me confidential information for Carlos someone in Florida, over 1000 miles away. I had a broker read between the lines of my contract (that I signed with Countrywide, but was taken over by BofA without any notification), and she found out why I now, after 8 years of PERFECT, ON TIME payments, I owe $25,000 MORE than what I originally did! And they want $80K before they will refinance! Are they on crack? If I’m asking for a hardship loan mod, do they really expect I have an extra $80K lying around? I’m working with a rep (my third or fourth one; the others all quit…probably because they found out all the crap they are doing to people) and even that didn’t stop them from calling me today to say I haven’t paid in 5 months (lie!!!) and they sent a foreclosure notice. I told them to come get it. If I owe $25K MORE than what I did 8 years ago, they will NEVER get their money out of it. I really don’t care. I’d like the bastards to fry though!!!
How can I reach you?
Amy, its all a shell game; one department doesn’t know what the other is doing. Get a complete payment history for your loan. You will find bogus charges added to your loan or accelerated interest charges. You really should hire a Real Estate Attorney/Foreclosure Attorney. You case is starting out just like ours. After 18 years of paying on our house, we owed more than the original loan. BOA has a bad reputation. Be careful of loan modification, they will strong arm you and want to put all the extra fees to the back of the loan making it impossible to ever pay your house off. If you received a foreclosure notice, you have only a certain amount of time. You are getting prepped for “Ready, Set, Go”…….you have 20 days to respond and provide your proof. Good luck, be smart, watch the traps! Don’t sign anything they wont put in writing. Get a financial advisor from your local HUD office.
Take your package to the grand jury in your county. Tehy are not lawyers, not bankers, the prosecuting attorney works for them. Let’s put them in jail one at a time 🙂
The news media will not print or report on this scam by the banks…the banks own the media!!! I have filed many complaints against the banks and nothing has ever been done! Our reality, the banks are stealing our homes and the Courts are allowing them to do it….that’s our new world. There have been several movies on this issue, however, they do not get distribution or advertising because the BANKS own them…I speak of the FBI, the IRS, the CFPA, local District Attorney’s and so on…you can’t even get a small town newspaper to print it…we are screwed and that’s just reality…I have fought in California and Florida…it’s the same story in both states…Banks file fraudulent documents to the Courts…ie: Assignments, transfers, no dated notary signatures and all…no matter, the Courts are turning a blind eye…and why? Because the Judges either obtained a 1% interest rate on their own loans or they have their retirement in the “market” and will not go against them…no matter the mounds of proof stating the scam…we are screwed, period!
its happening to me to by BAC scammed me on a loan modification, now bank of new york melon and cwalt r taking my home, my lawyer doesnt seem to be able to do much about it.
Carol…stop paying an Attorney…you’re just helping him/her pay their own mortgage! Most lawyers won’t come on as strong s is needed because they want to remain in good standings with the Judges….plus, no Lawyer is going to put in the time to investigate themselves…YOU need to get the evidence of the forged documents, I have spent more hours than I realized in the Law Library finding the laws the banks are breaking…it’s not easy to do the digging…but no one cares more about you than YOU…Lawyers are dead in the water on these fraudulent foreclosures….Fight as Pro Se and nail the bastards with your own evidence…the Judges surely know and you need to let them know…that you know what they are doing!! Good Luck…we all need things to turn around or we will become a homeless America!!!
I have a website started at http://www.phhmortgagemustbedestroyed.weebly.com where I’m posting files concerning my own experience with USAA, their mortgage processor PHH Mortgage (doing business under 28 other names in Texas), and their foreclosure mill Barrett, Burke, Daffin, Frappier, Turner and Engel. I believe I’m class member #1 in Texas, and looking for other class members. BBDFTE has a patented process (posted on my site) that enables them to process 250-500(?) mortgages per month, from tombstone notice to public sale, in 26 days or so. Their activity exposes their client, and their client’s insurer, to relatively large penalties, whatever necessary legal fees of collection, and requires restitution effort to class members. I hope to lay out the process to a grand jury soon from the viewpoint of organized criminal activity and pursue depositions of all the individuals in the chain. It is still a crime in Texas to steal money or property, and some of these individuals are surprised when I bring up that possibility. Whoever your mortgage processor is, you should make them aware of that.
Under the RICO Act, the BANKS are operating a “continued criminal enterprise”…which is the law that the cops used to bring down the MOB…these bansters are the new MOB and it would take just one District Attorney to file…good luck on finding one:-)
I agree 100%, What happens when the original filed date is different than the forged filed date
With regards to US Bank assignments, I would review the signatures of the VP. I’ve seen many where they are signed by the Customer Service reps of your servicer claiming to be a VP for US Bank. If you call US Bank’s Trust Dept you will be told Ocwen or Vericrest or whoever does not have a POA to sign these documents, never mind pretend they are the VP of their Bank. You will likely need more evidence as some judges could really care less their is a forged document being presented to their court. I’m sure however if we drew up a satisfaction of mortgage letter and personally signed it Donald Duck as VP we would be lead away in handcuffs in court. Assignments are fill in forms that take less a few mins to complete and 2 secs to be signed properly.
Sybil,
what do hope to accomplish at Loss Mit hearing and can you explain circumstances for it. We are also in Chap 13.
Hi Mark2 I’ve been on a merry go round since 2008..from trust to Countrywide to Wilshire to 3 private investors..just when you gain ground with one they reassign or sell. Investors are not interested in modifications. They have my loan underwater by 40 grand. I am hoping the loss mit will allow me the chance to try to negotiate a settlement. Loss mit is brand new in the Northern District Bankruptcy court. We are guinea pigs for the courts…There are issues with the assignments as well. I’m utilizing every resource I can.
I could collaborate on this movie with you. In Chapter 13 as well Loss mit hearing 10/28 ..mine is now owned by investors as well ..assigned numerous times… It was originally in an MBS trust. . how can you take an apple make juice then have an apple to slice up again…??? Courts allow to fraud day in day out. Good luck!
If you are capable of writing a book, stop hiring attorney’s who just take your money and will not fight the courts in their districts because they want to remain “friends” with the courts! The attorney’s will not fight as you, the homeowner will. Write your own pleadings, Notices and objections and fight these banks on your own. Get it straight…stop giving your money to attorney’s who are using your money to pay their own mortgage payments!! Just a suggestion from another homeowner fighting the corrupt banks in the corrupt courts!!
Agree 100%
The Master In Equity is the worst and the most corrupt
April 2007 Original Mortgage by First Magnus Financial (out of business)
Late 2007 Freddie Mac acquires mortgage with Wells Fargo as servicer
2008 lost job Wells Fargo with Florida Default Law Group files for foreclosure
Wells Fargo offers Trial Modification Plan, collects 3 months of payments and denies plan.
Dec 2009 Freddie Mac forces Wells Fargo to take mortgage back.
Mortgage sold multiple times with what looks like phony assignments.
Still fighting through chapter 13 and hoping just to get a modification.
Went to chapter 13 modification meeting, big joke. Supposedly new note holder claims to have bough note from Wells Fargo (remember I said multiple owners) they are investors not interested in a modification (my attorney knew that before he scheduled mediation ( but he gets $2000 from trustee for scheduling it) there is no more money to be had so he is asking to be let out of the case) good riddance. Have hired new attorneys and hopefully something good will come out of all this. It seem that everything that could go wrong with a foreclosure, happened to me. I’am waiting to see what happens next. Then I’ll write a book with movie rights.
sorry its your own home that enlightened you, in my case it was an abandoned zombie house I had deeded over to me and WOW same thing as you and now in the hands of Select Portfolio inc. I fought back got mediation no results then made a deal to back off with forclosure mill for peanuts now its theirs. Next time ,well I have ideas.Thanks guys for the help and wow what a scam. Just need to find a few holes in the everchanging plan. Take the crumbs.Fla just changed rocket docet from 7 min.to 5 min whoal better talk fast
I wish you the best of luck!
We’re awful close to a successful defense of an illegal foreclosure here in Texas! And I retain the house. Details are now public at http://www.phhmustbedestroyed.weebly.com. I’m now looking for resources to pursue the class action, and anyone in Texas who might be a class member. I don’t want your money 🙂
@ Wendy – Since you are in Colorado you are in both a judicial and non-judicial state depending on the powers of the ‘trustee’ of your mortgage, if there is one. You need to act right away as once the sale is set and consumated it is final – you have no right of redemption in Colorado. I found a site that may be of assistance if you have not already found an attorney to represent you. http://www.colorado-foreclosure-defense.com/foreclosure/
If they can’t help I am sure they can recommend one since they are strictly defense attorneys in foreclosure meaning that they only represent borrowers defending foreclosure cases.
@ Sheryl Sutter – thanks for sharing the website. I have ‘shared’ on my FB page and sent the link to others in my email book.
The outcome: , after much fighting 2 lawyers a lot of continued stress and heart ache , it has come to an end we could not afford to fight anymore after losing jobs , caring for our daughter disabled and marital stress, auto accident not our fault left with injuries. We like they continued to say signed the paper ( to reluctantly avoid future costs) we will now be most likely homeless.
Lawyer recommended to take the deal, we now found out they never had the note. (but we signed the deal) hoping things would get better.
It seems they neglected to tell you that most rentals now our owned by some of same and now your credit check fails ( so much for that) the reason I am writing this is most likely we should have kept fighting but our bank account could not afford to do this anymore, or emotional strain , physical and mental stress, We feel defeated and heart broken and on we go.
I’m not a lawyer, however, it seems to me that if they coerced you into a deal, and you find that they never had standing in the first place, that the “deal” can be rescinded and should be. I may be wrong about this. I want to know where the hell “breach of contract” went throughout all of this…just a thought. From all that we have experienced, the only ones that can be sued for breach of contract seem to be homeowners; however, when the shoe is on the other foot – no harm no foul.
GO TO YOUR LOCAL NEWS STATION
WRITE A BREIF OF THE DOWNWARD SPIRAL,
A SIMPLE STORY STRAITE TO THE POINT A SNAPSHOT, ATACH FAMILY PICS, RICHES TO RAGS, CRONILOGICAL ORDER AND DO ME A BIG FAVOR SEND IT TO EVERY NEWS TV, STATION DR.PHIL, OPRAH, ELLEN ECT….. THEY WILL FEATURE YOUR STORY CLASSY NOT TRASHY, WE HAVE A NEWS STATION 7ON YOUR SIDE LOCAL REAL PEOPLE STORIES, STATION. WATCH, IM SURE THERES ONE IN YOUR AREA. LOOS THE LAW SHARKS, SHOULD ALL BE ON A CONTINGENCY BASIS YOU WIN YOU GET PAID!!!
GOOD LUCK SOCIAL MEDIA — USE IT! MY EYES ARE BLURY AND LIKE YOU IM PISSED
IVE HD 32 SURGICAL PROCEDURES IN 10YRS AND NO WELFARE FOR US SO CALLED MIDDLE CLASS, NONE LIKE YOU, NO MATTER WHAT YOUR STORY IS BIG OR SMALL ITS YOUR FAMILY DREAM AND SHOULD REMAIN PRIVATE, SO GO AHEAD AND SAY REMEMBER WHO BUILT THIS COUNTRY US THE PEOPLE THE GOV. MEDIA IS SUPOSE TO WORK FOR YOU AND I STAND YOUR GROUND HELP IS AROUND THE CORNER OH LUCK IS WHEN OPORTUNITY SHOWS ITS SELF AND ON ACTS ON IT!
PRAY TO WHICH EVER HIGHER POWER GOD POSSATIVE LUCK WILL PRESENT ITSEF TO ALL AMEN!!!!
Mortgage Defense Lawyers,sorry got a head of myself.Thanks
Hello,im looking for mortgae defense lawyers in ky…Thanks.
“They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.”
This speak only to the void ab initio aspect as a trespass and that this only explains that the judgment is of no account, but does not in any way allow you to sue the judge – prove me wrong by filing a lawsuit against any judge and the attorney representing the judge will automatically have his motion to dismiss granted on the basis of absolute judicial immunity for judicial function, but if the lawsuit alleges an administrative act as something for which a claim can be sustained then the judge would not have this immunity and the lawsuit might proceed.
Also
“The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.””
This also does support a lawsuit against a judge, but that perhaps another individual in some other state capacity might be sue and lose if your lawsuit has merits, such as when someone acts under color of law or if the person is a police officer that makes a false arrest or a prosecutor provides advice and is not involved in a judicial function and that advice does you harm or injury to your rights or property and the case could be filed as a Bivens action under 42 USC 1982 and most of these are dismissed, especially when it is a layman trying to prosecute a claim and fails to state a claim upon which relief can be granted as subject to dismissal sue sponte by the judge before any motion to dismiss is filed by the defendant and I can direct you to some of those cases on Pacer or Findlaw.com to read how the plaintiff fails and the defendants never are held liable, because the plaintiff/victim does not understand how to state the facts and apply the law to the violation.
If I were to file a criminal complaint in N.J. county against a judge for lying (or perjury) in a summary judgment that was granted to plaintiff, he not have immunity ? By stating that the plaintiff presented the original documents at the hearing when in fact both the judge and plaintiff’s attorney know that is not true. Its in the court transcript. The judge only stated his fact in the Order.
are there any honest people out there. I mean who can you trust…feels like no one ..lately
Penni? Where is the link on MERS that’s going to change everything???
I am looking to find out whether Shequita Knox (believe she is actually a Chase employee, seen her listed as Senior Operations Manager) and Angela Ruth Payne (Notary) are listed anywhere as robo-signers for Chase. I have found a few documents which Shequita Knox has signed but unable to find her name on a list of robo-signers. She shows up on some documents with a known robo-signer Miranda Avila. She has signed documents as Vice President of MERS, A few different banks; as well as Chase and FDIC (Attorney In Fact). I have found a few court cases that Angela Ruth Payne shows up in but no other documents with her signature on them. Also looking for Douglas Theener, who has signed as the VP of Chase. I spoke to a local Chase and was told he is actually just a foreclosure specialist out of Ohio. As a side note, is anyone else on here dealing with Northwest Trustee Services?
Shequita Knox work in chase office on Kansas lane in Louisiana. I spoke with her but they trained her well and she transferred me to her supervisor. The supervisor would not answer any questions. She signed as a witness on one of my documents Leshonda Anderson signed as VP when I spoke with her she told she gets paid to sign papers and answer phones. Do not waste time speaking with Chase as they are all liars. I pay my lawyer very well to fight them. It has been 2 years and chase will not produce any documents and they are in violation of a judges order to produce. I will look through my docs for there phone numbers and post when I have some more time
That would be nice to get phone numbers. I have actually been calling local Chase Banks to get contact information on these people. The local Chase was nice enough to locate them and tell me what their actual titles were. Yeah, I am very aware of their call center tricks.
Ok everyone, here is the winner!!!! Penni
A friend of mine sent me this link a few minutes ago…WOW! Even if you don’t know anything about MERS or don’t own a home (anymore) you DO know someone who has been or is being right now affected by this corruption. This is breaking news that WILL change this whole system…..
Please share widely, MAKE THIS GO VIRAL THIS WEEKEND! Post on your FB pages, your blogs, EVERYWHERE!!!
here is mr cox. he is In Illinois with jpm securities. has nothing to do with mortgages according to his profile
Compare product features, ratings and reviews at FindTheBest.com
All Categories
Related
JoinSign In
Home»Business & Finance»Financial Advisors»Detail
EMBED
John Cox
Bio
Employment
Education
‹ See all Financial Advisors
Last edited Aug 31st 2013 by FindTheBest
John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
John CoxFinancial Advisor in Carmel, Indiana
Save Write a Review Edit
Firm: J.P. Morgan Securities LLC
Individual CRD #: 6150838
Be the first to review
click stars to begin review
Bio
Employment
Education
Professional Bio
Overview
Current Office Employment 12/27/12 – Present
Firm J.P. Morgan Securities LLC
Find J.P. Morgan Securities LLC Advisors
Independent Contractor
No
Types of Available Compensation Arrangements
% of Assets
Performance Based Fees
Fixed Fees
State Registrations
Employment Details
Current Investment Advisor Firm*
Investment Advisor Firm J.p. Morgan Securities Llc
Total Assets Managed $43,630,213,339
Number of Advisory Clients 100+
Average Account Balance $190,920.13
Firm Client Breakdown
Individuals
Other
Pension/Profit Sharing Plans
Pooled Investment Vehicles
Investment Companies
Insurance Companies
Corporations/Business
High Net Worth Individuals
Charities
Current Broker Dealer Firm*
Firm J.p. Morgan Securities LLC
Registrations Government Securities Broker
Registered Broker Dealer
Work History**
Firm
Location
Start Date
J.p. Morgan Securities LLC Carmel, IN December 27, 2012
Education
Financial Exams
Financial exams passed or failed. Premium content requires login. Registration is fast and free.
Exam Code
Exam Date
Grade
Series 63 March 04, 2013 Passed
Series 6 February 22, 2013 Passed
Looking for a Financial Advisor?
Find An Advisor
Advertisement
Contact Info
Current Office Address 14801 U.S. 31 North
Carmel, Indiana, 46032
United States
John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
14801 U.S. 31 North
Carmel, Indiana 46032
Map Data
Terms of Use
Report a map error
View a map of all Financial Advisors
Find Out More about this advisor
Other Advisors in Carmel
Full Name
Firm
Jones, Tammy Charles Schwab & Co., Inc.
Little, William Lpl Financial LLC
Snyder, Bruce First Heartland Capital, Inc.
Fish, Sarah J.J.B. Hilliard, W.L. Lyons, LLC
Johnson, Carol Gwn Securities Inc.
More Advisors in Carmel »
FAQ for John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
›Which Investment Advisory Firm employs John Cox?
›What states is John Cox, advisor at J.P. Morgan Securities LLC, registered in?
›How can John Cox, advisor at J.P. Morgan Securities LLC, be contacted?
*The employer information pertains strictly to the firm of which the individual is employed. Because many of these firms provide a variety of products or services, the individual may or may not be registered to operate under all services provided by the firm.
**Please note that the IAR is required to provide past employment information only while registered with an investment advisor firm and the information is not updated through Form U4 after the IAR ceases to be registered. Therefore, an employment end date of “Present” may not reflect the broker’s current employment status.
Was this page helpful?
Yes
No
Company
About
Contact Us
Blog
Press
Partner With Us
Businesses
Advertisers
Jobs
Team
Content Policy
Privacy
Terms
Network
FindTheData
FindTheCompany
FindTheCoupons
Death-Record
LocateGrave
WeatherDB
Connect
Facebook Follow us on Facebook
Twitter Follow us on Twitter
+1 Follow us on Google+
in Follow us on LinkedIn
© 2013 FindTheBest.com, Inc. All Rights Reserved.
United States
@ Hammertime – you are absolutely correct about this particular case in Arizona, but it has little effect on those outside of Arizona. I am in Florida. Are you in Arizona? This is a great basis by which to use in Florida under another similar statute where you can prove ‘no standing’, but unfortunately, our courts are not as easily convinced as this Arizona court. You asked if I had a reference number in my case on a previous post. I’m sorry but I don’t quite understand your question. We are issued case numbers in Florida, so is that what you are asking?
Actually, I’m in CA but as with Glaski case here hopefully we are seeing a trend where more common sense is being applied. I thought I read about cases where banksters are continuing to robo-sign etc while saying the payoff of settlements means case closed. May be what I’m seeing with Chase and I thought I’m might be good to review your case and how they treated docs and signatures. I was thinking I could look up on PACER. Thanks!
WHere is the immunity trillionsof dollarsoffraud? , when
Pursuant to United States Supreme Court Case of Elliot v. Piersol
“Under Federal Law which is applicable to all States, the US Supreme Court
Stated if a Court is ‘without Authority. its judgments and orders are regarded as nullities.
They are not voidable but simply void and form no bar to recovery sought, even prior to reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentence are considered in law as trespassers”.
I am signing off now and so can not leave any more replies today, except to say that I do not know why you posted your reply here as it is out of place to my reply to your question and that from your reply above it is apparent that you do not know how to read court opinions of quotes taken out of context, which is a mistake that so many people make, including attorneys that I have fought against in court. I do not mean this as any sort of insult and please take this as constructive advice to learn how to read opinions usually requires that you read the whole opinion to comprehend the real purpose of what is stated therein. You are mixing up apples and oranges somewhat. Wish you the best in your learning curve as I was once just as perplexed by having such impressions that took me many years to overcome some bad teaching by pro se or unlearned individuals that were very enthusiastic and many time opportunist out to just rip off the ignorant that have no formal college education in law that takes years to master even a small part of. More important than anything is to learn the rules of the court and read annotative versions of the rules before thinking that you can play the game. Pray this helps and is constructive and not destructive to your circumstances and reason for being involved as most others just stick their heads in the sand.
trillionsdofdollarsoffraud
On August 31 2013 at 4:30 PM the following message board email showed up on my email page
New comment on Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge
trillionsofdollarsinfraud commented on Message Board.
in response to marilyn lane:
Trillionsofdollarsof fraud- How would this work? what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date
So I replied to you.
I never pretend to be a judicial scholar but I do know what Elliot v. Piersol
refers to when it deals with Void ab initio Judgments.
A judge has no desecration but to mark vacated a judgment signed
in a state court during the time the case as under Federal Jurisdiction.
That is exactly what Elliot v. Piersol states, if a judge goes beyond
his or her authority they are trespassing. Trespass has no immunity.
Judge or kangaroo.
at trillionofdollarsoffraud
I can see why you are upset that my reply to your August 31st post to me, is overlapping with your present discussion but that doesn’t mean I don’t know how to read the court decision of Elliot v Piersol and judges immunity—see belowCASE LAW ON JUDICIAL IMMUNITY
Judicial immunity does not exist for judges who engage in criminal activity or aid and abet in criminal activity. The United States Supreme Court has stated that “if a court is without authority; its judgments and orders are regarded as nullities.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828). http://supreme.justia.com/us/26/328/case.html They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.
The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis added] See Scheuer vs. Rhodes, 416 U.S. 232, 94 S.Ct. 1683 (1974). http://supreme.justia.com/us/416/232/index.html
Does anyone know if trillionsofdollarsof fraud ever have a connection to a title company.?
Good post on approach: partial http://findsenlaw.wordpress.com/?goback=%2Egde_5012823_member_269808948%2Egde_5012823_member_268312203#%21
The recent Arizona appellate court decisions, Stauffer and Huff, are significant because Arizona’s federal district courts had been regularly dismissing homeowner claims for false recordings on the pleadings, claiming that the statute 33-420 did not apply. When reviewing issues of state law, the district court is charged with determining how the Arizona Supreme Court would interpret the state law. Now we know how the Arizona appellate court interprets 33-420, and it isn’t the way the district courts were applying it. Here’s an excerpt of a motion I wrote back in Sept. 2012, asking the district court to either reconsider dismissing my client’s 33-420 claims on the basis that the statute didn’t apply to these types of documents or this type of homeowner, or certifying the legal question to the Arizona Supreme Court:
The claims relate to false claims of interest, not to “show me the note,” but despite the disparaging label, one thing is clear: parties cannot run around making false claims to collect from borrowers when those parties do not own the loan. As a Texas district court recently put it, “Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” Miller v. Homecomings Financial, LLC, 2012 WL 3206237 at *5, __F. Supp.2d __(S.D. Tex. [Hous.] 2012)(denying servicer’s motion to dismiss).
Finally, the Court erred in accepting Defendant’s facts as true on a 12(b)(6) motion, instead of reading the Plaintiff’s allegations and the plausible inferences therefrom as true, the appropriate legal standard. Plaintiff pled that Defendant did not own the loan, and that the Plaintiff was not in default to Defendant. Yet the Court adopted wholesale Defendants’ allegation that Plaintiff was in default, stating “[a]t some point, Plaintiff defaulted on the note, and a Notice of Trustee’s Sale of the property was recorded . . .” (Doc. 11, p. 1, line 22).
A. Plaintiff’s Claims Do Not Derive From Arizona Supreme Court’s Definition of Show-Me-the-Note.
In Hogan, the Arizona Supreme Court narrowed the definition of “show me the note” espoused by the district court. See Hogan v. Washington Mutual Bank, N.A., 277 P.3d 781, 782, 783 (2012). The Court specified that a “show me the note” case is a plaintiff’s claim to relief based solely upon the defendant’s failure to show the note prior to “commencing a foreclosure,” without affirmative allegations that the Defendants lacked an enforceable right in the note. Hogan v. Washington Mut. Bank, 277 P.3d 781, 783 (Ariz. 2012), as amended (July 11, 2012)(“But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed.”). As an ordinary part of the procedure, the non-judicial foreclosure statute does not specifically require that first—“before commencing” a sale—-that a foreclosing party show the note. The Court never said that when a Plaintiff pleads evidence showing that a foreclosing party lacks authority to foreclose, that it can never be raised under any legal theory. That would be nonsense.
The Hogan court pointed out what was missing from the Hogan Complaint: (1) “Hogan does not dispute that he is in default under the deeds of trust and has alleged no reason to dispute the trustee’s right.” Hogan, 277 P.3d at 784. (2) But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed. Id. at 783. (3) Hogan’s complaints do not contest that each sale was noticed by a trustee who had recorded an instrument demonstrating that it was a successor in interest to the original trustee. Id.
Unlike Hogan, which was a wrongful foreclosure case, this Complaint alleged false statements in the recorded documents. PLAINTIFF is not in default to these Defendants because none of these Defendants is a valid “beneficiary” under A.R.S. §33-801(1) or a valid “Lender” or successor as defined by PLAINTIFF’s Deed of Trust.
Also, as Hogan mandated, PLAINTIFF pled affirmative facts showing material falsities in the recorded documents which challenge the beneficiary’s identity and authority, and the identity and authority of the trustee.
Defendants’ recorded transfers were plainly false. PLAINTIFF pled how the Note was transferred from TBI Mortgage Company to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008. The Deed of Trust is presumed to follow the note. Vasquez v. Saxon Mortgage, Inc., 228 Ariz. 357, 266 P.3d 1053 (2011). Consequently, the December 19, 2008 Assignment (“First Assignment”) directly from TBI (who had divested its interest years before) to Deutsche Bank was false, even if the signatory had authority and worked for the alleged entity she signed for, which she didn’t. The Second Assignment, in July 7, 2011, again tried to transfer TBI’s interest to Deutsche, via MERS. Again, TBI had already divested its interest. Finally, the Corporate Assignment purported to transfer an interest in the Deed of Trust from MERS to Wells Fargo Bank on July 19, 2011. (Compl. ¶ 26).
If the Note was validly conveyed into the Trust where Defendants claim that it is, then it went from TBI to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008 pursuant to the agreement that formed the Trust. (Compl., ¶15). Otherwise, it was not validly in this trust. These facts show why the documents recorded by Defendants, evidencing a purported transfer of the beneficial interest via the First, Second, and Third Assignment, were false.
The transfers of interest are integral to the beneficiary’s claim of authority Only a beneficiary as defined by the statute—to be strictly construed—could validly appoint a trustee, and this could only occur “after a default” in the contract secured. A.R.S. § 33-807; Deed of Trust ¶22 (only a “Lender” can order the power of sale, and only after a default to the “Lender” occurs). If these interests are false, as PLAINTIFF alleges, then PLAINTIFF has pled facts that contest the beneficiary’s identity, authority, and interest, and contest that the sale was noticed by a valid trustee, or that the trustee had an order to exercise the power of sale from a valid beneficiary. (Complaint ¶28).”
Thanks Mark. My foreclosure is with Chase and I have been looking to see if the name, John Cox, is anywhere out there as a robo signer. I doubt if any of the names on your list for US Bank would list this John Cox name. Can’t find him anywhere in Chase, but then again, the name in itself is so common. I rather think they made up this name just for that purpose!!!
Do you have a reference to your case? I’m going on 6 yrs with my case and seeing some of the fixing on my docs. emma.parker-at1g98b@yopmail.com
Bobbi this may help. Look up John James Cox of JP Morgan Chase. Remember JP Morgan purchased Chase Bank. This link confirms a John James Cox worked or works for JP Morgan http://financial-advisors.findthebest.com/l/573163/John-Cox This may just be something to follow-up with regarding John Cox.
Thanks! Mark
I don’t know if you have already done this or not but when I was actually trying to locate information on the couple of people that signed documents for us with Chase, I called a local branch gave their names and asked for contact information, location, what position they held etc. I have had a similar problem trying to locate anything on Douglas Theener, who was supposed to be a VP but when I asked what position he held I was told he was just a foreclosure specialist. It almost appears some of these people signing documents for Chase are non-existent. Also, have you looked up the notary that signed and stamped the documents John Cox signed? That might actually we have had better luck with finding stuff on the notaries.
I re-read what you said back to Mark about John Cox being from Chase so he wouldn’t be on a list for US Bank. I wouldn’t be so sure, I have documents signed by a Shequita Knox as VP for Chase and have found things where she has signed for MERS and other banks. Just a thought.
So, we keep the Mark’s separate, I’ll be Mark2. Many of us seem to have the same forged Assignment issue. You would hope that the Courts would view it as fraud brought before them but very often they just don’t care. Their bottom line is you owe a mortgage. There is a website; I’ll try and find it, that does list current robo signers who are not VP’s of the banks, etc signing. In our case the Customer Service rep from the Mortgage servicing Co signed one as VP for US Bank. We’ve had 7 assignments done in 18 months. None appear properly executed. Hopefully you find a judge willing to listen to this debate but usually all it does is delay the end result; which is paying.
@ Cheryl – well, since you filed for BK protection while or during the foreclosure, that is totally different than someone who is not in bankruptcy court. Once you file bankruptcy (and it depends on whether it is a 7 or 13) the courts are battling both from the bankruptcy court and then in civil court in the foreclosure. That’s not comparing apples to apples.
I have to disagree Mr. Swan. We went into bankruptcy not out of need, but to give us time to figure out where the bank thought they had a right to put us into foreclosure (our attorney’s idea); it was when the bank filed their “claim” that we discovered the forged mortgage. We were afforded no protection (outside of time to figure this out) by the Bankruptcy court. The Bankruptcy court avoided the mortgage due to the forgeries, however, they then tried to sell the avoided mortgage back to the defendants, so that they could proceed with the originally planned foreclosure.
We went to the US District court (twice) and to the US Circuit Court, winning all three times and finally were awarded the mortgage void-ab-initio and no equitable mortgage. That took seven years. I don’t care where you are fighting your forgeries it is no cake walk. Don’t make the assumption that just because someone chose to fight it through bankruptcy court that they are there because they couldn’t pay their bills. Fighting forgeries, in any court, state or federal is going to be daunting; straight up.
I filed Chapter 13 after being put into foreclosure. I was told if I was 90 days behind Chase would modify my loan – surprise – they didn’t even notify me – just stopped taking my calls and I found out from the county. They tacked on all sorts of attorney, etc. fees, which made it impossible to get caught up, so I paid all that back through the Chapter 13 and thought I would have a fresh start. Five days after my Chapter 13 was released, Chase started telling me I was in default. They did not apply an escrow shortage payment I made during the Chapter 13, and also did not apply one of my monthly payments, even tho they cashed my check and then sent “Intent to Foreclose”. I was with Wamu at the beginning of all these years. I need to find someone to help me with this. My bankruptcy attorney has contacted Chase repeatedly, but this is not her area of expertise. I know it will continue to be difficult, but I can’t just let them take my house.
I’m in Colorado.
@Wendy Maunu – We paid over $50,000 supposedly to our principal only to owe $10,000 more on our home when our discharge occurred and they took a car, that according to our trustees report was paid off plus an additional $1,100. The one thing that we discovered throughout this mortgage fraud is that the bankruptcy court, for one, is mainly the creditors friend…not yours. Another thing is, that lawyers versed in bankruptcy, are not well equipped to handle these types of frauds and the banksters know that. We were fortunate enough to have a friend that was a bankruptcy attorney that was willing to take on the forgeries…however, none of us ever dreamed that it would turn into a seven year trip through judicial purgatory. We are now at the stage where it is time to pay the piper…however, it took me three months to find a reputable firm, that didn’t make the ignorant statement as to the fact that “we won the house”…I am not sure as to legal representation in Colorado, however, I am connected with many fraud and forgery victims across this country…I have a Facebook page called Share Your Story of Mortgage Fraud (https://www.facebook.com/ShareYourStoryOfMortgageFraud), that is one of the places that I connect with other victims such as yourself…it’s a good start…don’t reinvent the wheel…and by all means fight. You are not alone
@ Mark – WHAT signatures? Do you have a site address that lists various recognized robo signers? I would definitely be interested if you have such a list or site.
Bobbi I have learned to question everything. I believe what I have found could support a class action lawsuit against US Bank which is trustee to many Mortgage Backed Securities. It can put ALL of their Assignments and Transfers into question. I am willing to email what I have to anyone willing to help me. Thanks!
Have you researched who gets the biggest pay-out in a class action suit?
I know it is the attorney’s, but many homeowners win their properties then the effort served its purpose.
I too am going up against US Bank I would appreciate any info you have on them and I am willing to share the info I have.
@ Cheryl Sutter – In the state of Florida, robosigning is a big deal! According to your example, for instance, if you had a property that was held by a corporation and the deed transfer was signed by a secretary instead of an ‘authorized person’ of the corporation, then the deed itself is legal? Wrong!!! Same goes for persons signing mortgage assignments, satisfactions. If the person signing is not authorized to do so, then the document itself is fraudulent. Having it recorded, makes it fraud upon the courts. The bankstas are not stupid enough to try to forge actual notes and mortgages….but they do robosigning to try and ‘fix’ gaps in title, which in the proces of chain of title on a property cannot be done. You can’t go back in time and replace a document to make the chain ‘connect’. That robosigned document just may prove no standing in his case and have the foreclosure dismissed. Whether it’s dismissed with or without prejudice is up to the judge, but a pot load of proof of fraud included in the motion(s) against the plaintiff (banksta) would go a long way in favor of the defendant. My best advice is to keep on fighting the courts; and don’t give in!!! Like you, Sheryl, I am in my 7th year with my battle and thus far Chase has not been able to provide proof of standing….
I do understand what you are saying, however, going on what we have experienced as being the victims whose signatures were actually forged, it was, by the bankruptcy court to be considered no big deal. Now, if actual homeowners signatures being forged is met with such aggression, I can only imagine what someone claiming robo-signing will have to go through. I agree that it is all illegal, my only point is that you need to make sure that your case is solid and be wary of the laws that will be used against you, terming you a deadbeat; and being backed up by the courts. My heart goes out to you…no one should ever have to go through years of judicial litigation when the crime is so obvious.
Bobbi I am willing to email you what I have to show you first hand the FRAUD US Bank is doing. I will email anyone willing to help me. Thanks!
You can contact me here emma.parker-at1g98b@yopmail.com. I’m reviewing possible options and we can compare notes.
Please send me what you have and I am very willing to help you bring down US BANK
mlfwf@yahoo.com
We won an avoided mortgage against US Bank (Sutter vs US Bank) via US 6th Circuit Court on 01-04-2012 (www.ca6.uscourts.gov/opinions.pdf/12a0001p-06.pdf)…we are now going after judgments received as tokens (they never thought we would be able to go after and collect) during our case. At this point, we have not received proof that the note was ever assigned to them (US Bank/Ocwen)…I will gladly share anything that I have if it helps…
Have you had it analyzed by a forensic doc. examiner who is board certified and qualified?
Macy when you see these signatures ANYONE and I mean ANYONE will see they are forged. I do not know what your professional experience is but i could show you them. Let me know.
Mark- would it not be prudent to have a forensic doc. examiner determine that forgery and enter it into evidence? Are you or a person making such allegations qualified to determine the authenticity of those signatures? Wouldn’t you want your evidence authenticated?
I am looking for help with what should be my next step. I have documented proof that the US Bank representatives signature on a “Assignment of Mortgage” is FORGED and the document was notarized. The “Assignment of Mortgage” goes in front of the judge on September 17, 2013. I have documented proof that US Bank is having individuals sign “Assignment of Mortgages” on behalf of a bank representative and then having it notarized by ROBO notaries. I have the documents to PROVE what US Bank is doing. Please help
Being someone who has survived forgery issues (Sutter vs US Bank); I can tell you that as homeowners, whose actual signatures were forged to the mortgage itself, it was a seven year battle; and that was after we got the avoidance because the bank and court felt that the bank was entitled to an equitable mortgage. We won, however, I guess my point in all this is, if the forgeries are not of your signature(s) then your chances of winning are most likely nil. My suggestion, is that you have all the assignments reviewed and look for other discrepancies that may be evident, but don’t get all fired up about the robo-forgeries.
Sheryl.
Thank you for your response. My only thought is that in my case the bank is trying to show Cause and Standing. But, they are using forged signatures to do so. If the bank can not show Cause and Standing then they have a problem. Correct?
Thanks!
You would think that; however, you will have to have stone cold proof and you will be amazed at how they twist the laws to conform to their way of thinking. You see the thing with robo-signing is that is an in-house deal…although highly unethical, it doesn’t put the banks interests at risk. It would be like going to the local city hall to get a building permit and the secretary, instead of the department head, signs the permit. You still have your permit; she may get chewed out, but it doesn’t change the legality of the document…if that makes sense.
I would personally recommend spending your time trying to work thru the issues keeping you from being current and try as well and negotiate with whoever is making claims on your mortgage. Going before a judge and telling him or her your mortgage title is clouded or the assignments fraudulent often falls on deaf ears. Judges hear the fact that your behind and they really could care less as to who the balanced is owed. Set your normal payment aside in an escrow account if needed, but show your making some attempt to get back on track.
I’m in the same boat with deceptive/fraudulent responses on QWRs and posible clouded title. I’m seeing DIY/preview reports done for $250-$300 and full packages to $2,000 range.
Thanks for the info re: prices. Not sure what it will run me but I will post when I find out. Do any of you know whether it helps to have this prepared by a licensed title company? Or whether they even prepare this kind of analysis? I contacted the title company we used in the past when buying a home but they had never heard of a COTA — which started to make me nervous as to whether a COTA is legitimate.
They are more often used on the commercial side although you would think it would be part of due diligence for any supposed title insurance. My understanding is it’s good to have a third party/professional certification when you get to court stage. On the other hand if you still have time and are trying to get them to the table you can try it yourself. I did tech support for a property records company and basically you list every recorded document and make sure they all line up by dates, parties, legal description etc. You can google online property records and can view images without paying in some cases. Could be enough to get you going. When you’re dealing with alot of files and different parts of the country or going back alot of years is when you really need an expert. Then again someone that knows how a particular county works can pick up something that lay person may not.
The info that my servicer has provided through a 3 QWRs I’ve sent over the past 3 years is contradictory to what’s available in public record. We would argue that the title is clouded based on that + the COTA and *hopefully* this would inspire some form of negotiation. I suppose I’m just grasping at straws before we enter foreclosure proceedings.
To prove what? That the mortgage company serving you has no standing to proceed thru a COT analysis?
Hey all, I have discussed the possibility of going on the offensive with our case pro se, with guidance from those with knowledge of the law and those who have done it before. We have not been served yet. I wanted to ask if any of you have ever created (or paid for) a Chain of Title Analysis?
@K.B. A chain of title analysis or “Securitization Audit” as I refer it can be effective but it really depends on how you intend to utilize the information.
@Mark asks “To prove what?” and that is a great question because the audit should answer [or raise] a specific question that will aid in your defense of the foreclosure action. At the moment you make it clear that there is no such action commensed.
Here’s what happens. Many homeowners are sold an audit report and are told is a legal document. They rely on ambitious representations in the report and make claims against the “bank” in court. As @Mark also says.. those claims fall on deaf ears.
In order to conduct the audit, one should have a solid understanding of how your courts, appellate courts in particular have decided the specific issues your raising with the audit. Audits are useless if it’s done blindly.
For example, Some states view the homeowner as a non-party in the foreclosure action therefore the audit would be fruitless even if your audit proved murder.
Other states courts have the decided key issues that make a securitization audit worth while. As for the county records that you mention in your post, keep in mind the audit does not focus on land records.
I do agree with your general view that the COTA may offer you leverage to obtain a loan modification but I would hestiate to say that it has a specific use with loan modifications.
I’d be happy to take a look at what you got to see if there is a context in which you may prevail.
Alex Frias
NEED A GEORGIA FORECLOSURE ATTORNEY (ATLANTA AREA -NORTHERN DISTRICT)
I have been fighting Chase and their attorneys pro se.
I my latest Answer to the court, I provided proof of possible criminal behavior by the foreclosure mill attorneys.
Their latest move was to replace the “regular attorney” with one who specializes in RICO fraud.
Quite telling.
I need a good Foreclosure Fraud attorney in Georgia (non-judicial f/c state)
Any suggestions would be greatly appreciated.
Thanks in advance.
try livinglies.wordpress.com Neil Garfields site. He has a page with a list of attorneys.you may have some luck there.
Yes, represented by attorney and yes, we have contacted Trustee. No reply yet. MOC was 1 month after filing and creditors DO NOT have to attend, they have an additional 90 days to file a claim which was 8/4.
There is a 6 month review 10/4 as well currently scheduled.
Do you know of an appellant attorney in Alabama for the Supreme Court in Birmingham?
Reminds me of when I tried to cash my measly $2,000 “audit” check with Chase and they wouldn’t cash it because I didn’t have a checking account with them even though my mortgage was supposedly with them. Maybe because it actually isn’t?
We can all use some humor!
And IT’S GONE!
Yes, but what if no claim is filed? Only a “Notice Only?” I’ve been waiting 4 months to dispute the actual legal secured creditor as well as the inflated 15K balance. Believe it or not payments are automatically sent by the trustee BEFORE this is resolved.
Are you represented by an attorney in this Bankruptcy? Have you contacted the Bankruptcy Trustee/Judge? Has the date for the “Meeting of Creditors’ been set yet?
I think we may have something incommon I liked your answer you obviously know the language
That tells me you may indeed come out swinging and I can;t blame you for getting a rise out of
the messege board you could even have a sense of humor who knows?
Hammertime I have signed a settlement agreement with the forclosure mill it states 500 dollars upon signing and 2500 upon final judgement I have yet to receive my 500.They are in comtempt as we speak for not unlocking my property.I have been waiting for a month for the 500 whos to say they will pay me at all? I am leaning towards a letter and copy of the agreement at least so theres one in the file and request for payment in full at the hearing to take it to the steps. Or if I really get P.O.ed another motion to dismiss for contempt,dishonest dealing and of course promossory note.
Keep giving them the roper to hang themselves with! Looks like your on steady ground and they will have been what’s the saying, pound foolish?
In a Chapter 13 BK, must a secured creditor file a proof of claim?
Yes they have to file a Proof of Claim (Form B10). Though just because they file the claim doesn’t mean they are the true, legal secured creditor.
JPMC Chase filed a Proof of Claim as the ‘Successor in interest to Washington Mutual Bank’…which is common knowledge now that they were NOT the ‘successor in interest’.
Hell NO, No more Bankster Bailouts!
yes I see what you mean. I just read the entire case.
@ Hell No No More Bankster BAilouts!
HEre’s that Glaski case. Glaski V BofA
http://www.scribd.com/doc/158466337/Glaski-V-BofA
@ Hell NO, No more Bankster Bailouts!
Can I safely assume that although the foreclosure action in the Glaski case is venued in California the trust in question was formed in New York State? I’ll look for it. However on that case premise, it appears that it the trust is active at the time the transfer occurs then the homeowner would have no potential for remedy.
Secondly it’s my understanding that these SPV’s or Special Purpose Vehicles which can typically be the legal structure of these trust don’t enjoy much tax exemption in the first place. It’s almost a tradeoff for the benefits that come with being an SPV. Not an expert on these financial models but I would suppose that if there were no appreciable tax benefit for the “trust” or SPV to enjoy, can a late transfer then survive a challenge on the Glaski case grounds?
I still think challenging the transfer in a non judicial setting can be most effective in a bankruptcy venue.
@ DocsToWork, You have several flaws in you post. There is a lot you have not understood correctly about the REMIC Trusts.
That trust had CLOSED by the date of the attempted transfer. All of these late transfers are ones that do NOT conform with the IRS TAX Code. I believe there is a SUBSTANTIAL PENALTY on the REMIC if it were to loose the REMIC tax status. It may be a 100% penalty.
What the Judges said in that NON-BK case, is that if the transfer would be VOID (as it would be in Galinski), then the courts have got to hear the case.
Your understanding of SPV’s does not match with the restrictions on REMICs under the IRS Tax Code and under NY Trust Law.
The REMIC trust has only a certain number of DAYS to get the loans transferred in. After that (usually 90 day) time-frame, only REPLACEMENTS of DEFAULTED loans can occur. That means loans that are ALREADY IN the trust when they default, can be swapped OUT and replaced by a loan that is NOT in DEFAULT.
The trustees for the REMIC Trusts are also NOT to take any ALREADY DEFAULTED loans for transfer INTO the trust at ANY time.
So for TWO reasons, under the IRS CODE and under NY Trust Law, these transfers are VOID.
Your premise about the ‘SPV’ still ‘existing’ at the time of the attempted transfer is not the way the laws read. The banksters would love it if your understanding were true.
In CA, the BK court can indeed be the best place to fight these bogus transfers. But I am starting to see hope with both the Appellate court ruling in Glaski and the San Diego court that ruled in Johnson v HSBC, allowing the PSA to be brought into the argument due to IRS code that was being cited that differentiated it from ‘Gomers’, which is a San Diego fiasco.
@Lee Parkerson Have you signed a release? or do you have a settlement order from the court?
I have not signed a release or deed as of yet. They just dont want me to go to court. Probably because they never gave me my keys as was agreed upon at mediation this is an on the side deal with the forclosure mill.. When I email the greenhorn esq. assigned to me it doesnt seem like he has ever seen the file..He says hes trying to get me my money and is having trouble with his client. 1st bank N.A. fka Bank of america fka Lasalle fka M.I.M.L. trust.
Am I getting scammed if it has not gone through the court?
Two big road signs –
Major effort to outsource servicing – workaround of the “problem” of whistleblowers? BoA, Chsae, others involved in advising the deal. Any bailout, other public funds used? Ask your Congress person and the Obama administration or just complain how ANTI-American Wall St crooks are.
“InformationWeek, July 30, 2013
________________________________________
Lender Processing Services, a leading provider of innovative technology, services, data and analytics to the mortgage and real estate industries today announced the opening of its mortgage technology services facility in India. The company handles about 50 percent of all U.S. mortgages by dollar value.
…“LPS, as a market leader in mortgage technology in the United States, has a unique edge that translates to numerous opportunities for employees in India,” said Casey Williams, senior vice president of LPS’ Global Delivery Services. “We anticipate tremendous growth in the next 3-5 years, as well as the chance to work on emerging technologies that will leverage the TALENTED PROFESSIONALS and infrastructure in India.” emphasis added
And…
it is not enough to say “where is the note?” but it IS enough to say “if the note is with A, then how can B foreclose?”
this foreshadows the on-rushing death of DeBrunner…
“The court then stated: “In Barrionuevo v. Chase Bank, N.A. (N.D. Cal. 2012) 885 F.Supp. 964, the district court stated: ‘Several courts have recognized the existence of a valid cause of action for wrongful foreclosure where a party alleged not to be the true beneficiary instructs the trustee to file a Notice of Default and initiate nonjudicial foreclosure.’ (Id., at p. 973). We agree with this statement of law, but believe that properly alleging a cause of action under this theory requires more than simply stating that the defendant who invoked the power of sale was not the true beneficiary under the deed of trust. Rather, a plaintiff asserting this theory must allege facts that show the defendant who invoked the power of sale was not the true beneficiary.” (Glaski v. Bank of America, slip opinion at page 17; italics added.)”
http://timothymccandless.wordpress.com/2013/08/02/getting-glaski-published-20-days-to-do-it/
Getting Glaski Published – 20 days to do it
2 Aug
From: Charles Cox [mailto:charles@bayliving.com]
Sent: Friday, August 2, 2013 6:40 AM
To: Charles Cox
Subject: Getting Glaski Published – 20 days to do it
As many as can muster a request, please send a request to get this case published. Example is attached as well as the opinion. Authority and instructions are per CRC cited below:
CA Supreme Court Glaski v. Bank of America CA5, F064556.pdf
Skov Publication Request.pdf
My servicer is Ocwen & Freddie owns my loan. I’m 2 to 3 mos behind & now re-setting the foreclosure review letter month to month now with my payment.
Problems started after we bought a new house in ’07. We planned to re-fi immediately after selling the previous residence. Well, we got STUCK with our old house for 4 years & lost over $40k trying to carry both mortgages. With no alternative, we pursued a chap7; received our discharge in 2010. Final irony is the old house sold the following summer (short-sale). Student loans have kicked-in & since we’re still stuck with the high rate & payment we’re still struggling.
Owe $380K & house is now worth 270K tops & can’t sell…the discharge lets us leave free & clear, but I haven’t given up yet! That said…
1. I can’t qualify for HARP because as mentioned, I’m late.
2. Freddie says NO to a principal forbearance (they do not do principle-reductions) unless I re-affirm the debt. A ridiculous requirement as most judges wouldn’t let you do it anyway.
3. denied HAMP because our debt to income was too-low (26%…just under the required 31%).
Questions:
From what I’ve read, June, 2012 CHANGED that 31% ratio requirement. Further, I’m not even sure the ratio was calculated correctly. Does anyone know the formula?
I wanted to petition to be re-considered for HAMP, but the article titled “No Appeal – The Success of HAMP and the Independent Foreclosure Review” tells me that’s pointless.
Who could actually take 3 mins to review my details over a cup of coffee & point me in the direction of how to proceed? I don’t have a lot of $, but would be willing to pony-up for good, useable advice. I have tried using the gov’t approved counsellors & so-far they’ve all been absolute flakes…
I may have a resource for you and glad to review general, non-legal information.
How’s it going FrankB?
The service I’m talking about provides a way to do your own proposal non HAMP.
If you want get a temp email and post and I’ll contact you.
Foreclosure; Why Homeowners Are Losing the Battle
Non judicial states are winning the foreclosure battle. State courts and appeallate districts are overwhelmingly ruling in favor of the MERS business model. Read more here. Get informed and fight back!
http://www.examiner.com/article/foreclosure-why-homeowners-are-loosing-the-battle?goback=%2Egde_1196967_member_262695705
@David Black
While I wait to get possession of my stolen condos back I think .and I thought it is impossible for this country to be made up of so many crooks. And then you realize it is the same crooks moving into different businesses
These same investors that knowningly bought into bank origination fraud are now part of the Real Estate Investment Trusts . Just like there were whistleblowers from Bank of America , this country needs some whistleblower from the REITS and how the people displaced from their homes are again becoming the victims of the investors using their stock in the housing market
Are you referring to the fact rental income is now being pooled and securitized? No they haven’t learned and people need to speak up. Economist Richard Wolf on Moyers described how we’ve had two explosions with Tea Party and Occupy Wall St from the left and right but most Americans are like deer caught in the headlights! In denial that the American Dream has been taken away from us.
We have to be careful to not limit our defense to produce the note or MERS in general. See above. As usual the courts, public, politicians are just catching up. The non judicial process or laws cannot take away our due process and basic laws The key it looks like is to demonstrate factually that the documents are invalid and “fixing” the signatures doesn’t cure the basic problems of standing or fraud. It would be great if you did a follow up article.
hammertime I have a situation where I was supposed to get my keys back to the abandoned property after mediation its been 4 months and no keys in addition a settlement agreement signed a month ago promised 500 upon signing and still no check I am considering fileing another motion to dismiss on grounds of not only note but dishonest dealing and contempt of court.you are correct the note wont do it in the fla rocket docket.Do you think its worth a try?
@ Hammertime Thanks for your comment. I am working on a follow up article on the challenges of defending foreclosure in non judicial states. The main problem is that homeowners in non judicial states are not legally capable of challenging the note. Only the bank or the Trustee can challenge, but obviously they never do. This has been held up in the appellate departments of those districts. However there are other ways to challenge the enforecability of the note through the bankruptcy process.
@ DocToWork, The CA Appellate courts have started ruling that the borrower CAN challenge those late transfers into the trusts in cases where the effect makes the transaction VOID instead of VOIDABLE.
This is coming down with a case that is not published yet but has stirred a lot of interest in getting a publication. Basically, the case in point distances the underlying principal from Gomes. Glaski is the case you should try to find.
The Appellate court found that if the transaction to assign the loan was not allowed by NY Trust law and IRS code, the transfer should not be allowed to occur or if it did, it would endanger the tax-exempt status of the REMIC trust that was being enjoyed by the investors, thus harming the investors if the transfer was allowed after the trust’s closure date. The Glaski case is headed back to the lower court for further hearings since the higher court action overturned the lower court’s prior ruling.
Garfield says to next expect the Banksters to generate a new, earlier assignments and try to convince the courts that these transfers really had happened earlier, despite the finding in the Kemp v Countrywide case back in Connecticut..
@Lee Parkerson
Sounds like you’ve done well in your defense in FL. Of course can’t advise legally speaking. In general I’d say it’s important to not leave anything unanswered or actions ignored. Becoming as knowledgable for yourself as possible and reviewing any similar cases or the code for yourself is how we do it yourselfers have had to go at it esp if a good lawyer is out of reach. Out here in CA the AG is just now training lawyers on how to deal w/ this so you have to try to be up to speed. An in between step before answering to have case dismissed could be to make a demand letter if it makes sense. That way they can’t keep pushing the “mistake” excuses.
@DocstoWork
It may be we are going through a transition here in CA and possibly other states that are non judicial and have a Homeowner’s Bill of Rights. One of the goals I understand was to take the load off the bk courts as homeowners understood the non judicial process worked against them.
in 1977 there were whistleblowers that predicted all of this mess while working at the OCC of the us treasury dept. what came out of that was the community reinvestment act but the lending abuses of the big banks continue. actually all of this goes back to the great depression of the thirties and the riots in Chicago and other big American cities. the big banks did the same thing then that are doing it now.
no one listened then and no one is listening now. the chance that will happen again with regard to no reserve hedge and derivative bets on housing and mortgages is just a few or less decades away from happening.
it has to be stopped. vote for senator warrens bill to break up the big banks and restore the glass steagel act that will take away investment banking from having its links with depositores savings and checking deposits that puts the government on the hook for bailing out the banksters.
A little information about a shadow credit reporting system
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data. Scam out, scam in against us.
Trillionsofdollarsof fraud-
How would this work?
what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid
would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date.
We made numerous payment attempts in a PA Court foreclosure resolution program only to have the local hired counsel openly tell the judge he does not represent the “Plaintiff” on the docket, he represents one of the many changes in the assignment chain. We were not willing to pay a 3rd or 5th or 7th owner/assignor without a detailed review of the balance and a letter from the original mortgage holder (Citi)acknowledging and releasing their litigation. The foreclosure continued the whole time in the name of Citi. Courts obviously have their hands tied and must rule that a break in the proper assignment of these mortgages is moot and that the homeowner is not a party of harm should these transfer be fraudulent. I can sing the poetry that a transfer of interest cannot occur without first having rightful ownership of that interest all day long and it falls on deaf ears whether that is case law or not. I read the fraudulent transfer of a mortgage is a Class E felony. So, we’re now in Stage 2 of BK and we’ll see what the Trustees require as claim documentation to resolve balance and ownership questions.
The pressures on the courts and the destruction of our communities was something that was predicted years ago back to the 90’s I think it was when there were warnings about MERS and possibly even back to the 80’s and Savings and Loan crisis.
It was a good point that someone focused on our Constitutional rights. No individual or branch of govt is above that and we shouldn’t be denied due process.
In CA I’m more willing to try a mediation, as it seems you have, since laws are “catching up” to some degree. Does adversarial proceeding apply in PA bk?
As to judges I’ve read cases or heard about people having judges removed for conflict of interest so may be that people need to check on their judges as well as everything else before they get too far along.
You have that right hammertime I was once placed in a locked hospital facility for over a week and found out later the judge who signed the Involentary placement order was on the board of directors of same hosp. I filed a complaint with the judciary qualifications div. In Tallahassee and this crook had to hire a lawer and get questioned by his peers.
I suppose he got a slap on the hand, but I can tell you what happened the next time my estranged hubby tried to pull a fast one IPO was DENIED! (patting myself on the back)
I don’t know about Ca. but Fla is a CYA state meaning cover your arse
@Diesel1507
Back in july I posted about unbeknownst to me I moved into a Real Estate Investment Trust (REIT ) with a a Drug Dealer and his meth lab as the tenant above me where on my third nite there , one of the drug dealer clients overdosed amd died and all the trouble I had leaving that apt without a bad mark on my credit bur eventually lived off my security and fled and discovered a shadow credit reporting system called RENT BUREAU an extension of Experian.
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has come up with a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data.
Diesell you gave me good advice to go to the BBB and file a complaint against the Debt Collection agency that bought the fraudulent debt from the REIT and since the Debt Collection agency could not verify the debt they bought, the BBB notified me it was not appearing on my Equifax credit report HOWEVER I went to rent an apartment and the leasing agent pulled up a Experian credit report and there it was
This RENT BUREAU has the fingerprints of a company like lps docx
did they report a 3 day notice? I’m a landlord and will pay a tenent to get a storage unit and move fast rather than give my greedy county a penny.I look up only criminal records on my rentals. My units are always rented and never vandalized.
When something starts hitting home – it ought to make the Judges pay attention
Yes, I’m serious and no bankster spy, read my other posts for years. I got 7 fraudulent assignments on the mortgage I’m resolving. Judges don’t give a shit. Law is for the birds. You would think they would follow the law, but they don’t care, they just want the case pushed thru and ended. They understand the banks and servicers and lawyers proceed with no “legal standing” but it’s a moot point. You have a mortgage balance and they really could care less about the law or precedent. It’s comical.
Sorry about that! Yup we’re deep in the realm of the absurd. In CA for example it seems people learned that bk was the way to save their homes rather than deal with corrupt justice system and reduce their seconds etc. It’s been said to me by a legal firm no less that the Homeowner Bill of Rights were a response to lessen the load on the bk court rather than be relief for homeowners. Still there are important tools there but if you’re in bk you CAN’T use them from what I understand. Not legal advice of course but we need to keep looking at the settlements and laws etc and keep challenging the legal people etc as you’ve learned to do. So basically you gotta keep adjusting to reach your goals and we have to channel our anger and frustration by continuing to make our cases publicly. Do what you need to do while still fighting to fix the system as best you can. As I said in previous post CA Central District is getting the rep for ignoring assignment based arguments. A way to look at it could be that the assignments can’t be your only leg to stand on but used as evidence to follow the money and fraud as Garfield and others have suggested.
BK? what issues are being resolved by BK?
Are you serious? You’re not another bankster spy are you?
I think there are a lot of people in the judges pockets especially Title companies
who IF they did due diligence, turned a blind eye to the facts and some Investors
in their tickling their ——- wanting the judges to see it their way.
So why is no one arguing case law or statutes and winning? If you’re getting a bank pocket judge keep going higher in court. Is no court ruling based on law?
Some have while others have settled or go through bk. And we didn’t get the benefit of legal aid or a legal expense bailout that the GOP and Wall St Dems gave to Wall St which kills the average person. Death of the middle class by both parties.
Marilyn, you are right on target! That is why I had bumper stickers made
saying “BANKS ARE STEALING HOME AND THE COURTS ARE ALLOWING IT TO HAPPEN”
Just a suggestion from someone who has been fighting 2 homes, one in California and one in Florida…before B of A files for foreclosure, file your lawsuit claiming attempted wrongful foreclosure practices and send a Cease & Desist stating there is illegal activities being attempted by a bank claiming to be in possession of your note…by you being the Plaintiff and not the defendant gives you an upper hand because they will then have to prove they have standing and we all know they cannot. I have always thought we the people should be suing the banks instead of the other! Just a suggestion!!
what about a class action against Judges who refuse to follow
the law of the Constitution, this really seems to be the problem.
Judges don’t have immunity for bad behavior and it doesn’t have to be high crimes.
If they can lose pension money these bad judges might retire and lets get in a batch of ethical and law abiding judges
http://judicial-discipline-reform.org/docs/no_judicial_immunity.pdfe
Incorrect, at present in every jurisdiction, both judges and prosecutors have absolute immunity and can continue to conduct the duties of office from jail cells if convicted of a crime until removed from office by the bar so long as the judge and or prosecutor is involved in a judicial function, but if involved in only an administrative or advisory function they lose their immunity and only then can they be sued for what they do wrong advising or administering things.
I’ve been posting here for a few years… finally stopped paying the mortgage a year ago. Received a ‘notice of intent to foreclose’ via regular mail yesterday. Also received four (LOL) ‘notices of intent to accelerate’ and *another* modification packet a few days prior. The fact that we can receive *four* notices of intent to accelerate (two via certified mail, two snail mail) tells me that management at Bank of America (our servicer) still has no f*cking clue what it’s doing (when did it ever?).
What’s more interesting is that Bank of America now refers to itself as the noteholder in the notice of intent to foreclose (“noteholder, directly or through an agent, has possession of the promissory note” — riiiiiiight). On every other document they have sent (and in responses to documents I have requested over the years), BofA has *always* referred to itself as the servicer, and that it is operating on behalf of the noteholder (Freddie Mac).
Furthermore, on the notice of intent to foreclose we received yesterday, there was no indication that the letter *was* a notice of intent to foreclose. There was no header. There was no timeframe by which we must pay indicated in the letter. I’m thinking of it more as a ‘happy anniversary’ letter 😉 It read “You are receiving this notice because your mortgage is in default, and your property will be referred to foreclosure,” and then itemized the status of our account.
Have any of you ever received a similar letter? What’s the timeframe from when it’s received to when they *finally* file?
After 5 years, pretend lender has filed new NOD. Has bought me more time but any advice on how to request accounting without acknowledging their standing.
I’ve been warned that invalid assignment cases are being frowned upon in CA courts.
Is anyone dealing with any Countrywide business listing Amanda Farrar as a VP of any company?
I am fighting a foreclosure in NYS,she is a signor on an assignment in my case. I have other info on her and will share as well ty
Patrick – don’t waste your time and energy on responding to this bank shill. You have to ignor ignorance!
How all you deadbeats doing?
You are an idiot!
@K.Jackson
hows about you getting a real job inspector clouseau wannabe troll spy and really, K.Jackson? surely you can do better than that…..maybe? does entrapment count?????
Just great K. are you the same K greenhorn esq I tell jokes to who works for bac forclosure mill?
Really??? Who mentioned “Greenhorn”. No dementia yet. Not Greenhorn or a lawyer but had to play one for two years and it wasn’t one bit fun. If someone doesn’t live up to their agreement real soon, I may have to put back on the lawyer’s hat. Unlike most here, I didn’t wait to defend myself, I went on the offensive. Interesting that you would determine that I am one of the bad guys here? Look back through many posts over the years and maybe you’ll come to another conclusion or is it really that you are the real pretender here.
Anyone dealing with Owcen go to the Owcen Lawsuit Source Page on facebook.
@fl (boa)
Nice Try!
Fl bac@ bendover.com
dont get me too excited K I may have to become a switch hitter
For those fighting the legitimacy of these robo signers please pay attention to this and other rulings on robo signing. This is an epidemic. 5 of the last 7 assignments on the mortgage I am working on has signatures by people claiming to be Bank VP’s and are in fact Customer Service emps with the servicer.
Does anyone have information on a Ryan R. Krane, I believe this is fictitious, but he is signing as a VP for various Banks, BOA, Argent Mortgage, Wells Fargo, and posting them as owners on the books in counties?
I will look in central Fl. its sounds official and probably isnt.. I have a question.I have a deed on another abandoned house supposedly it went to an investors auction. I was never notified of hearing to take it to the steps.Someone moved in and a week later moved out.Is it possible that wells fargo just ignored my doc? Should I refile it just to see what went down?I was surprised because the deed is recorded and further I posted it on the front of the house with all my contact info.Am I clouding the title? Or did they somehow default me by ignoring the obvious?
i don’t know if they belong to the bbb but I will do that.
Thanks Diesel.
do they belong to the bbb? sometimes it just takes a complaint to them.
as I understand it- businesses pay to be in the BBB and was told complaints to them mean nothing. suggest what I’ve heard.
lol- meant- just what I’ve heard.
but you’re own due diligence may discover it is effective.
Just like the Banks have power these REITS have power and connections.
The police had surveillance vans surrounding my building 24/7 for weeks.
I have documentation of all that , that he was arrested, a meth lab but the REITs
are all in bed with the collection agencies and the credit bureaus.
Something you just have to walk away from.things. you have to pick your battles.
The reason I even mentioned the REITS is that if you have an animal and your looking for housing after a fraudulent foreclosure they look very good That is till you live there
Something you just have to walk away from.things. you have to pick your battles.
But these credit bureaus with their false information are a pain. My original question was
I had heard the Fidelity Title in particular had a behind the scene connection or investment with a Credit Bureau.
My energy is in fighting corrupt Judge Schlesinger in NY Supreme Court.
Bobbi
I did all that. It was the police in fact that kept telling me ask them to move you. I DID ALL THAT NUMEROUS TIMES AND THAT IS PRECISELY WHY THEY LET ME BREAK THE LEASE FOR $1.
I had heard from other residents that they take all types of fees out of the security and you don’t get it back. I went all the way to top of management no one cares about a Warrant of habitability.
In fact when I moved into my second REIT nothing bad was on my credit report yet but I told the property manager exactly what had happened and by coincidence he had once worked at the first REIT . and he said to me it is a good thing you lived your security off you would never get it back.
I wonder if he is going to sing the same TUNE WHEN HE FINDS OUT I AM GOING TO LIVE MY SECURITY OFF HERE TOO.
I forced myself to live out my lease in the 2nd REIT but I have an issue with the addition fees they tack on over a high rent having to do with ista or yes fees.
These REITs are a nightmare. I never looked to see the CEO of the 1st REIT but I checked out the 2nd CEO from this REIT. His background is perfect for a cheating stock company, he was mixed up in a scandal with a big Bank and so he went into housing.
I looked up his bio. YOU WON’T BELIEVE THIS.
1. his dorm was so filled with marawanner smoke you could not see .
2.his greatest achievement in college was inventing a water balloon that he would throw out the window hit the girls passing by in the head, knock them to the ground stunned And he is the CEO of one of the largest REITS on Wall Street.
Fight hard for your homes, the worst is yet to come.
@ Marilyn Lane – Do you know for a fact that the tenant upstairs from you was operating a meth lab? Did you notify the police of ‘suspicious activity’ for this apartment? Did you file a complaint with the city in which the apartment is located for possible code violations? Is there any provision in your lease that covers ‘safety’ or providing any type of security or their best efforts to provide a safe environment? I would suggest filing complaints with the City for code violations, Attorney General for unsafe living conditions, and if possible, get a copy of the police report for the incident that occurred the night of the death of one of the occupants. Surely, the police/EMT would have entered the apartment to treat and witnessed any type of illegal drugs present. Go the repositories that are reporting this account and dispute it. Support your claim with documentation as above. Oh, and another good place to get support is your local TV news stations that have an ‘investigative’ team. Publicity and news investigations are not what REITS want. You may fine they might correct this error themselves. Good Luck!
Teresa Clopp an alleged Robo Signer for PNC Bank N.A. will be deposed on July 17th, 2013 in Montgomery County Ohio. This inofrmation is for all the people that has been trying to locate this supposed authorized officer for PNC Bank N.A.. God Blessed and Keep Fighting
typical false infomation published byEquifax and other credit reporting companies.
Debt collector wants $2400.
Equifax publishes biased false information. It must be made mandatory that you get the whole story.
Unbeknownst to me when I moved into
XXXXXXX on Feb. 9 2012.the tenant upstairs was a drug dealer with a meth lab
And a
druggie himself.
On Feb 12 2013 my third night there ,there was a rumpus going on up stairs till three in the morning. The Next morning when the street was covered with emergency vehicles, police, ambulances & Fire trucks I was informed that one of his guests overdosed and died.
On Monday I immediately went to the management office and said I assume he will be evicted ‘ and their response was it was a weekend we
weren’t here we can’t evict him it would be heresay.
I then wanted to be moved to another apartment. And their response to that was it would cost me $500 more a month rent.
For weeks the police had surveillance vans surrounding the area looking for the big boss.
I than found out XXXXXXXXXX in the office had worked for him at one time. I
didn’t like the people coming to XXXXXXXXXXX door, and I
And my dog
didn’t like the smells coming from upstairs.
Then His irrigation system flooded my apartment.. After arguing with them to move me, I WAS ABLE TO BREAK MY LEASE FOR A $1.00 CHARGE. HEARING HOW THESE REIT’s DO NOT GIVE BACK ALL THE SECURITY, I lived mine off and moved
Unfortunately to another Dissterous REIT but it is hard to find housing with a dog.
Here I got a transvestite with his other , both on drugs.
Here I went to the DEA and police.
Truth is stranger than fiction.
Iam looking for other housing so if you get that information off my report it would help.
That figure, they give you has numerous late fees tacked on to a months rent .. and something to do with damaged carpeting, they don’t tell you his flood came down not only on their carpeting but
my furniture got damaged and wet.
Thank you. The only thing I can guarantee you is that I am not looking for another REIT
@hioan – very well written and I could not agree with you more! Being in the mortgage business now for well over 40 years I try to help those to ‘correct’ such credit, much to the dismay of some of my colleagues, but the Florida regulations in licensing REQUIRES us to also ‘counsel’ our borrowers. Such ‘credit scoring’ in my own personal opinion, as a sole indicator of one’s ability or conditions precedent on a debt repayment is not truly indicitive of that person as a whole. Most repositories do not adhere to the federal laws on such reporting or verification. Unfortunately, we as humans have been replaced by technical programs that transforms us into numbers! I agree that change is needed as is the case with most of the mortgage processes currently being utilized. The top priority is education of the public and for which this particular site has done an exceptional job.
I would appreciate to get in contact with an attorney that can help me go for a win on this against MERS NOW, in the next few days.
my case is built around Grove v MERS.
contact me to get more details.
@KK – seems like someone has not been totally educated on collection of debts on credit reports. You should probably research The Fair Credit Reporting Act (more commonly known as FRCA) as to how accounts are reported, how they are catagorized and time frames on debt to be reported. That foreclosure will not leave your credit report in 7 years. Once those credit cards reach a “profit/loss write off” status does not mean that you do not owe it any longer. It means that the issuer has taken the loss against income taxes due on profits. Finally, cashing that check has no effect whatsoever on your current debts. It is a premium, so to speak, from a lawsuit or settlement. It also does not negate from you pursuing that lender on your own in a civil suit. The only way to stop the clock is via bankruptcy. Just so you know, bankruptcies stay on your credit for 11 years.
Hello, it has been 4 long years since I have been out of my house which was foreclosed. I am 3 years away from it leaving my credit report or so I understand. Looks like it will fall off in 2016… I have ignored and shredded daily contact from all my creditors and am looking forward to being free of these marks on my credit. Life is to say the least very difficult when your credit rating is very bad. My concern is that if I cash this measly $300 check that I got from the independent foreclosure review settlement that it will start the years of bad credit over again. I read somewhere that as long as you ignore the creditors and do not make any contact with them or god forbid payment to them that the first month that you are delinquent starts your 7 years of bad reported credit, however the moment that that you communicate with them, the clock starts over. Will this happen with the $300 and my Wells Fargo debit if I decide to cash the check?
@KK: These days you have to look at everything with a critical eye and decide for yourself what to support and what to ignore. While a credit score made things easier for the banks and lending institutions to do their job, it has been misused in recent times, often holding it like a gun to your head while they went about cleaning out your life savings and throwing your family out on the street. Folks like yourself who have been paying their loans back faithfully for years are suddenly left hanging for dear life. That is why a growing number of people with sub par credit scores have decided enough of this nonsense, and are now leading perfectly normal lives without giving in to these bankers who, by virtue of their place between the people and their deposits, have been siphoning away their wealth, and abusing the power that accompanies that privilege. Btw, this behavior is not new – the same actors , the likes of JP Morgan and Co, were exposed and to some extent reigned in by the work of Louis Brandies in the early 1900’s. Look it up for yourself and act accordingly my friend. Only collective action by all of us will bring about much needed changes. Be wise, be strong and be well.
@ Robert Kuperstock – I see that only 2 people have signed the petition you put on line. I also see that you have to register with a government sponsored site in order to sign….that may be your problem. No one wants to put out their info to the government (who BTW is dead set on monitoring everybody!). I, for one, will not sign b/c of that stipulation. Maybe move your petition to another sponsor site and you will get more responses. huh?
4closurefraud.org could you please post this article http://www.mypalmbeachpost.com/news/business/real-estate/quiet-title-lawsuit-lands-tequesta-homeowner-in-ho/nYN9d/
“Quiet Title lawsuit lands Tequesta homeowner, etc,”
It came out a week ago in the Palm Beach Post by Kimberly, but cannot view more than 2 paragraphs of the story.
Could you post the full story?
Thank you!
Do something! Sign the petition on we the people Re: former Bank of America Attorney
Eric Holder. https://petitions.whitehouse.gov/petition/investigate-relationship-between-eric-holder-and-continuing-organized-crime-activities-bank-america/1JG3C8lB
Watch this and be discusted
http://www.abc15.com/dpp/news/local_news/investigations/arizona-homeowners-losing-their-homes-to-foreclosure-through-forged-documents
DT it is not just PHOENIX it has happened all over this country.
LENDER PROCESSING SERVICE”s docx (THE MAKERS OF FORGED DOCUMENTS)
is so valuable to the fraudclosure market and the racketeers that Williaqm P Foley of Fidelity National Title announced that Fidelity has bought back LPS FOR A COUPLE OF BILLION DOLLARS.
Lorraine Browne might be jailed for her crimes but it is just a little inconvenience for the crooks.
Thanks for the post. Seems standing is being swept under the rug in CA but people should still review CA Homeowner Bill of Rights, settlements etc to defend themselves.
There ARE victories out there for lack of standing!
See HSBC v. Hardman, 12-cv-00481 (U.S.D.C., N.D. Illinois, Chang, J). In
this case, the lender was Fremont Investment. Ocwen foreclosed based on a forged assignment, in the name of MERS, of the mortgage in 2011 to a trust that had been closed in 2005. Property Rights Law Group filed affirmative defenses alleging (correctly) that the assignment was the only basis of for Ocwen’s case and that it was forged and that it was invalid because of the date, so Ocwen lacks standing to foreclose. Ocwen settled rather than litigate and modified Mr. Hardman’s mortgage, reducing the monthly payments by 50%.www.propertyrightslawgrp.com
yes I did, here in Ca with IndyMac to Deutsche bank, and First Franklin to NDex West LLC, but this was all done in 2011, yet Indymac went away in 2008 HMmmmmmmmmm?
The banksters and their servicers are filing false documents. They apparently are playing the game of “Catch Us If You Can”.
For those who do not LOOK, each piece of paper appears to be a valid maneuver. Many people who stop paying a mortgage believe that the banks are fully entitled to foreclose, simply because they know they are not paying. Well, there was money loaned, yes. But the banksters may have taken insurance and other payments that paid off the debt, or at least cured any current default.
The banksters must follow the letter of the law or they do not have the right to foreclose.
In this case, with usage of assignments after the entity no longer exists, the banksters apparently do not truly have any right to foreclosure. But just identifying this problem will not automatically stop them. You must ultimately get this brought into court. Initial steps can be taken that will delay any sale. But ultimately, I believe this will need to be taken to court because it actually needs a judge to rule to clear this title. (I am not an attorney, mind you.) Yes, they can still attempt to collect a debt based on the fact that you received the loan. But that DEBT COLLECTION does not include the right to foreclose.
Sue the bank before they file a complaint on you! DO NOT WAIT FOR THE BANK TO FILE…when you file a complaint on the grounds of Misrepresentation by a bank “attempting” to be known as the lender, you have the control to ask for proof of ownership of the note…I’m not an attorney, nor do I think you need one. Use this site, all your needs are here cause millions of us have been at this for years now…be clever and as tricky as the banksters lawyers are…use this site!!
You got that right No matter what you think it slows the action down even if you are like me getting deeds to abandoned property.Insist on mediation, the medeator told me I wouldnt get a penny from the bank and the judge looked at me funny with no lawer but I did get a settlement agreement. not for much but then again I never signed the mort.
and by the way live in Florida, where nobody wins
Hi there: Hoping for some guidance for NJ – OK. Read quite a bit on this forum a few years back – copied all my records just in case things got worse…which they did. At that time, there was no assignment to my current lender (Citimortgage) from Flagstar Bank (sold in 2006) in my records. I thought I’d have something to go on. I paid my mtg up until last Aug (2012) and then could no longer afford it with escrow increases. I just got online and there is now a new filing (6/13) of assignment through MERS to Citimortgage (who has been servicing and where I made payments.- 7 years after the fact! it also came to my attention that the orginal loan with Flagstar was robo-signed by Elise McKinnon. I have just received a Noitce of Default and Intent to Foreclose with a dealine to cure the default by 6-27 or acceleration commences. and wondering if I should respond with “producing the note’ inquiry before suit is filed. In the US Bank v. Guillaume case, the question was about whether the actual ‘lender’ was on the notice of default. In my letter, Citimortgage itself, is listing itself as the “Lender” w/address. Is this legit? How could this be correct? Might there be a template available for priducing the note I can send, or should I just wait to file ann answer when served. Thanks so much for any help offered.
n.j. group, http://www.afnetwork.org has a lot of free info. Guillaume was about the lender, but the remedy was to give the banks another bite of the apple an submit another alleged lender on another Notice of Intent. Yet, the banks are still submitting NOI with Servicer as “Lender.” The courts and judges are corrupt throughout N.J. eugenevillarreal@hotmail.com.
A senior House Democrat called on federal regulators to look into the actions of any mortgage servicer that might have benefited by misleading borrowers about federal loan modification programs.
California Rep. Maxine Waters, ranking member of the House Financial Services Committee, sent letters on Tuesday calling for an investigation of Bank of America or any other bank that may have deliberately delayed loan modification applications to force troubled borrowers into foreclosure instead.
She said, according to court documents, that employees reported falsifying records and were told to find ways to delay loan-assistance applications under the Home Affordable Modification Program (HAMP) by requesting paperwork that had already received in an effort “to maximize fees for the bank.”
“The goal of the delay was to ensure that rather than receiving a HAMP modification, the borrower would be foreclosed upon,” Waters wrote.
“It has been noted in numerous studies that foreclosure is often the most profitable end result for a servicer that does not own the loan they are servicing. It goes without saying that this is an outright abuse of consumers and government mortgage assistance programs.”
The letters were sent to Christy Romero, special inspector general for the Troubled Asset Relief Program (SIGTARP), and to the Office of the Comptroller of the Currency (OCC) and the Federal Reserve asking them to investigate how or whether the allegations against Bank of America interact with the Independent Foreclosure Review (IFR) settlement reached between regulators and mortgage servicers in January.
“Bank of America has received $992 million in incentive payments related to HAMP, making them the second largest beneficiary of such payments.” she wrote.
“While that figure pales in comparison to the other TARP funds that the bank has benefited from, I do think it represents a significant amount of assistance from taxpayer.”
The OCC and the Fed reached a settlement with 14 servicers based on a review of their foreclosure practices from 2009 to 2010. The IFR, which was a detailed process designed to determine problems and compensate borrowers, ended with the agreement.
That agreement provided from $300 to $125,000 for each borrower based on the issues encountered.
Read more: http://thehill.com/blogs/on-the-money/banking-financial-institutions/306417-senior-dem-calls-for-investigation-foreclosure-practices#ixzz2WcqQRhDH
Follow us: @thehill on Twitter | TheHill on Facebook
If the laws were actually enforced (which hasn’t happened under Holder), the BofA exec who signed the HAMP agreement, should be indicted for major fraud against the United States. It carries a 30-year sentence. That would stop this nonsense, and other banks employees would be turning states-witness with abandon.
How about the bank execs and AG officials who signed the Consent agreements?
tim, please contact me.gina from pittsburgh.your name is getting around (KEVIN DIGREGORY) YOU HAVE MY E-MAIL OR FACEBOOK.PLEASE VERY IMPORTANT
Property Rights Law Group
See Wells Fargo v. Horwitz, 12 CH 00069 (Circuit Court of Cook County, Rooney, J.), order of 2/5/13. In this case, the lender was The Home Loan Center. In 2012, Wells Fargo foreclosed, basing its claim on an “assignment” in 2007 from itself to itself. (You read that correctly.) On February 5, 2013, Property Rights Law Group defeated Wells Fargo’s motion for summary
judgment by arguing that Wells Fargo has no standing to foreclose, because the “assignment” is obviously absurd and worthless . Now Wells Fargo does not want to admit defeat, but its only remaining option short of a trial (that it would lose) is to file a motion to dismiss. But that is even less likely to succeed, because a motion to dismiss will be granted only if Property Rights Law Group has failed to state any legal claim, and Property Rights Law Group obviously has stated a good one. Wells Fargo’s attorneys can drag this case out for years, but Mr. Horwitz is secure in his home.
File a lawsuit against the bank and Rust! $520 for your home Are they kidding??
The illegal activities are clear and provable…however, when you take these banksters to court and prove the fraud, IT JUST DOESN’T MATTER!!! The Banks are stealing our homes and the courts are allowing it to happen!!! That’s the issue…not that Fraud is there, we ALL know that…it’s that the Judges are facilitating the illegal activities…The Judges could STOP all this activity because that their jobs…Vote Your Judges Out Of Office…Vote your Congress and Senators out…They are all taking $$$ from the banksters so get rid of them and continue suing the banks…the courts are overwhelmed with the millions of lawsuits being filed all saying the same things…FRAUD….kepp suing….don’t short sale and don’t leave your homes…
Good advice! We need to start exposing who’s on the Wall St gravy train.
don”t forget to mention that little detail of the NOTE YOU SIGNED not a copy,I havent found a case yet prior 2011 who could produce.. Forclosure mill gladstone Boca Fla has yet to put me in touch with anybody who has even seen my file.This includes the greenhorn they sent to rep,the bank at my hearing! Maybe they didnt pay him enough to read the file.He told me they sent him in dry.
Anyone have “lender” change sale trustee in a non-judicial state?
My original loan docs had Recon Trust as the Trustee. Quality Loan Servicing was substituted as the Trustee for usage in the FC attempt. Quality, what a joke.
I am in CA which is a non-judicial state.
BTW, have you really read your DOT? In my own, the language specifically states that only the LENDER can perform the substitution. They attempted to use MERS to do it instead.
The DOT was intentionally set up to name a false LENDER. The named lender CORPORATION in the cited state, did not exist. Do you realize this is a VOID loan? Do you realize there can not be any MERS resolution with the named LENDER?
When this gets to the adversarial, we’ll probably see all sorts of motions from the opposition. They like to try all manner of improper cites of case law or statutes to bury attorneys and the judge with having to rule out a whole bunch of their manuvering.
If they are not careful though, with the assignments they already filed, they could have a case on record that will be used in other cases.
It seems you have a case the AG SHOULD be looking at as a significant case. As we discussed I may be reaching another twilight zone level where the questionable sale trustee seems to have dropped out and there is now a revolving door on who will schedule and run the sale.
I believe that I made a mistake of saying Litton Mortgage. I believe I should have stated Litton Loan Servicing, instead. I am not sure if they are related.
It may be tougher without possession to get property back from my general understanding, not legal advice. Still may pursue claims on violations. You can do either a forensic audit to review the loan itself and securitizatoin audit to review loan investor etc. simple version
I’m looking at a service that is arranging for lawyer consultations and discounted lawsuit and foreclosure defense at least compared to what I’ve seen in CA. What state are you in and leave email if you’d like me to conact you.
I am trying to track down my loan file with Litton Mortgage and find out what was in it that determined why and how much money that I was to receive from the Mortgage Settlement. I received a total of $520.00 even though my home was foreclosed and sold at a short sale the same year. Any suggestions?
@ Christina Osborn I wonder if any response at this point from Rust makes sense. From Taibbi article they only reviewed 100,000 files so they can get us relief faster! What a joke! The application was for any point in the foreclosure process I thought. Or am I confusing audits/settlements?
“So how did Chase come out so squeaky clean? Well, it seems they developed quite a rapport with the government-mandated consultants who were hired to review their loan files. This is from that WSJ report:
Two Deloitte employees who performed the review for J.P. Morgan in a Brooklyn office building said workers were encouraged by supervisors to examine pools of loans they knew would be less time-consuming or error-prone as they tried to hit loan quotas.
One of these employees said that at an event last year known in the Brooklyn office as “March Madness,” Deloitte officials encouraged reviewers to avoid problematic loans originated by EMC Mortgage, a troubled mortgage lender J.P. Morgan acquired in 2008.
So basically Chase allegedly warned the consultants off their problem loans and incentivized the consultants to examine the less-fucked-up loans. Employees of another of Chase’s auditors, Promontory, were reportedly given gift cards of up to $500 for “completing a certain number of files quickly.”
The whole thing was a joke. Government orders banks to hire auditors to investigate robosigning, then banks induce said auditors to robosign the investigation! Because that’s exactly what that would mean, if there were financial incentives to finish masses of files quickly. It’s horrible, obviously, but on another level, it’s so ingeniously corrupt, one almost has to tip a cap to whoever thought of it.”
http://www.rollingstone.com/politics/blogs/taibblog/while-wronged-homeowners-got-300-apiece-in-foreclosure-settlement-consultants-who-helped-protect-banks-got-2-billion-20130426#ixzz2WLsqG66f
It could be because Chase did a lot of ‘merging’ some of their off-shoot companies into one. Chase Home Finance LLC litterally does not exist any longer as they merged back last year. The only reason I know is because my foreclosure with Chase had a filing to ‘substitute of party plaintiff’ at that time. Owners of credit cards will monitor your credit several times a year to make sure that a credit card holder is not going down the tube, esp. if there is a pending foreclosure.
Interesting. Sounds like more of the manipulation of the “Chase” brand name against us and the government. I wonder if that’s how they had a point something, as in 0.something, error rate for the review while HUD had a 90 plus error pct for a sample on them. I’ve tried to get a straight answer on Chase Bank USA for years and finally got an answer from Nolan deposition on here where employee states they were the sub prime arm of Chase while at the same not “Chase”? Rolling Stone/Taibbi report should be re-read and complaints filed to support Sen. Warren’s questions and to get the criminal evidence that the OCC and Fed are covering up.
@ Christina Osborn: how do you know that the inquiry was related to a mortgage? Was it a soft inquiry or a hard inquiry? Soft inquiries are done by lenders for possible credit card ofers. Just because there is an inqury from Chase does not necessarily mean it had anything to do with the WaMu loan. They could have just been trhying to establish a source of their credit card division.
I don’t know if the inquiry was related to the mortgage, that’s the mystery. I don’t know if the inquiry is a soft or hard inquiry. I do know there was an existing Chase credit card, and not applying for a new one. Just trying to figure out why there would be an inquiry from “Chase HOME FINANCE” that shows a different address than the Chase credit card division when the mortgage was not with Chase HOME FINANCE. If Chase was trying to establish a ‘source of their credit card division’ then why wasn’t the inquiry requested by the credit card division instead of the Home Finance division?
Interesting post from Neil Garfield.
“Editor’s Note: Some banks are slowing foreclosures and evictions. The reason is that the OCC issued a directive or letter of guidance that lays out in brief simplistic language what a party must do before they can foreclose. There can be little doubt that none of the banks are in compliance with this directive although Bank of America is clearly taking the position that they are in compliance or that it doesn’t matter whether they are in compliance or not.
In April the OCC, responding to pressure from virtually everyone, issued a guidance letter to financial institutions who are part of the foreclosure process. While not a rule a regulation, it is an interpretation of the Agency’s own rules and regulation and therefore, in my opinion, is both persuasive and authoritative.
These 13 questions published by OCC should be used defensively if you suspect violation and they are rightfully the subject of discovery. Use the wording from the letter rather than your own — since the attorneys for the banks will pounce on any nuance that appears to be different than this guidance issued to the banks.”
snip more at http://timothymccandless.wordpress.com/2013/06/13/occ-minimum-standards-handling-borrower-foreclosure-files/
I have raised this issue with my elected officials as to the mission of the OCC and this seems to reinforce we should all be questioning the OCC and all the agencies and officials as to their role and function as well as being focused on our individual cases.
Have a mystery I’m trying to solve….why would Chase Home Finance do a ‘credit inquiry’ on a WaMu loan in 2007? Borrower never did business with Chase Home Finance nor were they attempting to do business with Chase Home Finance. The address/telephone listed on credit report for Chase Home Finance has been changed/disconnected. My thoughts….Chase was looking for/identifying potential ‘future’ foreclosures once the WaMu/JP Morgan Chase take-over went through in 2008….
I have a similar situation. Can I contact you?
Sure…. caosborndesign@hotmail.com
Thanks!
Im looking for a depositon for Joyce Nelson, or Noriko Colston
The Administration has allowed the O.C.C. and the banks to embezzle 90 billion dollars of hard cash. The President has set an example for our children to follow, that it is OK to committ Fraud.
you’re right! we’ve successfully groomed a generation to believe that if you cheat, you will get ahead.
I had files bankruptcy back in 2011. In the bankruptcy I had included the house which orig was a FHA loan but I refinanced it a few years later but on a conventional loan not being under HUD thru the years it went thru a few mortgage lenders thus ending up thru BOA assumed from bankrupt lender. The house had finely went thru foreclose proceedings in March this year now they are listing it as a HUD Foreclosure Is this a fraudulent proceeding that the bank claimed this was a FHA HUD loan.Please advise so I can proceed with a fraud report.
Out of curiosity — how many of you have a Freddie/Fannie loan, have defaulted, and have not been served? How long has it been since your last payment? If you were served, how long did it take? Don’t want to poke the beast but I just read the following in the Federal Reserve Advisory Council’s minutes from May 17:
“One member expresses concern that Fannie Mae, Freddie Mac, and others continue to hold a significant number of underperforming loans and are not taking foreclosure actions. This is skewing the positive market-condition data and creating a potential future challenge.”
source: http://www.scribd.com/doc/144964596/fac-20130517 (page 4, item1, sectionH)
I am trying to get a time frame — our (not yet retained) lawyer said it could take as many as 12 months before we are served. I’ve reached out to my senators (yes I know there is little/nothing they can do), but like I said I am afraid to poke the beast so I’ve not followed through with their requests for permission to negotiate with the bank on our behalf (and I know the only thing they’ll do is *try* to get us a modification). All this waiting is really hurting me — trouble sleeping, chronic stomach pain.. whenever someone comes to the door I panic 🙁
If there’s anyone else out there with a Fannie/Freddie loan who is in the same boat I’d love to know how long it’s been since your last payment and whether you’ve yet been served
US Courts published the below
THIRD BRANCH NEWS
uscourts.gov | court locator | news
——————————————————————————–
Law Day Helps Students Understand Equality for All
Throughout May, federal courts brought students together under the umbrella of this year’s Law Day theme, “Realizing the Dream: Equality for All.” In urban courtrooms in Pennsylvania, a suburban school auditorium in Minnesota, and under a blue sky in California’s Yosemite Valley students from elementary, middle, and high schools participated in experiences designed to heighten their awareness of the justice system.
ha ha ha who they fooling? themselves
@ Christinea Osborn: There is a site called ‘whatsignature’ that has some method for documents to be uploaded and shared. Check out posting documents there. Documents can have only the signature page uploaded.
Thanks for the info. One of the signatures on the Affidavit from the Illegal Foreclosure of my home is listed on this site as well as others. However, there are a couple more names/signatures that I am searching; Robert Martins, Specialist and Julie Mathis, Vice President (WaMu), Lorrie A. Anderson (WaMu notary FL) and Travis Anderson (WaMu – FL). If anyone has seen names listed on any other sites, would appreciate any info you can provide. Thanks!
Does anyone know how or who to contact to get the list of employees (robosigners) that were employed by LPS (Lender Processing Service) and Lorraine Brown? I have contacted the FBI office that was involved with indicting Lorraine Brown, but to no avail. Suggestions?
Iowa Attorney General-Lead Office of the Executive Committee here is VIDEO ON CALL
http://youtu.be/7BmbJycBROc
After being provided inconsistent information by Rust Consulting and many, many Attorney General offices, among other government offices, we went to the “lead” Iowa AG office (AG Tom Miller-Iowa) who is on the Executive Committee for the NMS and is suppose to be overseeing Rust Consulting. The Executive Committee was the best kept secret in this entire search for information! Other than the notation on the bottom of the NMS website, there was nothing more provided who was on this committee.
Keeping track, providing accurate information, explaining what is occurring and being transparent should be a priority to the so called “ghost committee”. After all, the 49 AG’s negotiated this settlement on “borrowers” behalves and shouldn’t they be assuring them what they did was in their best interest? That was to be the Executive Committee’s job but did they, are they and will they do the right thing and come up with explanations: why dates change, why dates on AG websites posted as June are not on the NMS website that the Executive Committee controls? Shouldn’t the Executive Committee know if claimants will receive interest on the 1.5 billion, where the number 750,000 eligible borrowers came from, why it is not considered a conflict that Rust Consulting was handed a billion dollar contract to be the Administrator when they are in bed with Citi? This was the most sickening conversation and one we hope everyone will interpret as “protecting” Wall St, the Banks and all the loan servicers who stole homes from the American People.
Warning: Content will be upsetting and we apologize if you lose your breakfast, lunch or dinner. PLEASE FORWARD THIS LINK and message and make this video go viral. Transparency is needed and there could not be a better time! Thank you everyone for your support and most of all our thoughts and prayers goes out to those who had their homes stolen and are trying to get through just one day without more salt being poured in the wounds. After all, borrowers are suppose to be “Thankful” for this small token called a settlement in lieu of the loss of their homes. Kind of hard to muster up thanks when it could have been avoided and the Banks were not prosecuted for illegal foreclosures. Very dark day in this country when homes can be stolen and the responsible parties can buy their way out of prosecution. Why doesn’t that apply to everyone else who breaks the law?! Sen. Warren had that right! To BIG to go to Trial!
God Bless!
I’m not so concerned about the date, what concerns me is that JP Morgan Chase (WaMu loan) DID NOT report the ILLEGAL foreclosure (2009) of my home (over 20 years), even though the Indiana Attorney General’s Office assured me in writing last year that I had done all I needed to do to be included in this settlement when I filed all my complaints with them and others.
I filed another complaint with the Indiana Attorney General’s Office. JP Morgan Chase answered my new complaint with a demand that I fill out and sign a MORTGAGE TRANSFER AGREEMENT as well as provide a copy of my husband’s death certificate (only husband was the borrower, though I was listed as a Deed holder) before they would answer any questions. I have no problem providing the death certificate, but WHY would I sign documents that would transfer a Mortgage, Note AND Debt into my name on a home that was ILLEGALLY FORECLOSED (2009) and SOLD by Freddie Mac (2012)?? I’m still waiting for the Indiana Attorney General’s Office to get back to me on my complaint.
additional comment on earlier posting: Rust Consulting/JP Morgan Representative was provided a copy of my husband’s Death Certificate last year.
UPDATE: After contacting Mr. Tom Miller’s (Iowa Attorney General) office to inquire why the Illegal foreclosure of my home was not reported by JP Morgan Chase to be included in the National Mortgage Settlement. I was informed that even though the Illegal Foreclosure was initiated in December 2009, and JP Morgan Chase was granted Bankruptcy Judgment in November 2010, and JP Morgan Chase filed a Relief of Stay/Sheriff Sale date in December 2011, BECA– USE JP Morgan didn’t actually sell the home to Freddie Mac UNTIL February 7, 2012, JP Morgan Chase was permitted to not report/submit this Illegal Foreclosure by the Rules/Guidelines of the National Mortgage Settlement. Wondering how many other Illegal Foreclosures were omitted due to this particular Rule?
@Christina, It looks to me like they do not have any consistent rules for who gets even a tiny payment. I started my fight during 2009. Robosigned or otherwise improper documents have been recorded in 2005, 2009, 2010 and 2012. I’m still in the house. I was one of those who got two checks out of Rust because they cut the first one for $1K and were supposed to pay a little more. My fight involves Litton (which is now owned by OCWEN). The money did not defray my attorneys fees to date and the title is still clouded by their filings.
I’m still in the fight over my house. So, I can not see how you did not qualify for payment while I did.
In an email received yesterday from the Indiana Attorney General’s Office concerning the National Mortgage Settlement….it stated…They have advised: “Later this Summer, notice will be sent to an additional 31,000 consumers whose information was just recently provided by two different servicers, and thus they could not be included in this distribution.” One of the two servicers is Chase.
The administrator will be adding the new property addresses to their database. Their number is 866-430-8358.
Now will see if the ILLEGAL Foreclosure of my home has been reported/submitted this time by JP Morgan Chase….
Once again, Rust Consulting tells me that because the home was SOLD after the deadline of December 31, 2012, this ILLEGAL Foreclosure does not qualify to be included in the NMS even though JP Morgan Chase initiated this ILLEGAL foreclosure in December 2009. Since JP Morgan Chase was ‘successful’ in not ‘establishing due diligence’ in pursuing their claim of foreclosure, in other words…doing absolutely nothing until December 2011, when they filed the Sheriff sale date and the Relief of Stay Motion with the Court. By delaying the Sheriff Sale for 38 days, JP Morgan Chase has avoided submitting/reporting this ILLEGAL Foreclosure to the NMS!!! How many other homeowners has this also occurred? Per Rust Consulting, this is not the only case….
@ Hell No….what state did your foreclosure occur?
Does anyone know if there is going to be settlement opportunities similar to the NMS for foreclosures that took place after 12/31/2011. BoA postponed my foreclosure 3 times and it finally happened in March 2012. Although I disagree with the amount I received from the foreclosure review board and am addressing issues with BoA, I don’t qualify for the NMS due to the foreclosure date. Also can anyone advise me on tactics to get around the “he said she said” problem. I have notes of discussions that includes a name, date, and time but BoA says they have no record of the conversations. Thanks much!
Does anyone have HAMP guidelines from 2009, or anything from PNC or anywhere from 2009*-2010 that the servicers were suppose to repair borrowers credit reports after borrower was granted modification? I am looking for this documentation for my lawsuit. Thanks,
Tortelli…If you haven’t been to this site yet….It’s a great site for information and everyone is Very Helpful… http://foreclosurevictims.freeforums.org/
@tortelli,
What you are lookin for is the FAIR CREDIT REPORTING ACT (FCRA). Make sure you state in your complaint that you disputed with a credit reporting agency and state a claim. This is not legal advice and I am not a lawyer. I have filed lawsuit against PNC also.
Occupy Justice Department: Foreclosed Homeowners Arrested Protesting U.S. Refusal To Prosecute Big Banks
WASHINGTON — Owners of foreclosed houses were arrested during a protest outside Justice Department headquarters Monday, where they demonstrated against prosecutors’ failure to take legal action against bankers.
Seventeen former homeowners were arrested, according to Washington police. The demonstrators were seized outside the Justice Department building as they sat in groups behind a police barrier, singing protest songs largely invoking language from the Occupy Wall Street. They blocked traffic in front of the Robert F. Kennedy building beginning at 2 p.m. Five hours later, Constitution Avenue remained blocked from 9th Street to 10th Street. Many of the protesters who were not arrested had set up tents outside the building and said they planned to spend the night.
Those arrested were charged with “incommoding,” or obstructing traffic, according to Ann C. Wilcox, a lawyer representing the protesters.
The protest was organized, in part, by Occupy Homes, a grassroots organization that grew out of the Occupy Wall Street demonstration to support homeowners facing foreclosure. Other grassroots organizations, including coalitions from as far as Washington state, California and Florida, also joined.
No Justice Department officials come outside to acknowledge the protesters. A department spokesman wasn’t available for comment after business hours.
“We want our attorney general, Eric Holder, to bring some accountability from the banks and put them in jail,” said Vivian Richardson, 62, of San Francisco, whose home was foreclosed in 2010. Richardson fought against the banks to win back her house with the help of Alliance of Californians for Community Empowerment and other community-based organizations.
Nearly a third of all foreclosed borrowers who faced foreclosure proceedings brought by the biggest U.S. mortgage companies came to the brink of losing their homes due to potential bank errors or now-banned practices, according to a study from bank regulators published in April.
Many homeowners who successfully fought banks have received compensation checks far below the value of the homes they lost.
Eric Krasner’s home in Frederick, Md., was foreclosed on in 2010 after he had filed for bankruptcy. Krasner, 52, now living in Atlanta, battled banks for years before winning compensation. He said his fight revealed disorganization distribution by federal regulators of a $9.2 billion settlement with mortgage companies over improper foreclosures.
“When they said, ‘Oh we’re going to do this settlement, but it’s taking so long we’re not even going to look at your files,’ I started calling my elected officials looking for answers,” Krasner told The Huffington Post. “How are they going to determine how much pay us … if they’re not going to even look at our” files?
Krasner figured he was owed $62,000 from the settlement, but when his check came, he received only $2,000. Many in his situation received as little as $300 in compensation. “Until Eric Holder does his job and puts bankers in jail, this is going to continue,” Krasner said.
“Banks were bailed out when they needed help … and they’re not giving back like they were supposed to,” said Richardson, echoing the anger toward the big banks that received billions in 2008 and 2009 to help keep them afloat after the economy soured.
That “too big to fail” and “too big to jail” feeling has recently been taken on by the Democratically controlled Senate.
In March, the Senate voted 99-0 in favor of a non-binding budget amendment, introduced by Sens. David Vitter (R-La.) and Sherrod Brown (D-Ohio), to eliminate subsidies or funding advantages for Wall Street banks with more than $500 billion in assets. However, as it is a non-binding amendment, and it was attached to the Senate budget never taken up by the Republican-controlled House, which passed the budget introduced by Rep. Paul Ryan (R-Wis.) earlier that month.
In early March, Holder told the Senate Judiciary Committee that some banks are in fact too big to prosecute because doing so “will have a negative impact on the national economy, perhaps even the world economy.” Last week, Holder tried to roll back his earlier statement, telling a House Judiciary Committee that there is ” no institution … who cannot be investigated and prosecuted by the United States Department of Justice.”
This article has been updated to include the charge against those who were arrested.
http://www.huffingtonpost.com/2013/05/2 … 09305.html
When will the madness stop? Records of court cases throughout our nation shows that banks are being rewarded with mortgage notes not owned by wholesale judicial nullification of the Uniform Commercial Code. Despite the clear mandates that specify precisely how ownership interests in mortgage notes are sold or otherwise transferred, cases are being resolved in favor of banks without application of the UCC.
No string of cases is more indicative of this than those involving former Washington Mutual Bank, the Federal Deposit Insurance Corporation and JPMorgan Chase Bank. Court records show that Chase Bank, with the full cooperation and assistance of courts, are fraudulently enforcing mortgage notes that were originated by WAMU. The Purchase and Assumption Agreement, Article III, Section 3.3, specifies that all notes purchased by Chase from the FDIC be evidenced by either a (no warranty) “Receiver’s Deed” or a “Receiver’s Bill of Sale”. Yet, Courts deciding standing in favor of Chase Bank, has relieved Chase from having not only having to produced the just described instruments, but also without having to produce the original mortgage instruments. This has shown to be pervasive throughout the United States in both state and federal courts. See Ronald Williams et al. vs. JPMorgan Chase Bank et al., USDC Nev. No. 2:10-cv-00118 PMP-PAL, USDCA, 9th Cir. No. 10-16102, USSC No. 12-159.
The above cited are our cases from the district court to the United States Supreme Court. The records show that the UCC simply was not applied and enforced as to the question whether Chase Bank had standing to enforce our mortgage note as originated by former Washington Mutual Bank. We are at 702 270-9937. Our case is a posture child of just what ails our system of justice as it pertains to fraud being perpetrated by banks against mortgage notes
good catch, Ronald
http://www.nationalwamuhomeownerssupportgroup.com
I have been trying to get WF to remove derogatory information from my credit report. The office of executive complaints called me and told me that their findings was that they were not in the wrong. My payment back in 2008 did not make to them in time to post it, even though the forebearance stated that I could get it in on or before the due date. She told me that they received it on the day scheduled but it couldn’t be posted the same day it arrived. She said foreclosure was already in place before the check go there and that they just continued to process the foreclosure further. WF will not be removing anything from my credit report at this time. Believe me, I will not give up. This is just one obstacle. I am going around it and we all will win this fight. There is a loophole somewhere in this and I will definitely find it.
According to the Missouri AG office website “Missourians who have been foreclosed upon are eligible to receive roughly $2,000 each, up to about $31 million. Nationwide, $1.5 billion will be distributed to some 750,000 borrowers”
This is for the national mortgage settlement.
http://ago.mo.gov/mortgageSettlementInfo.htm
Youtube Video Rust Consulting Take 2
http://youtu.be/KE2QduGE0vo
This is a new video with the same old script. I made it to show the first call was not some poor misguided Rust employee misstating information.
I have also sent the video to the AG offices to show this is going on day in and day out and unless they ask some very direct answers we will all be left in dark settling for crumbs.
Rust Consulting needs to be held accountable and I for one am sick and tired of the Banks having control over our destiny. They control Rust…no doubt about it! AG offices in the dark as is the Banking Committee. I hope Senator Warren gives them hell!
Please feel free to pass it on, post it wherever you can!
Like the picture in the video…kind of how I picture their executives lol
Here’s the latest about HAMP Fraud. This should give us hope that our application for IFR was based on our collective experiences before were were ripped off by the criminal servicers. Everything we said was true. Just read this 56-page complaint or the highlighted parts, the check the new site for us at nakedcapitalism.com. We have to stick together and never, ever give up. We will fight those criminals.
Here’s the link:
http://www.documentcloud.org/documents/324428-greg-mackler-complaint.html
http://www.scribd.com/doc/138437875/Rust-Consulting-Inc-GSA-520-Contract
You might all want to see what Rust Consulting is making on this deal. Here is the contract!
http://www.youtube.com/watch?v=_j8JXsoRfRc&feature=youtu.be
I got a call this morning from the press secretary for the AG office about the video I sent to all the AG offices. Office of the Controller, Government Accountability office and then some. There is a hearing/meeting with Rust Executives..Parks and Holland. They are asking why Rust cannot provide “us” with answers and why they are referring callers back to AG offices when Rust is the only source of accurate information as the administrator. I gave them permission to use my name just in case there is any kind of retaliation by Rust in delaying my payment for going after them. Does sit on the back of my mind that these people are capable of doing anything to get their way.
I was so fricking happy to read your posting after I got the call. There were some very nasty postings on youtube about the video, we assume it was Rust Consulting people. YouTube promptly removed and blocked the posters.
More than 500 people have viewed the video and every AG office of every state was sent the link. God…I pray we have opened some eyes and answers come with a big fat check for all of us!
Thank you, thank you and thank you to everyone for getting us out there. We have been so humbled by our experiences and loss, so I hope in the end we “show them” enough is enough and we are not going to “take it anymore”.
I am working on another video to take place after the meeting to see if anything has changed with their call center. I think we have to keep on top of them no matter the outcome of this hearing/meeting.
Hugs to all of you!
Great info everybody!
I seem to have every flavor of Chase on my loan and my PREVIOUS loan that was paid off to…Chase..one of it’s many tentacles. They went from being the administrative servicer, to the NEW original lender to now being the investor. And still won’t answer why BofA was still in “my” MERS records although I did not have a MERS loan for at least two years and then why a NEW MERS record was created with a date two years before it existed and AFTER Jamie Dimon had disavowed Chase from MERS. Even WaMu is being referred to regarding this loan after it reared it’s ugly head on my credit report in 2005 putting me into my PREVIOUS predatory loan where I ended up with a HIGH payment. So I never got the “benefit” of the EVIL sub prime low payment loan.
Another good stat I’ve heard was that the COMPLETE value of the TOTAL sub prime market was $1 trillion. So why did Wall St need to get bailed out with 15-20 x that amount. It gets astronomical if the default amounts of these loans were only a fraction of the total trillion.
It’s great we have these stories, movies but the “non-profits”, political action groups are going along with the same emotional, morality approach that has been used against us to treat us like deadbeats and second class citizens.
We need to unite and demand that OUR representatives, at every level, make sure these thieves pay us back or they are accessories to these CRIMES and TRAITORS to our country. Otherwise these numbers are out there stuck in cyber space or buried in page 100 of the Business sections.
One of my points I missed was that in terms of stories etc I feel we should be more direct and not go along w/ the language they’ve used against such as “too big to fail” but start usig language such as monopolies, anti trust and theft of our community and nation’s wealth.
What would happen if the Federal Reserve was shut down permanently? That is a question that CNBC asked recently, but unfortunately most Americans don’t really think about the Fed much.
Most Americans are content with believing that the Federal Reserve is just another stuffy government agency that sets our interest rates and that is watching out for the best interests of the American people. But that is not the case at all.
The truth is that the Federal Reserve is a private banking cartel that has been designed to systematically destroy the value of our currency, drain the wealth of the American public and enslave the federal government to perpetually expanding debt.
During this election year, the economy is the number one issue that voters are concerned about. But instead of endlessly blaming both political parties, the truth is that most of the blame should be placed at the feet of the Federal Reserve.
The Federal Reserve has more power over the performance of the U.S. economy than anyone else does. The Federal Reserve controls the money supply, the Federal Reserve sets the interest rates and the Federal Reserve hands out bailouts to the big banks that absolutely dwarf anything that Congress ever did.
If the American people are ever going to learn what is really going on with our economy, then it is absolutely imperative that they get educated about the Federal Reserve.
The following are 10 things that every American should know about the Federal Reserve….
#1 The Federal Reserve System Is A Privately Owned Banking Cartel
The Federal Reserve is not a government agency.
The truth is that it is a privately owned central bank. It is owned by the banks that are members of the Federal Reserve system. We do not know how much of the system each bank owns, because that has never been disclosed to the American people.
The Federal Reserve openly admits that it is privately owned. When it was defending itself against a Bloomberg request for information under the Freedom of Information Act, the Federal Reserve stated unequivocally in court that it was “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
In fact, if you want to find out that the Federal Reserve system is owned by the member banks, all you have to do is go to the Federal Reserve website….
The twelve regional Federal Reserve Banks, which were established by Congress as the operating arms of the nation’s central banking system, are organized much like private corporations–possibly leading to some confusion about “ownership.” For example, the Reserve Banks issue shares of stock to member banks. However, owning Reserve Bank stock is quite different from owning stock in a private company. The Reserve Banks are not operated for profit, and ownership of a certain amount of stock is, by law, a condition of membership in the System. The stock may not be sold, traded, or pledged as security for a loan; dividends are, by law, 6 percent per year.
Foreign governments and foreign banks do own significant ownership interests in the member banks that own the Federal Reserve system. So it would be accurate to say that the Federal Reserve is partially foreign-owned.
But until the exact ownership shares of the Federal Reserve are revealed, we will never know to what extent the Fed is foreign-owned.
#2 The Federal Reserve System Is A Perpetual Debt Machine
As long as the Federal Reserve System exists, U.S. government debt will continue to go up and up and up.
This runs contrary to the conventional wisdom that Democrats and Republicans would have us believe, but unfortunately it is true.
The way our system works, whenever more money is created more debt is created as well.
For example, whenever the U.S. government wants to spend more money than it takes in (which happens constantly), it has to go ask the Federal Reserve for it. The federal government gives U.S. Treasury bonds to the Federal Reserve, and the Federal Reserve gives the U.S. government “Federal Reserve Notes” in return. Usually this is just done electronically.
So where does the Federal Reserve get the Federal Reserve Notes?
It just creates them out of thin air.
Wouldn’t you like to be able to create money out of thin air?
Instead of issuing money directly, the U.S. government lets the Federal Reserve create it out of thin air and then the U.S. government borrows it.
Talk about stupid.
When this new debt is created, the amount of interest that the U.S. government will eventually pay on that debt is not also created.
So where will that money come from?
Well, eventually the U.S. government will have to go back to the Federal Reserve to get even more money to finance the ever expanding debt that it has gotten itself trapped into.
It is a debt spiral that is designed to go on perpetually.
You see, the reality is that the money supply is designed to constantly expand under the Federal Reserve system. That is why we have all become accustomed to thinking of inflation as “normal”.
So what does the Federal Reserve do with the U.S. Treasury bonds that it gets from the U.S. government?
Well, it sells them off to others. There are lots of people out there that have made a ton of money by holding U.S. government debt.
In fiscal 2011, the U.S. government paid out 454 billion dollars just in interest on the national debt.
That is 454 billion dollars that was taken out of our pockets and put into the pockets of wealthy individuals and foreign governments around the globe.
The truth is that our current debt-based monetary system was designed by greedy bankers that wanted to make enormous profits by using the Federal Reserve as a tool to create money out of thin air and lend it to the U.S. government at interest.
And that plan is working quite well.
Most Americans today don’t understand how any of this works, but many prominent Americans in the past did understand it.
For example, Thomas Edison was once quoted in the New York Times as saying the following….
That is to say, under the old way any time we wish to add to the national wealth we are compelled to add to the national debt.
Now, that is what Henry Ford wants to prevent. He thinks it is stupid, and so do I, that for the loan of $30,000,000 of their own money the people of the United States should be compelled to pay $66,000,000 — that is what it amounts to, with interest. People who will not turn a shovelful of dirt nor contribute a pound of material will collect more money from the United States than will the people who supply the material and do the work. That is the terrible thing about interest. In all our great bond issues the interest is always greater than the principal. All of the great public works cost more than twice the actual cost, on that account. Under the present system of doing business we simply add 120 to 150 per cent, to the stated cost.
But here is the point: If our nation can issue a dollar bond, it can issue a dollar bill. The element that makes the bond good makes the bill good.
We should have listened to men like Edison and Ford.
But we didn’t.
And so we pay the price.
On July 1, 1914 (a few months after the Fed was created) the U.S. national debt was 2.9 billion dollars.
Today, it is more than more than 5000 times larger.
Yes, the perpetual debt machine is working quite well, and most Americans do not even realize what is happening.
#3 The Federal Reserve Has Destroyed More Than 96% Of The Value Of The U.S. Dollar
Did you know that the U.S. dollar has lost 96.2 percent of its value since 1900? Of course almost all of that decline has happened since the Federal Reserve was created in 1913.
Because the money supply is designed to expand constantly, it is guaranteed that all of our dollars will constantly lose value.
Inflation is a “hidden tax” that continually robs us all of our wealth. The Federal Reserve always says that it is “committed” to controlling inflation, but that never seems to work out so well.
And current Federal Reserve Chairman Ben Bernanke says that it is actually a good thing to have a little bit of inflation. He plans to try to keep the inflation rate at about 2 percent in the coming years.
So what is so bad about 2 percent? That doesn’t sound so bad, does it?
Well, just consider the following excerpt from a recent Forbes article….
The Federal Reserve Open Market Committee (FOMC) has made it official: After its latest two day meeting, it announced its goal to devalue the dollar by 33% over the next 20 years. The debauch of the dollar will be even greater if the Fed exceeds its goal of a 2 percent per year increase in the price level.
#4 The Federal Reserve Can Bail Out Whoever It Wants To With No Accountability
The American people got so upset about the bailouts that Congress gave to the Wall Street banks and to the big automakers, but did you know that the biggest bailouts of all were given out by the Federal Reserve?
Thanks to a very limited audit of the Federal Reserve that Congress approved a while back, we learned that the Fed made trillions of dollars in secret bailout loans to the big Wall Street banks during the last financial crisis. They even secretly loaned out hundreds of billions of dollars to foreign banks.
According to the results of the limited Fed audit mentioned above, a total of $16.1 trillion in secret loans were made by the Federal Reserve between December 1, 2007 and July 21, 2010.
The following is a list of loan recipients that was taken directly from page 131 of the audit report….
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
So why haven’t we heard more about this?
This is scandalous.
In addition, it turns out that the Fed paid enormous sums of money to the big Wall Street banks to help “administer” these nearly interest-free loans….
Not only did the Federal Reserve give 16.1 trillion dollars in nearly interest-free loans to the “too big to fail” banks, the Fed also paid them over 600 million dollars to help run the emergency lending program. According to the GAO, the Federal Reserve shelled out an astounding $659.4 million in “fees” to the very financial institutions which caused the financial crisis in the first place.
Does reading that make you angry?
It should.
#5 The Federal Reserve Is Paying Banks Not To Lend Money
Did you know that the Federal Reserve is actually paying banks not to make loans?
It is true.
Section 128 of the Emergency Economic Stabilization Act of 2008 allows the Federal Reserve to pay interest on “excess reserves” that U.S. banks park at the Fed.
So the banks can just send their cash to the Fed and watch the money come rolling in risk-free.
So are many banks taking advantage of this?
You tell me. Just check out the chart below. The amount of “excess reserves” parked at the Fed has gone from nearly nothing to about 1.5 trillion dollars since 2008….
But shouldn’t the banks be lending the money to us so that we can start businesses and buy homes?
You would think that is how it is supposed to work.
Unfortunately, the Federal Reserve is not working for us.
The Federal Reserve is working for the big banks.
Sadly, most Americans have no idea what is going on.
Another example of this is the government debt carry trade.
Here is how it works. The Federal Reserve lends gigantic piles of nearly interest-free cash to the big Wall Street banks, and in turn those banks use the money to buy up huge amounts of government debt. Since the return on government debt is higher, the banks are able to make large profits very easily and with very little risk.
This scam was also explained in a recent article in the Guardian….
Consider this: we pretend that banks are private businesses that should be allowed to run their own affairs. But they are the biggest scroungers of public money of our time. Banks are lent vast sums of money by central banks at near-zero interest. They lend that money to us or back to the government at higher rates and rake in the difference by the billion. They don’t even have to make clever investments to make huge profits.
That is a pretty good little scam they have got going, wouldn’t you say?
#6 The Federal Reserve Creates Artificial Economic Bubbles That Are Extremely Damaging
By allowing a centralized authority such as the Federal Reserve to dictate interest rates, it creates an environment where financial bubbles can be created very easily.
Over the past several decades, we have seen bubble after bubble. Most of these have been the result of the Federal Reserve keeping interest rates artificially low. If the free market had been setting interest rates all this time, things would have never gotten so far out of hand.
For example, the housing crash would have never been so horrific if the Federal Reserve had not created such ideal conditions for a housing bubble in the first place. But we allow the Fed to continue to make the same mistakes.
Right now, the Federal Reserve continues to set interest rates much, much lower than they should be. This is causing a tremendous misallocation of economic resources, and there will be massive consequences for that down the line.
#7 The Federal Reserve System Is Dominated By The Big Wall Street Banks
Even since it was created, the Federal Reserve system has been dominated by the big Wall Street banks.
The following is from a previous article that I did about the Fed….
The New York representative is the only permanent member of the Federal Open Market Committee, while other regional banks rotate in 2 and 3 year intervals. The former head of the New York Fed, Timothy Geithner, is now U.S. Treasury Secretary. The truth is that the Federal Reserve Bank of New York has always been the most important of the regional Fed banks by far, and in turn the Federal Reserve Bank of New York has always been dominated by Wall Street and the major New York banks.
#8 It Is Not An Accident That We Saw The Personal Income Tax And The Federal Reserve System Both Come Into Existence In 1913
On February 3rd, 1913 the 16th Amendment to the U.S. Constitution was ratified. Later that year, the United States Revenue Act of 1913 imposed a personal income tax on the American people and we have had one ever since.
Without a personal income tax, it is hard to have a central bank. It takes a lot of money to finance all of the government debt that a central banking system creates.
It is no accident that the 16th Amendment was ratified in 1913 and the Federal Reserve system was also created in 1913.
They have a symbiotic relationship and they are designed to work together.
We could fill Congress with people that are committed to ending this oppressive system, but so far we have chosen not to do that.
So our children and our grandchildren will face a lifetime of debt slavery because of us.
I am sure they will be thankful for that.
#9 The Current Federal Reserve Chairman, Ben Bernanke, Has A Nightmarish Track Record Of Incompetence
The mainstream media portrays Federal Reserve Chairman Ben Bernanke as a brilliant economist, but is that really the case?
Let’s go to the videotape.
The following is an extended excerpt from an article that I published previously….
———-
In 2005, Bernanke said that we shouldn’t worry because housing prices had never declined on a nationwide basis before and he said that he believed that the U.S. would continue to experience close to “full employment”….
“We’ve never had a decline in house prices on a nationwide basis. So, what I think what is more likely is that house prices will slow, maybe stabilize, might slow consumption spending a bit. I don’t think it’s gonna drive the economy too far from its full employment path, though.”
In 2005, Bernanke also said that he believed that derivatives were perfectly safe and posed no danger to financial markets….
“With respect to their safety, derivatives, for the most part, are traded among very sophisticated financial institutions and individuals who have considerable incentive to understand them and to use them properly.”
In 2006, Bernanke said that housing prices would probably keep rising….
“Housing markets are cooling a bit. Our expectation is that the decline in activity or the slowing in activity will be moderate, that house prices will probably continue to rise.”
In 2007, Bernanke insisted that there was not a problem with subprime mortgages….
“At this juncture, however, the impact on the broader economy and financial markets of the problems in the subprime market seems likely to be contained. In particular, mortgages to prime borrowers and fixed-rate mortgages to all classes of borrowers continue to perform well, with low rates of delinquency.”
In 2008, Bernanke said that a recession was not coming….
“The Federal Reserve is not currently forecasting a recession.”
A few months before Fannie Mae and Freddie Mac collapsed, Bernanke insisted that they were totally secure….
“The GSEs are adequately capitalized. They are in no danger of failing.”
For many more examples that demonstrate the absolutely nightmarish track record of Federal Reserve Chairman Ben Bernanke, please see the following articles….
*”Say What? 30 Ben Bernanke Quotes That Are So Stupid That You Won’t Know Whether To Laugh Or Cry”
*”Is Ben Bernanke A Liar, A Lunatic Or Is He Just Completely And Totally Incompetent?”
But after being wrong over and over and over, Barack Obama still nominated Ben Bernanke for another term as Chairman of the Fed.
———-
#10 The Federal Reserve Has Become Way Too Powerful
The Federal Reserve is the most undemocratic institution in America.
The Federal Reserve has become so powerful that it is now known as “the fourth branch of government”, but there are less checks and balances on the Fed than there are on the other three branches.
The Federal Reserve runs the U.S. economy but it is not accountable to the American people. We can’t vote those that run the Fed out of office if we do not like what they do.
Yes, the president appoints those that run the Fed, but he also knows that if he does not tread lightly he won’t get the money from the big Wall Street banks that he needs for his next election.
Thankfully, there are a few members of Congress that are complaining about how much power the Fed has. For example, Ron Paul once told MSNBC that he believes that the Federal Reserve is now actually more powerful than Congress…..
“The regulations should be on the Federal Reserve. We should have transparency of the Federal Reserve. They can create trillions of dollars to bail out their friends, and we don’t even have any transparency of this. They’re more powerful than the Congress.”
As members of Congress such as Ron Paul have started to shed some light on the activities of the Federal Reserve, that has caused many in the mainstream media to come to the defense of the Fed.
For example, a recent CNBC article entitled “If The Federal Reserve Is Abolished, What Then?” makes it sound like there is absolutely no other rational alternative to having the Federal Reserve run our economy.
But this is not what our founders intended.
The founders did not intend for a private banking cartel to issue our money and set our interest rates for us.
According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress has been given the responsibility to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”.
So why is the Federal Reserve doing it?
But the CNBC article mentioned above makes it sound like the sky would fall if control of the currency was handed back over to the American people.
At one point, the article asks the following question….
“How would the U.S. economy then function? Something has to take its place, right?”
No, the truth is that we don’t need anyone to “manage” our economy.
The U.S. Treasury could be in charge of issuing our currency and the free market could set our interest rates.
We don’t need to have a centrally-planned economy.
We aren’t China.
And it goes against everything that our founders believed to be running up so much government debt.
For example, Thomas Jefferson once declared that if he could add just one more amendment to the U.S. Constitution it would be a ban on all government borrowing….
I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of its Constitution; I mean an additional article, taking from the federal government the power of borrowing.
Oh, how things would have been different if we had only listened to Thomas Jefferson.
Please share this article with as many people as you can. These are things that every American should know about the Federal Reserve, and we need to educate the American people about the Fed while there is still time.
It is known that Chase owns 52 percent of the Federal Reserve Bank of New York . and it is also the majority stockholder in MERS
there is a bid difference between the federal reserve banks and its owners and the Federal Reserve Board. My mom worked there for many years and her checks said U.S. Treasury Dept like all other federal employees. so this factoid may need some real digging to find out the truth as to whether the FEDERAL REserve Board is a federal agency. Independent and not under control of the U.S. Treasury Dept.
if you think FED think Chase if you think Chase. the dividing line where they are distinguishable is merky at best.
about $ 90 billion of that money was from TARP or taxpayer money.
best regards
David
HBO FILM: Too Big To Fail: Opening The Vault On The Financial Crisis
The new HBO original film, “Too Big To Fail”, premieres on Monday, May 23 only on HBO.
http://www.youtube.com/watch?v=wVV6dzDO …
http://www.youtube.com/watch?v=wVV6dzDOgQ0&feature=youtu.be
Sorry posted wrong:::Here is the correct link 🙂
The movie is from 2 years ago, FYI.
Elizabeth Warren LETTER to FEDERAL RESERVE:::::Ben Bernanke:::::5/14/2013
http://big.assets.huffingtonpost.com/ewletter.pdf
“Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.”
I called the Oversight office on Friday and spoke to a woman there who was definite that neither
Mr. Smith or that office had anything to do with Rust’s administration of these cash payments. She said they are only overseeing the other aspects of the settlement.
Sadly, Rust Consulting is seemingly on their own here – no oversight or accountability, and even as of today, not even the decency to update the NMS site to explain this change in payment dates. I got an e-mail from one of them saying that the change to “mid to late May”, in his words – “should not have been made”, but NO explanation why it was or why it was left uncorrected for 2 weeks or more.
The NMS site is not reliable, as Rust has already proven- why should we believe it this time?
rust is owned by the investment arm of citigroup DAH
Please check it out: http://www.ifrmovie.com/ LOTS OF STORIES!!
Independent Foreclosure Review Checks: $2 Billion; NMS Checks: $0
Bank regulators keeping tally of checks cashed in the Independent Foreclosure Review (IFR) mailings put the running total at more than $2 billion as of Thursday, but that amount should have been higher if not for more fumbling by the paying agent, Rust Consulting.
Compensation checks in the IFR borrower-abuse agreement have gone through four mailing waves since April 12. The last one on May 3 turned out to have short-changed many recipients.
Rust Consulting conceded that more than 40 percent of the 217,000 checks that went out that day, or 96,000, underpaid recipients. Rust had already faced some chastising from the Federal Reserve after the first phase of payouts on April 12, when some of those initial checks actually bounced.
For the up to 4 million compensation recipients, the payments screw-up is adding to their anger over getting less than they thought they should, compared to the abuses they were dealt during wrongful or botched foreclosures in 2009 and 2010.
Borrowers see this phase in the two-year-old IFR process has yet another salvo from the big banks and their regulators, who have come under intense heat from consumer advocates and many lawmakers over the foreclosure reviews abandoned in haste this January in favor of a $9 billion settlement with 13 mortgage servicers.
Now comes the sequel to the IFR payments: compensation checks in the other agreement, the older National Mortgage Settlement (NMS), reached more than a year ago with five top U.S. lenders: Ally/GMAC; Bank of America; Citi; JPMorgan Chase; and Wells Fargo. Up to 750,000 borrowers may be eligible for NMS payments, totaling $1.5 billion. Some borrowers are eligible for both IFR and NMS checks.
Rust Consulting is also the paying agent for the NMS, approved by bank regulators to handle mailings and payments for both settlements.
In February, the National Mortgage Settlement official website was updated to say that checks to NMS claimants would be mailed out by “mid-year 2013.” That statement went unchanged for two months until April 22, when suddenly it said checks would go out in“4 to 6 weeks.”
Borrowers were even more encouraged a few days ago when the website message was tightened to say payments would be mailed “mid to late May.”
However, suddenly the website statement’s timetable changed yet again, reverting back to “mid-2013″ this week, further infuriating many eligible NMS borrowers, many of whom have expressed their anger through comments on eCreditDaily.
Many decided to call or text executives at Rust Consulting to get a clearer answer on the NMS timetable. Others have tried contacting their state attorney general or bank regulators. Still no clear answer on the NMS payment dates.
One thing seems clear. The very latest shift back to a “mid-2013″ NMS payout timetable coincided with Rust Consulting’s latest snafu with the fourth wave of IFR checks mailed out on May 3. Those checks to 96,000 borrowers are tied to loan servicing errors or wrongdoing by Goldman Sachs (Litton Loan Servicing) and Morgan Stanley (Saxon Mortgage Services).
Rust Consulting said it has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were supposed to be paid, according to the Federal Reserve.
Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.
The report, due to be released in June, is expected to be critical, reflecting complaints from housing counselors and state AGs over continued foreclosure-prevention mishandling or delays by the big banks. New York Attorney General Eric T. Schneiderman said this week that his office will file lawsuits against Bank of America and Wells Fargo for “repeatedly” violating the settlement’s rules.
Meanwhile, borrowers can file a complaint about their servicers through this page on the NMS overseer’s website. Or, consumers can file mortgage-related complaints directly through the Consumer Financial Protection Bureau.
Cell numbers for Rust Consulting Executives who are involved in the National Mortgage Settlement contract with the AG offices.
Send them a text or two
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
I would encourage everyone to contact Russ Consulting/National Mortgage Settlement Administrator. Even after receiving confirmation from the Indiana Attorney General’s Office last Spring that I didn’t need to do anything more after filing my complaint with the IAGs office, that I was automatically included in this settlement, when I contacted the National Mortgage Settlement Administrator last month to inquire why I had not yet received a ‘postcard’ from them, I was informed that JP Morgan Chase had not reported my Illegal Foreclosure to be included in the National Mortgage Settlement!
http://youtu.be/_j8JXsoRfRc
Watch the video. It is an actual call to Rust Consultings National Mortgage Settlement Call Center.
The employee lies and gets caught!
Rust Consulting Executives can be reached here:
Instead of calling the call center where you cannot get answers…call their cells phones or send them a text. Tell them you want answers!
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
My fiance of nearly 7 yrs passed away…we had many bussiness accounts together, I am his sole heir, hand written will, other documents etc….this foreclosure happened during our time together, affecting my finances and his, the check came in his name…will I be able to cash it as with other ins payouts etc or do I need to get more legal help…
This is actually a more personal response in regards to your post. I too have personally have a story of heart ache with a austitic child and Saxon and new century and Wells Fargo we are one week away from being evicted but I think in the process of all of this and many ,I have heard stories of black wholes and sad downright heart breaking, needs to be told as I was apart of this myself . So I am in the process of a book the other side. People need to know what is happening and has happened maybe it is too late for us but I do not want to see anyone go thru this . It is downright criminal and lacks humanity for many . If you want to share anything you can let me know I am addressing several stories it may take some time but I know for a fact if any other company ran business this way no one would be employed unless they wanted it this way.
There are thousands upon thousands of stories out there. Here is just one of them:
http://mortgageforgery.wordpress.com/2013/04/24/an-apology-to-our-neighbors-our-neighborhood-and-our-city/
http://www.marketwatch.com/story/rust-p … 2013-05-08
Rust Consulting, the paying agent for the Independent Foreclosure Review (IFR) Payment Agreement, said today that a clerical error led to some borrowers in the May 3, 2013, wave of payments being sent checks for less than the amount that the Federal Reserve directed those borrowers to be paid. Rust has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were to be paid. A letter explaining the reason for the supplemental check will accompany the supplemental check.
In the wave of settlement payments mailed on May 3, 2013, approximately 96,000 borrowers whose loans were serviced by Goldman Sachs (Litton Loan Servicing LP) and Morgan Stanley (Saxon Mortgage Services, Inc.) were affected by the error. The remaining borrowers mailed checks on May 3, 2013 were not affected by the error.
The correct total payment amounts are listed on the Federal Reserve Board’s website at http://www.federalreserve.gov/consumeri … 0429a1.pdf.
I recieved a $500 check in the mail and could not imagine that all I went thru in the past 4 years was only worth this amount of money. I live in the state of VA and my home was forclosed on in the middle of a modification. JP Morgan Chase is a joke and has gotten away with thousands of forclosures and now the payouts are stolen as well… I really feel that someone needs to step up to the plate and assist homeowners such as myself, who lost their homes, their credit and took years off of their lives with the stress of all that JP Morgan Chase put me thru.
I have been in loan mod hell for 3 1/2 years with Chase. They have no clue what they are doing I have 4 notebook full of bs ,not one rep will tell you the same thing ( so far I am at 28 reps ) . I also have 4 boxes of sumissions and still yet I am no where, even though according to guidelines I qualify. My story with them could fill a novel. I am dealing with the NY S Atty General & our NYS Senator. Not sure where this will go as now I am in preforclosure. If we had only know there is no one watching over the Help for Home Owners Program. Does Obama know that it can take this long> This is not a timely process . They have put me into arrears , late fees ,legal fees , penelties and interest Till you are so far behind when they deny you you cant catch up . Yes as J P Mrgan Chase always says we dont want to take your home! REALLY ! You just force people into giving to you !!! . After 21/2 years in the assumptions dept I just am being told the investor holding my late husbands mortgage does not participate in assumptions. It took them over two years of me doing continuous submissions and many many hours on the phone to finally learn this I have dealt again with them the last 3 days lost moredays at work something else the Help for Homeowners Program does not tell you it is a part time job for you once you start as you have to stay on it always.. Oh yeah it gets worse much worse, than this, just too tired tonight to write any more. I hope tJ P MORGAN CHASE will be held accountable for so many of us loosing our homes due to a very broken sytem where no one oversees it . And where did the bail out money go to help homeowners ?? Chase Bank is so far from a proffesional, ethical institution it just leaves me in disbelief. Shame on all of them !!. I have only just begun with the state level but look out J P MORGAN CHASE as I am going to Oprah and to 60 Minutes to expose your terrible injustices !!! I have had enough !!!!!!!
.
Thank you for the information, I will give these guys a call.
Sheryl, what state are you and the law firm based out of.
I’ve been pro-se since 2006 and I now own my home without a deed of trust or note but now comes the rough stuff and I could use a good firm or a good lawyer for the law suit stage of my recovery.
Thanks in advance….
I live in Lapeer, Michigan…they have four offices in Michigan that I know of, and my attorney has referred to having other offices in other states…
I spent hundreds of hours sending out hundreds of emails trying to get a lawyer…finally, I found Fraser, Trebilcock and Dunlap our of Lansing. They have law firms in other states as well…here is the link; they may be able to help some of you that are having trouble finding an attorney. The link is http://fraserlawfirm.com/
There is a class action suit that the Dept. of Justice filed with WF. It is for
discrimination against african-americans and hispanics. If you bought a home
between 1-1-2004 – 12-31-2009, you may qualify. The deadline is 6-25-2013. If
you obtained a loan with WF and you were given a 80/20 or some other type of
loan instead of a prime loan and could of qualified for a prime loan if you had
been considered for one, you may qualify for this suit. Call 1-866-329-5282,
Epig Class Action & Claims Solutions, to get them to send you a packet. You fill
the packet out and send it back to see if you qualify for this settlement.
Well I got my whooping $2000 the other day. Did anyone notice the framework changed when Russ Consulting began to send out payments? I’m ready to file as lawsuit but it appears Bank of America must retain many lawyers in North Carolina (where I need to file) as I have been getting a lot of “sorry it would be a conflict of interest if we took your case”. Any suggestions?
My father just received a check for $2000.00 and we want to know if there still may be recourse to the lost of his house in Arizona. Does anyone have a idea about the law or what to pursue.
Thanks.
You still have all your rights and remedies intact.
Thank you James. Waiting to be approved on Hamlet. I would love for you to give me an opinion on my case. My e-mail is mspie_2000@yahoo.com if you want to contact me and I can e-mail you my summons and answer. I can fill you in on any other details since then also. I really appreciate your help. Thank You. .
I am Pro Se by the way. You are correct I live in Miami, Florida.
Replying to Rebeca’s post which sad:
“I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008?”
I am not a lawyer but I DO have the answers to your questions if your case is in Florida which, by the mill you mentioned, I think it is. You must be very careful NOT to file any paperwork in the court record if hoping for a dismissal for lack of prosecution. Contact me, there is a right way, and a wrong way, the difference is not clearly explained but the outcomes are very different. Contact me through Foreclosure Hamlet or Foreclosure Warriors under JamesM or JamesX. I think I can clarify the procedure and SOL issues.
Don’t Let Fear Rule Your Decisions…Fight for What is Right
http://mortgageforgery.wordpress.com
On May 26, 1816, in a letter to John Taylor, Thomas Jefferson stated “The system of banking we have both equally and ever re-probated I contemplate it as a blot left in all our constitutions, which, if not covered, will end in their destruction, which is already hit by the gamblers in corruption, and is sweeping away in its progress the fortunes and morals of our citizens. … And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.
It is amazing how prophetic this man was. He saw the banking industry, over 181 years ago, as a threat to our country. He knew, that if the banking industry went unchecked, it would become exactly what it has become; above the law, reckless and basically untouchable.
The government participates in this by bailing out these giants and most media, even though they are made aware of it, turn a blind eye, until it’s too big to ignore. Everyone had a quick fix with loan modifications, only to create another huge financial fiasco, that again, facilitated by acts of false promises and, at least in this writers eyes, theft by the banks.
These mammoth institutions pay astronomical legal fees to have the laws twisted in their favor. A comma can make all the difference in the world and is used to manipulate the law in their favor. Their representation spares no expense to drain the homeowners dry, spit them out and steal their homes. Their crimes are above reproach because they have the most money…if you run out of money in the legal game, or don’t have an attorney who is willing to go through this at a risk of no pay, they, as a fighting homeowner, are done.
Unless they are willing to spend countless hours, days, weeks, months and years, picking themselves up, every day, to continue the fight, they, too, will become another heap upon the sidewalks of our nation; homeless and doomed to be a renter for the rest of their lives. These institutions will have full control over all the property and by the time their grandchildren are old enough to “buy” a house, there will be no buying…they will just be paying rent to the banks. Oh, that’s right, they’ve been doing that for years anyhow.
If victims of mortgage fraud, allow their fears to rule them; if they allow the fears of others to direct them, then we will never win this war against the banks. This is a call to action, not an “I’ll sit here and see who comes to help,” situation. If you are not willing to fight for your rights as a citizen in this country and stand up for what is right and just, the banks will win.
I know as well as anyone in this country what it is to go against these institutions…and I could give you all kinds of advice; however, what you need, most of all, is to overcome your fears. You need to wake up each and every morning, more convinced than the next, that one way or another you are going to stand up for your rights as a citizen in the country; and if they keep beating you down, you just keep getting up.
I used to walk away from things when I was younger out of fear; let someone else deal with it, was my motto. That is no way to deal with life and it is definitely not how to deal with those that have harmed your life. This is not something that can be done alone. All victims need to stand together and ensure that our grandchildren will have a chance at experiencing what it means to be a true American; owning homes and living the American dream.
Please Share Your Story of Mortgage Fraud at https://www.facebook.com/ShareYourStoryOfMortgageFraud
Sheryl,
Beautifully expressed and all so true!
Oh…and I received my BIG $2,000 check today!..for 5 years of misery!
From another post prev made that supports post to kb
“…The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
http://www.nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html#comment-1154611
You can get the Nye LaValle Paper Trail report here – https://4closurefraud.org/2013/04/13/must-read-report-you-cant-trust-the-mortgage-paper-trail-by-nye-lavalle/
I have some ‘hypothetical’ questions – particularly for those possessing knowledge of Florida real property law.
It’s 2002. Let’s say — hypothetically — one purchased a home for $200,000. One takes out a smaller loan for property repairs, totaling $50,000. The purchaser decides to refinance the two loans into one, and now has one mortgage totaling $250,000.
Fast forward to present day. The borrower stopped making payments. It is discovered that the original release of mortgage for the initial $200,000 home purchase was signed by Linda Green. How would that document support the borrower’s defense? Is that release of mortgage considered a fraudulent document? Is the mortgage that was signed during the refinance considered void if the borrower was unaware that (s)he was technically on the hook for the original $200,000 purchase, as the original mortgage was never officially satisfied? Keep in mind that the refinanced loan is dated BEFORE the release of the original mortgage. Does that mean the borrower is technically on the hook for both the refinanced loan AND the original loan?
Just a hypothetical. Would love any input.
You have no defense based on a mortgage discharge. It did not cause you any injury. Only the note holder has an actionable claim to a wrongful discharge of a mortgage.
FYI, a satisfied note discharges the mortgage by operation of law, whether it is recorded or not. Your refinance loan documents would be used against you if you plead that issue.
Good hypothetical that people can people can learn from. I would agree with Tim but it raises many questions besides the mortgage discharge issue. From robosigning to settlements there can be some good lessons here.
Neil Garfield made a post about following the money. So hypothetically speaking the Green document should be the starting point. If it was just a “mistake” as the settlements have tried to frame every case then they could go back and fix the documents. Otherwise, it needs to be confirmed beyond the release whether a transaction took place. From the settlements, language such as competent and reliable evidence can be used. Here is where the borrower may want to request the paid off promissory note of refinanced loan if not previously delivered.
If it cannot be produced and previous lender cannot confirm payment then the hypothetical borrower may be able to claim that there is a danger of “double jeopardy”. Courts, lawyers have been saying it’s too far fetched but seems to be changing.
The other issue would be whether the servicer and/or lender received any compensation from third party and whether payments were applied correctly. Here you could request payment history and from Nye Lavalle’s report I believe he suggests that borrower’s need to see the custodian’s accounting and not simply the servicer’s payment history.
So the Linda Green document has to be a starting point as to whether the servicer/lender/investor can be questioned as to their standing not simply because of the “bad” document but whether any of their information is reliable which is the real benefit of the settlements rather than the measly payoffs. What Garfield/LaValle are suggesting is that the parties or the debt should not even be acknowledged not simply because of bad documents but whether actual transactions have taken place and who has received any funds per the Note/Deed/Mortgage UNLESS there is a proper chain of title and accounting and the parties are legitimate. The bigger question is not if Linda Green was a good signature but whether who she represented is legitimate.
LaValle is suggesting that we need a compromise solution outside the courts at this point from all parties for the sake of the country. The independent audit is a joke if that was the intent but may allow us to react and show the real damage Wall St has caused and push our “leaders” for a real compromise solution where we are equal partners and not treated as second class citizens. I don’t agree w/ LaValle completely but is the right direction IMO.
Again, just hypothetically speaking from recent articles etc.
Marilyn,
I would believe that it would be considered Misprision of Felony. They could also be sued personally for Color of Law violations. (Yes, federal agents CAN be sued personally when they create a tort outside of their constitutional authority) It is called a Bivens action, named after the precedent setting case, Bivens v. Six Unknown Named Agents, 403 US 388 (1971).
In NY, Courts really hate being lied to. Stopped another sale today based on “no standing” phony assignments.
Everyone keeps reporting that the total mortgage victim count (yes victims) is 4.2 Million. On the payout matrix total number is 3.9? Have 300,000 of us died or been wiped out by computers and judges. There has been so much fraud why is there not a category that just simply states “Fraud”. ???
WAY TO GO PRO SE!! IT CAN BE DONE BUT YOU GOT TO FIGHT!! Please read this!!
http://deadlyclear.wordpress.com/2013/04/26/hawaii-pro-se-plaintiffs-beat-bonys-motion-to-dismiss/
@Tim
This is a position our Country has never been in. I always thought the US marshals
first allegiance was to the US CONSTITUTION and then to the judges.
So back to how you started this thread , if the marshals have knowledge of something
Illegal happening in the Court don’t they have authority to stop what is happening to
the citizens of this country in regard to their property rights
The US marshals removed me from my two properties with two void ab initio judgments
I found them very decent people, but not fortune tellers and aware of what was about to
happen in this his country.
In the intervening years and all the illegal nightmares be foisted on the people I am sure
they are well aware of how our country is being destroyed. Are they forced to stand idlely
by
correct that to read most judges don’t think…
how much money has changed hands that most judges doesn’t think forgeries should be paid attention to?
Tim I like that 20 year prison stuff for the snakes that are living in my two condos with forged deeds.
is there anything besides a judges order that will get the US Marshalls to remove someone from Property that they are in with a forged deed?
no
@Tim pull up NYS PENAL LAW 170. DO ALL THE STATES HAVE SIMILAR LAW?
YES…and it is also codified in Chapter 25, Title 18 of the United States Code.
http://www.law.cornell.edu/uscode/text/18/part-I/chapter-25
Misprision of Felony http://www.law.cornell.edu/uscode/text/18/4
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
@ Shery Sutter – Personally, I love the idea of your petition but also don’t want to sign up with an account with a .gov site. The gov’t is already too much in my pocket and since this site is monitored by them, it’s a ‘no thank you’ to signing!
I understand your reasoning, and I thank you for your verbal support…this means as much to me.
Please follow this link (https://petitions.whitehouse.gov/petition/provide-protection-homeowners-who-have-been-victimized-banks-ensuring-criminal-laws-apply/58QKcsP1) and sign my petition “Provide Protection for Homeowners Who have been Victimized by the Banks by Ensuring Criminal Laws Apply to Corporations”.
Read how bank crimes affect you, your loved ones and your neighbors at http://mortgageforgery.wordpress.com
Thank you sincerely for your support.
Done! We have to get public opinion and hold the President, elected officials from both parties accountable if we have the courts, media and everyone else against us.
Great context that counters the attacks by banks accusing us of being deadbeats etc.
Thank you so much. Please pass this on to all the you know that have been affected…if the media are too afraid, we need the power of social media to do it for them.
I’m working on some ideas, hopefully I can be in touch thru your blog.
After listening to the Pro Se v. Attorney arguments, I would like to inject another avenue for homeowners. Many law schools, such as Harvard, have legal aid services for those who cannot afford an attorney. http://www.harvardlegalaid.org/projects/foreclosure-task-force
Eugene V,
No Lender or Noteholder. They even admit to it… http://www.scribd.com/doc/120070203/In-Wells-Fargo-s-own-words-there-is-no-Lender-in-mortgage-securitization?in_collection=4232542
Chances are that you do not owe taxes to the town. The servicers usually have to advance them themselves to protect the interests of the investor. Go to your town hall and get a printout of your property tax history.
Tim, the other day you stated that in securitization there is no “Lender” and no “_____. “I forgot a couldn’t that comment again. Could you tell me what the other part ? Thanks.
You bring up a point that often goes unchallenged. The only party that can declare default is the Lender or Noteholder.
There is always a Section 1983 action available if a color of the law offense is perpetrated against you.
http://www.scribd.com/doc/111049094/MERS-Fraud-Upon-the-Court-Revised-Bryant-2013?in_collection=3942603
Karen, if it is a securitized trust, you can also attempt to make them show the UCC financing statement for the assets of the trust. They never file these, since the trusts do not receive the financial assets which create the corpus. The original lenders hold onto the assets until foreclosure. They are not sold, they are pledged.
Karen, Wells Fargo’s employee can not testify to an endorsement on a negotiable instrument, which they did not make. It is hearsay. The only person who can testify is the indorser, not the indorsee.
ok , my husband brought up a point that I have not seen addressed , not that I want to lose my home but it looks like from views this is inevitable , so now following sale of house by the bank , if the back taxes are applied and way into a figure that we could not possibly afford what takes place will we then be placed in Federal Prison for not paying taxes on a home that is no longer ours and will have to pay for. As if i am not overwhelmed and depressed enough as it is
This is not legal advice. I have been told of people vacating their homes because the banks foreclosed on them. The homes remained vacant and banks did not change the title, thus, years later the foreclosed on and now former owners were presented with bills for unpaid HOA fess, taxes and home insurance. I am just passing on what I have heard. Look up a not for profit housing counselor group or not for profit foreclosure assistance group be it private or public and ask for assistance in how to protect yourself. You should probably get professional legal assistance and these agencies can point you in the right direction. No need for alarm, just make sure you check it out and cover yourselves.
Have you looked at a Chapter 13 filing? That usually puts the brakes on most creditor actions (including tax debt), and will designate a portion of wages (after living expenses) to pay these vultures. And then if conditions change you can always dismiss the Chp 13.
ForThePeople, I appreciate the kind words. Even though I’ve managed to keep my home away from the TBTF Banksters I know this fight isn’t over, not for me and not for the rest of us. If I sit idly by and watch just one of my neighbors lose their home it affects us all and I’m afraid that those who have yet to be personally touched by this crisis don’t understand how it has or eventually will effect them as well.
I feel so helpless at times when I read these posts and I especially feel frustrated at the injustices being dished out to those of you in Florida.
I wish you all the luck with your second lawyer and your rocket docket courts down there in Florida, Colorado is second only to your state in the disgraceful legislation that has been passed in aide of the Banks and lending institutions.
In Colorado non-judicial foreclosure is accomplished through a Rule 120 hearing where the other party (the Bank, MERS, whoever) comes in and tells the Judge that you are in default, the Judge then asks you when was the last time you made a payment and when you answer truthfully he then grants the order authorizing sale and shortly thereafter your house is sold on the courthouse steps.
Even though the Colorado Supreme Court and the Federal Court of Appeals for the 10th District have clearly stated that Due Process should not suffer in application during a Rule 120 hearing there have been no changes in the procedure.
At my last Rule 120 hearing the petitioning party failed to respond to my written objections and affirmative defenses and during the 45 minutes it took to hold this hearing the Judge ruled that the Note presented by the banks attorney was lacking several signatures requisite to the bank being the legally recognized holder of the note. Despite this the Judge granted the order authorizing sale. I forgot to mention one little thing, neither the Bank nor its Attorneys bothered to show up for the hearing that they themselves petitioned for but the Judge had no problem advocating on their behalf for 45 minutes. Rule 120 hearings are not considered to be a final judgement therefore they are not appealable either.
Believe me, I know what you mean when you say it doesn’t matter, first hand. However, the end result for me is that I now own my house without a note or deed of trust attached, not because I discovered some hidden secret or that I polished my legal skills to a razors edge (you couldn’t cut yourself on my legal skills if you tried), my good fortune came about because I never gave up and I threw up roadblocks against everything the banks threw at me and the dumb bastards forgot to keep an eye on the clock and the staute of limitations ran out on my note 4 months ago. I’m not in disagreement with you ldynps, with or without help of an attorney people need to educate themselves becasue the courtroom can be a really intimidating experiance. So I will say no more about this subject, at least for today.
Go to any courtroom in any county in any State and watch for your self…lawyer or not, the banks are stealing our homes and the courts are allowing it!! Our homes are in jeopardy and people are foolish to believe in the system that has been bought and sold by Wall Steet…the fight is for our very existance and no lawyer can beat their greed…TOO BIG TO FAIL is all around us, fight and save your money…you’re going to need it!
It just doesn’t matter…The Courts are not ruling on law!! That’s the issue…pro se or lyin laywers…the rules are not being protected…it’s criminal not civil!
Well, ldynps. Make sure you’re the first person to console the person who loses their case Pro Se. I am telling people Pro Se is a bad move and I am NOT an attorney. What are you gonna tell someone who loses their case on the basis of a procedural mistake or detail because they don’t have ANY legal experience? Plz, I’m all for learning and fighting as long as you can,
but to put something you’ve work a lifetime for in jeopardy really is just foolish.
So if you can’t get a lawyer you just walk away…let the big pocket banks win with no fight??? That, IMHO would be foolish. The information needed is out there and can be accessed quite easily albeit time consumming for those of us not trained or educated in the legal field.
If you decide to take on the challenge either to defend or go on the offense as a pro se, you can ask the court to take judicial notice that you are a pro se litigant. The Juidicial Notice also requests the court to not hold you to the highest standards as attorneys. You can find example notices anywhere just by a general search. There are numerous examples out there. This does not mean that you can get a free pass to just slap something together, not worry about the rules of procedure and expect a court to not throw you out. It takes lots of time, lots of tears of frustration, and pushing your brain cells to find, read, comprehend and use the information. It is NOT an easy task. The banks will stop at nothing and stoop to levels so low, if a sport, they would be thrown out of the game. If you are really trying and the court recognizes that, it may, I say, may, give you a chance to allow you your due process. To not be allowed due process based on the inability to have legal counsel, no matter the reason, is unconstitutional. The very worst that could happen is you lose. On the other hand you could partially win by forcing a somewhat meaningful settlement or getting a real and true modification that you can afford if that is what you want or can live with. If you just walk away because you don’t have legal experience or an attorney..you will, for sure, get nothing and may end up still owing the thieves money.That is foolish. Don’t worry about setting bad law or bad legal precedents….in this arena it won’t make no difference no how no way.
I am not a lawyer and I am not giving legal advice. I just don’t want those out there to be discouraged from standing up to these banking cartels and making sure you get your day in court. The more we walk away and give up the more we are telling the courts, our government and the banking cartel that we will allow our due process to be taken away. That will be the end folks when we are not allowed due process.
THis is an article I posted on the examiner about MERS. Let me know your thoughts.
MERS (Mortgage Electronic Registration Systems), the ubiquitous foreclosure management agent to the banks, is the legal will behind almost every foreclosure action in the nation, operating under the cover of an obscure and highly criticized business model.
MERS was introduced to the mortgage industry as a solution to electronically track the nation’s home loans in replacement for traditional land records. But its capacity in tracking loans quickly morphed making the giant a vested entity in the mortgages it helped to originate and in the nation’s foreclosure process it promised to streamline.
MERS plays a changing role in the foreclosure process, making conflicting appearances on the foreclosure scene as both the agent to the foreclosing bank and as a defendant. In a large number of foreclosure actions, homeowners are baffled to see the mortgagee giant named in the foreclosure action as their co-defendant.
But MERS’ appearance as a defendant can ultimately have an undesired effect of aiding the homeowner. This peculiar alignment can potentially change the dynamics of how foreclosure lawsuits are challenged, since MERS, [as mortgagee], can be compelled to defend the mortgagor-mortgagee covenant which it is in fact a party to with the homeowner.
A defense by MERS of the mortgagor-mortgagee covenant adds up to a legal defense for the homeowner until that covenant is dissolved by the court. Furthermore, and perhaps most confounding is that its assumption of the position of defendant can result in MERS being pitted against itself, since MERS is nominated by the bank to effectuate the foreclosure.
MERS can also alter its corporate anatomy to bypass critical laws requiring high ranking banking officers to acknowledge new mortgage assignments. MERS has reputedly assigned the role of Vice President to arbitrary members of its corporate body for a nominal fee of $25 in order to expedite the growing number of foreclosures it processes for fees.
The MERS model of doing business fueled a national opposition which charges MERS with widespread fraud, such a robo-signing by its fictitious VP’s which wrongfully document the transfer of hundreds of thousands of home loans within MERS’ proprietary distribution list of investors.
The allegations of fraud culminated in [some] weakening of the MERS infrastructure and an $8.5 billion dollar national settlement with the federal government and 14 of the largest banks by assets. Foreclosures in many states did decrease, partly due to the increase in homeowner friendly foreclosure rules arising from the MERS controversy.
The MERS business model, which splits and dices home loans before pouring the mix into a complex asset pot known as a securitization pool, remains in large part a mystery to a wide number of state and local courts which preside over the fate of millions of homeowners in foreclosure.
The obscurity of the MERS business model becomes most evident when it’s challenged by the homeowner. Such obscurity enables MERS to deceitfully make itself a defendant and camouflage a highly leveraged position against the homeowner.
Join me on Facebook https://www.facebook.com/pages/DocsToWork/519096628118697?ref=hl
Twitter @DocsToWork
I am not going to argue on this pro se issue any further…I never said to be an un-prepared pro se litigent..I believe one will be prepared by following some of the cases on this wonderful website…Lawyers are loosing the houses just as much as pro se litigents, and thats the truth…It doesn’t matter if the banks used forged documents, the Courts are ruling in their favor NO MATTER WHAT! I suggest to be prepared to prove your Complaint because no one knows your case better than YOU! Few…very few…homeowners are winning their cases represented by Lawyers after paying them thousands upon thousands of dollars. The laws are not being obided so fight yourself and save your money! I’m done posting where Attorney’s may be responding!
@ldynps
Believe me, I have no faith in most of the Lawyers in my area. I was just saying DO NOT GO AT IT ALONE, thegrey55 is right when you go Pro Se the system is already slanted against you. If you have a lawyer the system is slanted against you for that matter. However, with a lawyer driving the car and you guiding it, you got a better chance to reach your destination. That is why KNOWING YOUR CASE, THE RULES OF CIVIL PRODECURE, THE LAWS AND PRECEDENTS PERTAINING TO YOUR CASE BETTER THAN YOUR LAWYER Y IS IMPORTANT. IT WILL BETTER YOUR ODDS. GOD BLESS AND KEEP FIGHTING.
I’m sorry, but advising an uneducated homeowner to go it alone and file a complaint is just what the MERS and the Banks want you to do. The majority of the cases that get appealed to a higher court are those that are represented by pro-se litigants. You know why, because MERS and the Banks know they have a better chance of winning those appeals and then what we get are bad decisions becoming precident by virtue of default. I have no problem with pro-se cases, I’m working on my second major filing as we speak but I lost my first one due to my own ignorance.
Believe me, I have no faith in the attorney pool as it now stands but I believe without doubt that an unprepared pro-se litigant will destroy any chance he might have and possibly aide the enemy by getting bad judicial decisions into the books as bad precident.
Those who perished in Donner Pass long ago took a guide who knew less than they did and those who walked out of that mess were better prepared than their fellow travelers so unless you want to end up as meat on the table prepare yourself for the task at hand…..
ALL I have to say is that IT DOESN’T MATTER…pro se or lawyer…the courts are not protecting the rights of we homeowners under attack by the banks Lawyers! Banks and Lawyers are making so much money by stealing our houses, they will not stop! There are/were 63 million loans that were put into the MERS system and those 63 million loans will take some 12-15 years to go through. There are no legal assignments, no notes and no laws are protecting us from this criminal activity. To tell people on this site that you really need a Lawyer is hogwash…the Lawyers are just taking money to pay their own mortgages off!! If laws are not being followed by the Courts, the Lawyers fail because the laws are not protecting us…That is why I urge people to file their own lawsuits against the banks…the lawyers are loosing our cases but they get what little money we have left! This site has all the information needed to fight this battle so just take a deep breath and file your own Complaint citing the fraud the banks are guilty of. You have more knowledge that any Attorney because it’s effecting YOU!
Must be some Atorney’s telling people how stupid it is to fight pro se…they want your money and stupid is as stupid does! Fight the fight!!
Fighting in Ohio, has got it right, you must know your case and the law that applies to it better than your lawyer. The old days of retaining an attorney and going about your business are gone. You will have to push and prod your counsel every inch of the way but don’t rely on internet mumbo-jumbo to make your arguments or you’ll find yourself without an attorney. Base your arguments on the precident of the higher courts in your state of federal district. Personally, I prefer to keep my actions in the state court, these banks seem to have the upper hand in the federal courts. If you wish to avoid having the banks or whoever it is move your case to the federal courts (diversity) then you will need to make sure you have at least one defendant/respondent who resides in your state or who has their business incorporated in your state.
As always: This is not legal advice and I am not an attorney.
Good luck and Godspeed.
You are so right about finding an educated and experienced attorney. Even then they may not be right for your case. I am on my second one and much involved in my 4 yr old case. If anyone is in foreclosure in FL now they better have a fighting attorney or all you will get is a recommendation for a mod. Pay one payment and that 5 yr SOL restarts.
The Grey55 your posts are both informative and inspiring. So nice to hear that you survived and maintained your home. I know how hard you must have fought day in and day out. Thanks for still hanging around and please keep posting.
This is not in reference to foreclosure, but about 15 years ago I dealt with a low level judge in Michigan regarding a child custody/support issue who refused to follow Federal law and decided just to make up the rules the way he wanted to. I, fortunately, had a fearless lawyer who filed a suit against him Federal court for doing this. Yep, you can sue a judge for not doing his job! You would not believe HOW quickly he changed his mind. It take just finding the right, fearless lawyer who wants to see injustices rooted out and addressed as opposed to wanting to avoid stepping on toes. It’s a huge fight, but can be done. I personally think a lot of these judges who signed off on these bogus foreclosures should be sitting in the pokey themselves.
Anytime the Banks bring in one of their so-called expert witnesses you must challenge the testimony as being unqualified hearsay, unsupported by any admissable evidence before the court. Just because someone brings a handful of computer generated documents into court with them that doesn’t authenticate those documents and the parties relying on those documents have to prove the reliability of the system that generated them. Because of the fact that most of those coming into court claiming to be the holder of your note did not originate that note, the documents used to support their theory either came from someone elses system or they were fabricated after the fact. A Witness without personal knowledge of the facts to which they are testifying and who has not examined the original documents and cannot testify as to the reliability of the process used to produce those documnents is not qualified to give sworn testimony. Anyone claiming to be acting as an agent for another is required to produce an Agency Agreement (Power of Attorney) properly executed, this is statutory law in almost every jurisdiction I have come across and some paragraph found in a mortgage or deed of trust, lacking signatures and execution cannot be held up as a grant of agency powers to anyone. The courts know this, the banks know this, MERS knows this, yet we have witnessed one court after another let these usurpers waltz into court without one legitimate document in their posession and then waltz back out with your property. I don’t have the answers as to how we can stop this but I do know that if we ever quit fighting these injustices we will find ourselves in a nation of endentured slaves begging for a roof over our childrens heads and for the food we need to feed them…..
Do you believe in Black Holes, I do and it’s that 10 square miles of filth and destruction called D.C. and it’s sucking the life out of the rest of this country. A swirling mass of hope, life and liberty, education, housing, jobs, income and the American Dream being sucked away from the rest of the country to feed the needs of those who reside in that dark disgusting place. And, nothing comes out the other side. America needs to wake up before it’s to late, this is not the beginning but it will be the end is we can’t figure out a way to stop all of this madness.
I beleive you are 100% correct and maybe by the grace of God that black hole will open up and suck in all of the filth never to be seen or heard from again.
I purchased the complete Jurisditionary course study materials many years ago and while I found it to be an excellent introduction to the way things work in our judicial system it is not the holly grail. The messages and commentary today are the same ones that were used years ago and it fails to stay abreast of the times. It takes long hours of research and the ability to get your arguments in front of the court and the know how to bend the court to your will or actually the will of the precident as determined by the higher courts in your home state. Most of the lower court judges aren’t afraid of having their rediculous rullings overturned because pro-se petitioners often fail to make the necessary objections and proof of claims arguments needed for appeal. We are losing ground every day in the fight for the Rule of Law and finding a qualified attorney to represent you or even one who isn’t qualified is akin to trying to walk on water. If you must proceed pro-se don’t go at it half assed because you will lose.
@thegrey55
I AGREE! If you want to fight a battle with the Bank you will need someone with some knowledge of the rules of law in your state. I have found talking to para legals and law students helps alot. Like thegrey55 just said finding a lawyer is hard. Finding a good lawyer is even harder. At least when it comes to fighting or suing the banks. Even when you do get a lawyer you GOT TO KNOW AND UNDERSTAND YOUR CASE BETTER THAN YOUR LAWYER. — USE EVERY RESOURCE YOU CAN.
@ Karen, Make sure the “Note” is legitimate first. I have been made to believe that all of the Note’s that have been filed in these fraudclosure cases Nation wide are all forgeries. First rub your fingers underneath your alleged signature on the Note. See if you can notice any bumps on the paper caused by you pressing down on it with a pen. Then wet your finger and see if you can smear your alleged signature on that Note. If the signature smears and you cannot feel any bumps on the back of the Note behind your alleged signature, then your liars have filed a forged document into the court case.
And if they are willing to forge a legal document in order to steal your house, they are probably willing to invent the story that they have been hired to represent the alleged Plaintiff in your case. Demand proof of claim from the liars that they have been delegated authority by the alleged Plaintiff to represent the alleged plaintiff in your case.
Until such proof is offered I, if I wear in your shoes and this is not legal advice, it is just info sharing, If I were in your shoes I would refer to the Plaintiff and Plaintiff’s Council for now on until you see proof otherwise as alleged Plaintiff and alleged Plaintiff’s Council. You swore to tell the truth and the truth is that you have never seen proof of claim the alleged Opposing Council has ever been authorized to represent the alleged Plaintiff. Until such proof is offered you have every right to think that the liars invented a client styled Plaintiff, etc. in order to steel your house.
I agree that all angles need reviewed for a possible lawsuit but fighting Pro Se without the proper resources does NOT help you. If you at all can get legal assistance I would suggest looking into it. Presenting your case no matter how strong in the wrong manner may only lose your case. If it’s your last resort to go Pro Se, so be it. We can stand in front of a Judge and argue that the transfer of our Mortgage into a securitized trust changes its fabric and may not be foreclosed upon and still have the Judge reply…Huh? If your not using case rulings as support so their decision is obvious you maybe setting yourself up for failure. It may not be brain surgery but it is detailed and procedural.
I have been using many on line sources for help. This being one of them. The one that I refer to the most is one called jurisdictionary. I think it is the best one out there so far. I highly recommend it.
http://www.jurisdictionary.com?refercode=GX0001
Trust me, if you do a lot of research, you will know the financial transaction better than the foreclosing party. You will have the answers to defend against their obfuscations. In FD, like everything else, KNOWLEDGE IS POWER.
Read your state laws, UCC, securities law, contract law, and applicable federal law. But most importantly, READ YOUR NOTE !!! That is the document that controls every incident to foreclosure. No matter what the mortgage states, the only party that can enforce the note under default, is a party that meets the definition of “Lender” or “Noteholder” stated within it. (HINT: There is no “Lender” or “Note Holder” in securitization).
The most important legal theory to study is “functus officio”. It is a very little known, but very powerful legal doctrine.
@ Tim Bryant. I am trying to get the Illegal Foreclosure and Sale of my home made as public as possible. Can you help me? Could I send the document I created on this Illegal Foreclosure to you for review and input? Thanks in advance for any assistance you might provide.
Sure… tbryant80@comcast.net
It’s a mixed bag as to whether you can “win”. Generally we need to keep fighting as best we can and keep in mind the Vietnam vet’s post a few days earlier and do so with dignity.
On the other hand there may be a way to work together as was being discussed a few days ago and be a middle ground between filing a lawsuit and going it alone and/or a class action. I’m thinking of the RESPA section that allows for group complaints when qualified written requests aren’t answered. If we can file these en masse and publicize them along with current scandal with settlements that is being compared to the robosigning scandal itself we may be able to generate the resources and public support we need. I’m still struggling to get functional but hopefully I’ll follow up w/ those that have left email or we can review further.
Most cases that are lost, happen because of “Triple P” (Piss Poor Pleading). It also occurs because pro se, and most FD attorneys, do not understand the entirety of the financial transaction they are involved with. They use the same boilerplate arguments over and over again.
For example, many securitized trusts do not even continue to exist. Monoline insurance, Government bailouts, and Credit Default Swaps have settled the entire account. These trustee and servicers are trying to collect on a fictitious obligation, by using the photocopied mortgage documents that were once contained in the loan level collateral files.
Also, concerning MERS, they have never been granted any authority to contract with borrowers, hold a lien on the property, have ANY interest in ANY mortgaged property, or have the authority to assert any such rights. In fact, they do not even secure the Lender stated in your documents. They use the “legal title” as collateral for their own line of credit with NationsBank (now Bank of America).
@ Tim Bryant
Correct! You have to know your case and know it better than your lawyer. STUDY LIKE YOU WAS IN SCHOOL AGAIN! Know that EVERY CASE IS DIFFERENT. TAKE YOUR TIME AND KNOW THE ANSWER TO YOUR QUESTIONS BEFORE YOU PRESENT THEM IN COURT. LIKE I SAID BEFORE KEEP FIGHTING THO … GOD BLESS
I for one do not encourage anyone to take these cases on Pro Se. In PA you are first put into a Foreclosure Resolution Program. While many bring counsel to all these hearings, many just come by themselves. The initial one was very informal and more of a discovery of who the parties are and the current situation at hand. I continue to be amazed at when someone asks a legitimate question as to who may or may not be the correct party or even the legality of paperwork filed, you get dismissed with no reply. If a homeowner was to file paperwork claiming their property was falsely paid in full and sign as a VP of their Mortgage company, I would hope they would be handcuffed upon discovery or admission in court. It’s takes less then 5 mins to handle these accounts properly and legally. A mass 4.2 million ck run for foreclosures filed between 2009 and 2010 just shows the magnitude of what they are trying desperately to sweep under the rug. Find a good attorney who’s familiar with these issues and continue to do your best to get your issues resolved.
The “other” old saying was that there is justice with the Courts! That is no longer true, there is no Justice so one must fight themselves. This website has all the help one could use, just take a deep breath and file a lawsuit…this is not brain surgery, it’s one homeowner against a bank that doesn’t own it. The lawyers are benefiting more than anyone says so all I am saying is fight it yourself…lawyers would have you believe you NEED them…well, they need to make their own mortgage payments and people that put their faith and trust and money on them, loose anyway because the banks are stealing our homes and the banks are allowing it to happen…Can’t dispute that fact!!!
Mark,
You are absolutly correct…The Lyin Lawyers don’t want to ruin their relationships with the various Courts and Judges they have nurthered for years! There is NO justice with Lawyers so people who finally “get that” after spending what little money they had, MUST file their own Complaints against whatever lyin banks are anywhere on any documents…and don’t forget to add MERS to any Complaint..Fight the banks on your own…nobody cares more than YOU about YOU! File Motion afetr Motion and make the banks respond…and when they don’t, because they have SOOOO many lawsuits against them, file for dismissal with prejudice…demand the bank return the record to your name, FREE & Clear because the bank cannot prove they own your note! Fight…fight…fight…don’t play their game, file your own lawsuit and force them to play in YOUR GAME cause that’s all this is!
Good Luck to all of us!
@ ldynps
YOU SOUND LIKE A BANK OpPERATIVE!! DO NOT LISTEN TO THAT CRAP!! The old saying goes,” he who has himself for a lawyer, has a fool for a lawyer. Do not go at a lawsuit alone! First ARM YOURSELF WITH KNOWLEDGE, EVERYTHING IS RIGHT ONLINE IF YOU LOOK HARD ENOUGH. GOOGLE SCHOLLAR!! SECOND, YOU FIND A PARA LEGAL, LAW STUDENT, OR OR SOMBODY WITH SOME KNOWLEDGE TO HELP YOU IF YOU CAN’T GET A LAWYER. BUT NEVER STOP FIGHTING AND FIGHT WITH SOME SUPPORT. PERIOD
I got a $300 check yesterday (should have been much much bigger since they foreclosed while I was under bankruptcy protection) but there is no appeal process. From what I understand another wave will go out this Friday and next Friday and after that they will trickle out until mid-July.
On the plus side, the National Mortgage Settlement site was updated yesterday and states checks will be mailed out in 4 to 8 weeks. Those are to be for $840 or more.
I also think these class actions are far from over so people need to keep on top of this. I would not be surprised if litigation doesn’t come out regarding how this Independent Review was handled.
This is going to be everyone’s common ground….nobody cares. People argue, hey you were late paying or didn’t pay, you deserve thousands of dollars in fees and foreclosure. I’ve had the PA foreclosure resolution department actually kick us out of the program because we refused to just randomly pay a figure with no detail or supporting standing documents; and I was the only one in hundreds of cases who was there to actually pay! I’ve filed Motions that require a hearing to argue a Plaintiffs Motion that gets entered without such a hearing (althou required). When I go to the Motion court during break to ask a status I’m screamed out of the courtroom by a clerk claiming “You cant play lawyer”. Yes, other lawyers do not want to take this bs on, they have to deal with these opposing counsels and judges daily and it’s not worth there time or career to make enemies for us.
I have a question about these so called checks,so far they have released the 2nd wave of checks,so how many waves are there? & has ANYONE received the max ,amount? & is there more of an explanation of harm if checks are bigger?
I filed complaints with everyone, but this is Texas, so nothing happened. I tried several attorneys, to try to go after him, but it would cost a fortune, with probably no gain. No lawyer cares about going after another lawyer.
I don’t think people realize how long this massively corrupt and errror-ridden mortgage system has been in place. It started long before the housing collapse.
It’s sad to read stories of a continuous parade of desperate people with the same sad ideas (like class action, and thinking that government agencies give a crap about what is happening to you).
If you manage to file a lawsuit, a lot of what happens to you while fighting this will depend on your state. If you are from a more consumer-oriented state, your chances are better. If you’re from a redneck state where the gov’ment and corporations are the same pocket…not good.
I have a foreclosure trail coming up and my stand is lack of standing. The original note and mortgage is attached to the complaint and listed as Option One and NOT the Plaintiff Wells Fargo Trust. I was told that the Plaintiff will bring in a Wells Fargo employee who will say they had the Note prior to filling the complaint. QUESTION: How do I disprove their claim or what else can I use to win this case?
There are are lots of questions coming up about “indorsements” as the note is passed from one holder to the next and whether there is standing in the context of these Trusts violating the PSA agreements that govern them. Take a look at this thread, and try your best to get some legal assistance.
http://finance.groups.yahoo.com/group/fight4mortgageandcredit/message/14037
One sure way to help this economy is to force this industry to mark to market all properties. Think of all the capital that will unleash from homeowners who are now able to focus on their lives and work. Still looking into class actions, more later.
@ Ivett #699540
The State of Texas v. James M Ebert
County Court
At law #6
Travis County Texas
this might make it easier for you to find
I did not see the link on the pro se litigent? Can you send it out or send to me at elyse@gte.net
@Ivett
Pull this case up on your computer. IT IS WRITTEN BY A PRO SE LITAGENT BUT MAY GIVE YOU SOME CASES AND INFO THATCOULDBEHELPFUL TO YOU.
PDF]
MEMORANDUM ON PRO SE – Freedom Schoolwww.freedom-school.com/699540/memo-on-pro-se.pdfYou +1’d this publicly. Undo
File Format: PDF/Adobe Acrobat
Attorneys do not exist under the Constitution for the united States of America and … presumed license from the state legislators and [an alleged] Bar association on the … The term “pro se [litigant]” is SUBTERFUGE [something designed to deceive] used by … substance of a pro se motion’s claim and its underlying legal basis.
Is anyone here familiar with the law that states “Substnce not form” is what matters when dealing with pro se litigants? If so, would you please post it here? Thank you.
I completely understand what you’ve been through and are still going through, my fight started in October of 2006. I’m afraid that every time the bank convinced you guys to make a few payments to put off the foreclosure process they also got you to reset the clock on the statute of limitation in their favor by doing so. I say don’t give up but it’s obvious from your story that quitting is the last thing on your mind.
Good luck and I really hope something goes your way, this is wrong on so many levels that I wake up some days wondering what country I’m in.
Angela, What state do you live in, I find it hard to believe that after 8 years the statute of limitations has not run out on your lenders ability to enforce the note. Foreclosure does not qualify as enforcement of lemnders rights in the note unless it is done judicially. In order to render a SOL moot the qualified party must enforce its interest judicially within the time allowed by law. I’m curious if your attorney has discussed this angle with you.
I own my home because the statute of limitations ran out on my pretender lender last year: Note is unenforceable and the Deed of Trust is extinguished, end of story…..
The problem is they have foreclosed on us 3 different times..we have been fighting this when nobody else was fighting. Every time they convinced us to pay them a little money & they would stop foreclosure. Every time we would go to lawyers & try to make someone listen, every time we were basically called deadbeats and we should suck it up and pay the 1800-2400 a month payments, because after all we signed on the dotted line. I guess you could say third time is the charm because we were able to get a lawyer to fight for us finally. Even though the judge ruled in their favor it took him awhile to do that and he let them win on some technicality, (our lawyer was late!) I think judge was just tired of me bringing in stacks of papers and laying them on his desk! No judge wants to take the time to read all that….sad but true!
thegrey55 so let me ask you something. I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008? In Florida it is a five year statue of limitation. Can I then file a claim for Quiet title?
There is also the fact that these cases are still ongoing and the so called “harm” is changing daily. Facing a sheriff sale date of May 6th, what is a 300$ ck going to do? Rust and the OCC don’t want to hear any current information, they suggest calling the servicer. Plz, you think the servicer is willing to help after all this time, fight and forgery?
We need to make copies of those measly checks and send them to the OCC’s Curry, to our Senators and to Warren, Brown, Menendez, Johnson, and to two-faced Obama, with the following Title: Insufficient Compensation. Re-review and re-compensate.
There is absolutely no way the government can justify how the determinations of harm were performed in regards to the X-IFR payments that people began receiving this week. Not unless they admit that they used darts and a board with our names on it.
The IFR involved hundreds and hundreds of people spread out at different locations and in a years time they were only capable of reviewing something like 127,000 of the half million requested reviews before the OCC and the FED shut the operation down. After that, the Regulators would have us believe that they then gathered close to 4 million homeowners mortgage records (records that even the banks couldn’t produce under court orders in most cases)and then conducted a review for harm of each and ever one of those 4 million before issuing checks at the end of last week.
That means that a government regulatory agency performed all these tasks in 95 days with less than 1% of the work force available the year before and came to an equitable determination of harm for 4 million homeowner in a situation that they have not been capable of bringing under control since it began almost seven years ago. My ass………….. So don’t expect any explanations, believable explanations from anyone in government.
Even if you receive a check, you retain all your right to pursue an action against the Lender. No party, including the government, can interfere with a private contract unless it is done through the courts.
Rich, according to the payment matrix put out by the OCC there are only 5 catagories that pay out $3,000 and all of them are in the matrix for those who did not apply for the IFR before it was cancelled. I know that 99.99% of all the payments being issued don’t even fit in with the type and cost of the harm committed by the banks upon all of us but you can go to the OCC’s website and get a copy of the matrix and from there get some idea of what they thought they were paying you for. You’ll know better than anyone else which of the five catagories you fell in or how many of the catagories. Thought this might help a bit. Personally, my check was about $34K short using the governments matrix, I guess the Banks can commit the same crime numerous times and still only have to pay us once because the act I was payed for was committed 3 times by the same bank.
Your right Hammer, I said six years. The statute here in Colorado is in regards to promissory notes and it is not exclusive to just home loans. Most states have these type of SOL statutes. The one advantage to this type of affirmative defense to foreclosure is that the law is pretty much cut and dried. If “A” took place on a certain date the SOL begins to run and after the time allowed by law “B” expires the Note is no longer enforceable “C”. And, as much as alot of these judges seem willing to look the other way where the TBTF Banks are concerned, they can’t ignore the dictates of a staute of limitations where A + B= C. The courts are without jurisdiction over the controversy because it no longer exists by law.
This morning I called the judge that finally ruled in favor of HSBC.
I informed him that we had received a $2000 check & in light of that
Would he review our case? Our house is due to be sold next wed at sherrif sale
He said to have my lawyer request to vacate the sell & he would take
A second look. I’m not ready to give up hope yet! Been fighting for 8 years!
Can anyone advise the proper channel to go through to request an explanation for WHY I received a $3000 check due to Foreclosure Review, i.e,. who did what wrong? Where can I go to demand an answer? Thanks for any help.
I am wondering the same thing…. I only got 800 bucks. I was a deployed soldier and covered by the SCRA which means I should have got 125K like their little chart said. What ticked me off the most was that I wasn’t even notified that I was being foreclosed on and then when I tried to ask Wells Fargo about the settlement they told me to get a lawyer and sue them
Did you happen to sign up for 2 settlements? I understand that there were 2 going on. That may be it? I hope so in your case, I have WF too 🙁
If people are getting bounced around Consumer Financial Protection Bureau can be an option and copy not only federal but local officials as well is my thinking.
No, I didn’t sign up for 2 settlements but I did get myself a lawyer and hopefully when we get done theywill be naming a big ole building after me….. we can party there… LOL
Be advised, CFPB has summarily been dismissing complaints without ever investigating the complaint, or even following up with the complainant.
I’ve had that feeling about CFPB. Still, it’s a basis for setting a paper trail and making complaints for whoever’s in charge of agency and making our tax dollars accountable which is the language our “representatives” understand..
This is more common then you think. Even Judges now are turning a deaf ear. You owed a mortgage and that’s all they want to hear.
In judicial states this seems to be the case though it depends on the court. In CA where homeowner Bill of Rights has come into play there have been less foreclosures and there are some very signicant cases recently challenging the lender assumptions.
My concern is that my lawyer does not want to put too much effort into the case because he has told me he “had to do business” with the courts. Which means he is putting me on back burner. I am meeting with him today to put him in the hot seat and want him to either back out or start actively pursing my case. I am reading stuff on this message board about statues of limitations and just curious what that means.
Generally, not a lawyer, laws have different requirements as to when a claim can be made and damages or action such as foreclosure can be taken. Grey said it’s 6 yrs in CO from time of acceleration I recall. Creditors have a certain amoutn of time to collect as well.
After severaal years of hell, I did get a lawyer. I advocated for myself by putting in an incredible amount of work. My case was pretty clear, I had every receipt, so I thought it was a slam-dunk.
My attorney seemed to be getting very friendly with the other side, talking about a settlement. Well, he made friends allrighty!
The outcome:
1. He purposely missed an important discovery date and lost most of my claims. He lied about it to me and to the court.
2. We went to court. The judge scolded me for “starting a lawsuit I couldn’t finish”. The lawyer had told the court that the reason the discovery date was missed is because I ran out of money! A total LIE. It was on contingency from day one.
3. I had a few small claims that weren’t already lost. The mortgage company lawyers said that the COPIES of my receipts that the attorney showed the jury were forgeries. My originals were sitting on the table. He didn’t show them to my jury, and there was not one thing I could do about it. It was completely obvious he had already settled for HIMSELF ALONE.
Afterwards I told my attorney that I was going to sue him. He said I didn’t have enough money, that as an attorney he would keep me in court forever. He also told me if I tarnished his name he would “fix me”.
So don’t get too excited about a lawyer. The lady that just got her money was very lucky.
I do hope at the very least, that you filed a complaint with the Bar Association, the Supreme Court in your state concerning this ‘lawyer’. Wouldn’t hold my breathe on him being disciplined or disbarred…but at least there will be a record of your complaint filed on this person.
You “may” be able to get the judgement vacated based upon “inadequate representation”. If you have the retainer letter showing you were on a contingency, then you may have a leg to stand on. Unfortunately, you should consult an attorney (again).
My mother had her home ripped out from under her during a lengthy battle with cancer. It has been two plus years since she has died, and since she had nothing left there was no estate. Unbelievably a check for $3,000 arrived Monday made out in her name. My brother was the executor of her will, is there anything the family can do with this check or is this yet another way for the banks to get out of paying their settlement.
Jillian M.
I am absolutely, heartbroken over my home. Bank of America stole my house. I cried for years, I still drive by once a month to look at it, and all we get for our pain/suffering is a few hundred dollars. I worked so hard for my house….. This is a JOKE! What most people don’t realize, is that , there is a statue of limitation on filing a lawsuit against the banks. I spoke with an attorney, this is exactly what the banks are banking on. The statue of limitation will run out for millions of homeowners, to file a lawsuit against the banks. Most homeowners, aren’t aware of this. So we are stuck with those lousy pitiful checks; for all our heartache, pain, suffering, and they still made billions of dollars. The attorneys are only after your retainer fees, and will do little else to help you. I will do the following, when I receive my check……
1. take a picture of my house and check
2. write a letter to my local senator
3. send copies of all documentation with letter to Senator
4. make a video and post it on You Tube — showing how Bank of America stole my house, and our credit files are still screwed. While the banks, just walk away with billions in profit
5. I can not purchase another house, because of the banks actions, and we still lose…..
A few class action suits could loosen up the purse strings. We can find attorneys that will take a smaller cut so that the bulk of the money will go to home owners. If there is interest post a reply expressing your interest and we can figure out how to collaborate.
Hi Ohioan,
I interested …..
interested.
Yes, I am interested. Haven’t gotten a check yet and filed a review last April. I don’t expect to get much, but BoA sold my house in a sheriff’s sale while we were in the process of a short sale, and I had not missed a single payment. I am sure I will be in the 300-500 range, given what others have posted.
I want to know what happens to the money that does not make it to people that were foreclosed on and have moved after the 90 days is up. Rust is only taking information if you need to change or update you contact information. What if people do not know about the so called review?
I almost threw up when I received a check for $500.00,for compensation, as a result of the federal governments investigation involving my unlawful and unethical foreclosure.In my opinion, BofA (Countrywide Realty) defrauded me out of my beautiful home of some 22 years. I hope they didn’t go broke giving me such an alarming amount of money. I can’t really say that it compensated me for the memories of raising my children in that home, and my memories of my beautiful mother and father, and other friends and family that would often come to visit, that have now passed on, or the memories of my dog Willis who would swim in the pool with me everyday and stand in the same special spot, so that I could hug him and dry him, or of my time with my wonderful wife, of 40 years, when she was not a paraplegic stricken with MS and now with a metal valve in her heart. Here’s the best part of it; Why are they allowed to further harm my credit and life by posting the unlawful foreclosure with the major credit bureaus? By doing that, it has kept me for the past five years, from buying a new home? If this continues to be allowed the housing market will never recover. My wife and I are both 100% handicapped senior citizens, we don’t have much time left. Give us a break. I’d like to pass away in my own house, rather than in some unkept rental junk house, wouldn’t you. Who do we contact to get our credit cleared of the foreclosure, or are they allowed to continue doing it to us and to you?My life is more stressful over this, than it ever has been, since I served this great countryof ours, in 1967, when I fought in the jungles of the Mekong Delta of South Vietnam.At least when my time comes, I will go knowing that Jesus Christ has prepared a home for me in Heaven, praise God.
Hi James,
What a heartbreaking story….. Unfortunately, I understand only to well. I will pray for you and your wife…… I hope you get your house back some how.
Ok, this is so ridicules about the IDR. I suggest that when we all get out money we should put it into a pot and fight these bantereds one bank at a time. Every time a homeowner wins take 25% and put it back for another homeowner to fight. We can do this !! But if most of American’s are as greedy as the corporations this will not work. I for one would give back the money to use it to fight !! There are good lawyers out there! What the hell are we suppose to do with a thousand dollors………..my house is gone, and they stole it with fraud on the court…shame on us for excepting their token $$$$$$$.
Hi Sheila,
I agree with you 100%…. I am absolutely, heartbroken over the theft of my house. I cried for years, I still drive by my house, once a month – with a heavy heart. The banks, made billions off of us, and we still have this on our credit files. They still have their mansions…..
Hey, wait a minute! I think that Rust Consuting has to tell us if we were financially injured or harmed, other wise the IRS could take this as Taxable income! The letter from Rust Consulting that came with the check states, “This payment does not mean that you necessariy suffered financial injury or harm”. I think this needs further clarification. I know they said they sent a check to everyone with foreclosures in 2009, 2010, (even if they may not have been financially injured or harmed). But, I was financialy injured and harmed and I woud like a statement from the issuer to that effect! I will not cash this check until I get further answers and I wil tell them that the IRS wants to know!
Good call. We have to remember this does not prevent us from taking legal action even though that’s been another brick wall. My idea was to go ahead and cash but add “under protest” memo. I was told that when employer added a confidentiality note to a severance check. Not legal advice but any lawyers or accountants out there can verify?
We hired a lawyer in 2010 the day after Wells Fargo foreclosed on us (unbeknownst to us). He got us a stay and we are still in our home, however, the case has seemed to just stall. I have a meeting with the lawyer again today — he just seems not to care. He told us in 2010 that it should take about 6 months for the case to be heard and when I contacted him back then he told me not to “poke the bear” (meaning the courts) because we were still in our house. We are ready to poke the bear. Can anyone recommend what questions I should be asking?
now for the taxes on the checks
https://independentforeclosurereview.com/TaxInfo.aspx
I think we all should begin to take ads out in the paper, on the radio, social media…and post the letters we get back with a copy of the $.02 checks right next to a picture of your stolen homes, your old invoice, and the MLS listing of you stolen property. Make sure the names of the liars and the law makers are shown. After seeing these names repeatedly, people will know there names and faces. It becomes hard being a thief in the spot light.
Checks arrived regular standard mail. No Discovery paperwork. There is a letter included with the check from “Rust Consuting, Inc.”. One sentence in the letter that I find confusing is “Regulators determined your payment amount based on the stage of your foreclosure process and other considerations related to your foreclosure. and “This payment does not mean that you necessarily suffered financial injury or harm”. I think this is called admit nothing and cover the bank’s A_ _ !
The catagory for the $2,000 checks is a “Denied Modification” for those who filed a request for review and didn’t lose their house to foreclosure.
7 years, 5 foreclosures, 3 denied modifications and I got my check today for $2,000. Not to mention that the party trying to take my house all these years was not the holder of the note and had committed fraud on at least 5 different occasions. I think I’m going to burn this check on YOUTUBE after I disclose all of the fraudulent paper work in my possession which includes approx. 35 fraudulent assignments of deed of trust and mortgages all submitted by one Bank. I’m over all this BS and the OCC and the FED can kiss me where the sun don’t often shine.
Sheila Bair on Why the “Vampire Squid” is NOT Too Big To Fail
============================================================================
http://finance.yahoo.com/blogs/daily-ticker/sheila-bair-why-vampire-squid-not-too-big-163939786.html
Hello,still fighting this nightmare,so my question is..is my lawyer not taking this as serious as me or does it just take yrs to see justice?I’ve proved no default due to us,100%lender,supplied all bankstatements showing,received & cashed but credit report shows 100%different,wrong loan paperwork,fraudulent EVERYTHING but still no court date?a few motions sent out & lenders answers further bury them,what am i NOT doing right?or am i just at my witts end with all this?i feel as if im tettering on the edge & dont know what step to take next without falling.
As seems to be the theme with audit it may be time to make your case public and involve local officials. As disappointing as this is as Gray is thinking of doing it may be the way to expose what is going on to the general public beyond us on the internet. I read a statistic that only 4% of distressed homeowners take the legal route.
Congrats,did it arrive standard mail?did it have ANY discovery included?
Here is the way it plays out in Colorado. Once the lender or whoever it is invokes the right to accelerate the note and demands payment in full to satisfy the obligation this triggers the running of the clock. Lender then has 6 years to take action based on the obligation, at the end of that time if action has not been taken the note is no longer enforceable and the Deed of Trust or Mortgage is exstinguished. This leaves the homeowner with strongest title interest. Of course, this is not meant to be legal advise and you should check your states statutes for interpretation and application of the SOL.
I’m not through with these people yet, now it’s my turn to make their lives miserable and in order to do that I have to beat out a couple SOL that apply to the law suit I’m preparing. Gotta run this morning but I’ll be back on here later.
Good luck.
I just recieved a check today for $2000.00. I did file for the IFR. There are no details as to what infractions were violated, but I assume it was for denial of modification. (There are really only three catagories(Service Member Civil Relief Act “Federal Law Violation), (Bankruptcy “Federal Law Violation), and Mortgage Modification Denial, ( no federal law violation here). They chose to keep it neat and elete and politically correct by giving the few large payouts to only the very small percentage of foreclosures that already had legal presidence in the bankruptcy courts and the military who have proof of undeniable status. My outrageous frauduent mortgage stems from origination and the violation of numerous state laws and (federal laws other then the two listed). When I realized there was a serious problem with my mortgage (before a default had even taken place), I notified the FBI, my State Attorney General, my State Senator, (as all of the websites tell you to do when you suspect fraud or a preditory mortgage) and guess what, they all directed me to voice my concerns to the Office of the Comptroller of the Currency, because mine is a National Bank ! I thought that the OCC was to notify the DOJ when an obvious fraud was involved. I thought my mortgage was going to be audited for violations of state and federal laws, but instead I got a check for $2000.00 to help me with the expenses of hiring a moving van.
P.S. I called Rusk Consutants about the lack of information in the letter that came with the check (specificaly, the infractions by the bank and how and why they arrived at the amt. of $2000.00 and as usual, Rusk Consultants “knows nothing” and referred me to the OCC website, which informs me of nothing)!
Were you able to cash your check without a problem? Some people on the blogs are saying that they can’t cash their checks. I just wanted to know how true this was or is someone just trying to put a scare out there.
We need to keep following up with Warren and Congress that is supposed to be reviewing this overnight “settlement”.
Warren inspired me to send letters to local Senator. Which I will be also sending to local news outlets.
I contacted Rust as well when we received our $3,000 check with no explanation. They directed me to OCC who directed me to The Federal Reserve & my bank (of all people). When I protested, they told me to file a complaint. Then I called the FR who directed me to OCC & Rust than they also told me to file a complaint. Its nothing but finger pointing. I sat down and decided to write a letter to our local Senator, but I will be sending to all local news outlets too. We just do not know what to do!!!
Jacqueline,
Great idea, I will write my local Senator. I will send a copy of my check and documents, showing how Bank of America stole my house.
And this is what they do! They could care less about your phone calls. That is why they have Rust Consulting directing you to the OCC and the Federal Reserve and then the Federal Reserve and the OCC directs you back to RUST Consulting. It’s to keep the Peons at bay! Unless they give you a written explanation that a financial harm was commited against you, (which they will not do) your $3000.00 is a taxabe income. Don’t be fooled by the 1099 that they said they will send in 2014 if needed. 1099 are used for many things, and when you get a 1099 from them, they still wil not admit harm done, so you will be charged with a taxable income. Demand to know from your Senator as to whether this IFR check is compensation of financial harm and if so, you want a confirmation letter from the IFR stating that it is, so that you can send it to the IRS.
I woud also ask them to state exactly what the harm was and how they arrived at the $3000.00 amount to justly compensate you for your financial injury when they never audited your paperwork.
If they don’t give you a statement of financial harm, then you haven’t been financialy compensated.
Thanks for the info Rebecca, first check received I’ve heard about so far. I started to say that I’m one of the fortunate ones in all of this foreclosure crap because after 7 years and 5 foreclosures I still have my house and the property it sits on but fortunate isn’t the right word for what I’ve been through at the hands of thieves. Anyhow, good luck with your fight, that’s just how mine went year after year until the statute of limitations ran out on BAC and MERS….
We should compare responses. I just got through 5 years and still in property. I had BAC on MERS records from previous loans that weren’t closed out until 2 years after my current loan closed. New “original lender” now claims to be the investor. MERS official signed on Substitution of Trustee and 4 years later lender/servicer finally admitted it was a mistake since MERS is not on the current loan but say it’s no big deal since non-judicial. May be true IF title is clean etc. Still trying to get straight answers. What is the SOL, I can’t seem to get straight answers, in CA.
Are you saying if they let the foreclosure sit in the court long enough that it will be past the statue of limitation to pursue it? My strategy in this whole thing has been to do nothing. I get registered letters once a month but never sign for them. I want them to have no record of anything. I only answer things from the court. I also check the courts website almost daily to make sure they haven’t asked for a hearing and failed to tell me.
They are actually still trying to “I am sure” do illegal things. Recently they sent me paperwork on lender placed insurance and said it cost $8,000. a year. Never in all the insurance I have bought or lender placed has it been more than $2,500. a year. A weird thing happened with that last month. We had a sewer back up from a heavy rain and it ruined my wood floor. I called the insurance to see what they covered and they said I had to ask my lender. Why, they tacked the $8,000. onto my mortgage? Why would the lender know what was covered and not the insurance company?
I got my check today. It was for $1,000. I am still in the foreclosure process.
To explain further. I never filed for a review or sent any correspondence to anyone. My foreclosure has been on the books since 6/2010. In June 2012 their lawyer “Watson” filed for a summary judgement and I replied. Day of court they took it off the docket and I haven’t heard anything since then. It will be a year in June. Since then MERS is not my servicer anymore, SPS is and they threaten me with foreclosure all the time. I have to wonder what will happen if they do file for foreclosure whileI am still in a case with MERS.
On the email alerts it looked like you were a bank robo-posting!
What the banks are doing? They are betting that the majority of the 4.2 million home owners will Not file a lawsuit. Period!! And those that do file, who has the will, know how, and evidence to prove the ILLEGAL ACTIONS COMMITTED? They are betting not many! Even if a borrower goes at it alone they are at the mercy of a legal system that is slanted against them. I say, in order to beat them, those that do file charges/suit against them should go for as much as possible, be as audacious as they were when they file suit for forclosure against you, and ARM YOURYELF WITH KNOWLEDGE…EVERYTHING YOU NEED TO KNOW IS ONLINE. DON’T TRUST YOUR LAWYER TO FIGHT YOUR FIGHT. JUST A THOUGHT!! OH, I HAVE ALREADY FILED SUIT!!
P.S. KEEP READING SITES LIKE THIS ONE. THEY PROVIDE ALOT OF INFORMATION. THANKS 4CLOSUREFRAUD.COM FOR ALL YOU DO!!
Can you forward me a copy of your lawsuit…I will modify and amend and FILE!
First of all, EVERY HOME OWNER’S SITUATION IS DIFFERENT. YOUR CHARGES/SUIT MIGHT BE COMPLETELY DIFFERENT FROM MINE. Secondly, YOU SOUND LIKE A BANK EMPLOYEE, NEVER SEEN YOUR POST ON THIS SIGHT… OR OTHERS. Third, I AM NOT A LAWYER AND WAS NOT GIVING LEGAL ADVICE. HOWEVER, I SUGGEST YOU GET A LAWYER TO REVIEW YOUR CASE, IF YOU GOT A GOOD CASE HE SHOULD TAKE IT. WHAT LAWYER YOU KNOW DON’T WANT TO MAKE SOME MONEY?
One of the many things that boggles my mind is why would they take certain stances and be so stubborn as to challenge existing laws? Especially if you’re going to open yourself up to litigation. Is there really that much profit if running everyone over and worrying about lawsuits later? I mean seriously, how long does it take to ck and confirm if someone is a service member and exempt from foreclosure? 5 mins? How long does it take to draw up a legal Mortgage Assignment? 5 Mins? How long does it take a real someone to legally sign it from the bank? 2 secs? Why you would outsource these tasks is beyond me. It can’t be to control cost.
Your exactly right, Mark. Only the TBTF Banks and their partners in crime, the OCC, the FED and all the other government regulatory agencies could try and spin $20K spent on review for harm with $250-$500 paid out to homeowners as a good thing……… Basic math skills are not a prerequisite for employment with the government regulatory agencies while a masters in BS is highly recommended and sought after. I only wish Mother Warren could wash these guys mouths out with soap every time they open them up to speak…… There’d be so many bubbles floating around D.C. you’d swear that they brought back the Lawrence Welk Show. (for those of us that go back that far)
It’s obvious a majority of the ck’s will be for 250$. After all, if you’ve done no real investigation into individual cases there is no reason to give anyone (other then your friends and family) more then that amount. Did we see once the initial reviews averaged 21K in cost? I’m sure $21,250 would have appeased a lot of folks. Guess now is the time to file suit if our statute of limitations has not expired? Just endorse your 250 to your counsel.
Hey everybody, wake up and wait for the mailman. If the X-IFR checks started going out on Friday some people might actually get theirs today. But we all have to realize that there was a $25 billion settlement announced just last year with 49 of the 50 states and not one homeowner ever got a dime of that money. That was billion with a B.
I’m anxious to here from people as to the amount of their X-IFR checks and I wish we had a way of comparing the numbers with those on the matrix released on Monday of last week. Just call me crazy but I don’t think the numbers will match or the totals and the responsibility for that falls squarely into Promontory’s lap. NO checks and balances, crap in and crap out………
As usual the talking heads in D.C. are telling stories that don’t make any sense. Since all those people who generated a $2 billion tab for Promontory only managed to review approx. 127,000 consumer files over a period of 10 or 11 months how is it that the OCC can make a determination of harm involving almost 4 million consumer files in less than 5 months. The answer is, they can’t. So this means the entire program for the payouts has to based on where the dart hits the board.
The independent (snicker, snicker) reviewers were in the process of reporting a rate of illegal activities found in the files of just 2 years at somewhere close to 100% and the banks involved would have required another bail-out just to compenste those actually harmed. This is the reason that the IFR was shut down, the TBTF Banks told the OCC and the FED what to do and they did it.
Now we’ll see how much it will be covered up. The only way you get to 4 million and trillions of dollars of bailouts is if the fraud was systemic and the TBTFs were involved. Any system worth a pile of beans would have had bells going off at the first “bad loan”. It’s a dog and pony show to have us looking for intent and protecting the country supposedly from evil homeowners that shouldn’t benefit so we have the revolving doors of settlements and investor cases.
I believe so. Robosigning “errors” can’t be a catch all for any kind of fraud and broken chain of title or invalid mortgages.
That’s why people had a problem with the framework in the first place. It tried to set compensation for title problems even predatory lending I believe. Now they’re changing the emphasis to getting people relief and whether we actually lost our home or not besides the fact they got caught with their hand in the cookie jar.
There will be very little help coming from the OCC and even if the investigative files are released (which they should be) there were less than 127,000 files reviewed at the time the IFR was called off. On top of which, the reviews were broken up into alphabetical catagories so that no one person or group would be allowed to see all of the evils committed. Given this fact it is hard to believe that any of those 127,000 or so case reviews were ever completed beginning to end.
It will require the filing of FOIA requests to get the information now being buried within the offices of the OCC and the FED and by the time anyone gets anything the Sharpie Marker Company will have made a fortune supplying those offices with black markers for redaction of those reports.
No, people, nothing good will come of this and just like all the other consumer based investigations only those connected with the insiders will profit from all of this as evidenced by the $20k per file charges paid out so each of harmed can receive a $500 check for which Promontory has not yet been paid for distibuting and processing.
I’d personally prefer to shove these checks up the arse of everyone involved one by one and with over 4 million checks be distributed a lot of those people will have to step back in line for a second and third and fourth insertion. Don’t worry Obama, there are plenty of them to go around and you should be at least one of the first few in line. Crap in and Crap out……………….
Exactly. Why was there the need to reinvent the wheel if we have all these “investigations”? There was a post somewhere that there is going to be some variation but mostly tied to losing your home or not it looked like. Very narrow definition of foreclosed and ignoring the ongoing misrepresentation and bad faith dealing.
If we get a check from Rust we should endorse them “Under Protest!”
wondering if Warren’s point is for us to follow thru w atty generals what were their findings on our case and if it is to be found not an error but indeed fraud, we have evidence from the ag ‘investigation’??? God Bless Elizabeth Warren!! and thank her for all she does..
From all reports on the subject: Checks were suppose to start going out on Friday the 12 of April, 2013, yesterday, so I don’t know if anyone actual received a check in todays mail but I’d venture a guess that they will start showing up the first of the week.
has anyone received any funds yet sent from Rust?does the ck arrive in standard mail or ups/fedx?????
CYI I just finished faxing Senator Warrens D.C. Office 30 pages of documents, most of them copies of fraudulent assignment of deed of trust and mortgages that I made the OCC aware of in March of last year.
I don’t know if any of this stuff will get put to use in tomorrow mornings hearing with the OCC and the Fed but I’d sure like to watch them squirm if she threw down the 9 fraudulent assignments from BAC that I sent her.
I would like to see all those who get their checks this month post the category that they were paid from. I have this feeling that a lot of $500 dollar checks are going out even though every one of the Servicements Act violations should not have been in the review payments but rather should have been payed out of the Billions that the Banks have already agreed to pay for these violations and then Felony charges should have brought against the servicers-it is a felony to violate the Servicemen Act. Just another OCC scam to help out the Bankster boys.
How do I get off of this email list? Can someone please take me off…I can’t unsubscribe! Thanks!
Great quote from Warren that breaking the law isn’t considered “trade secrets”.
if you have no option to file bankruptcy 7 can you file a 13 then turn it into 7 later new laws 8 years coincidence after pushing buy a house we are just so naive all my husband keeps saying we signed the paper but they changed it but we signed stupid us we tried every avenue for all paperwork went into black whole and lost , resend on and on .. then you do no qualify for government hamp and on and on .. please if anyone knows this just tell me we have a lawyer not a bankruptcy lawyer .. never new I would need so many lawyers cant afford all of them or I might not be in this situation.
This link will answer most of your questions. People are hesitant to answer because they are afraid of giving legal advice. You never know who lurks on these sites just waiting to nail someone. This link was very helpful to me when I had questions. Hope this helps!
http://www.nolo.com/legal-encyclopedia/converting-your-bankruptcy-case-from-chapter-13-chapter-7.html
WHY HAVE WE BEEN FORSAKEN? TALK ABOUT A LOSS OF TRUST IN YOUR OWN GOVERNMENT AND BANKS, SO MANY PEOPLE TALKING ABOUT THIS AND IS ANYONE LISTENING? IT SEEMS NOT……
We’ve spoken to attorneys about filing Chapter 13 Bankruptcy to block the sheriff sale as well as filing a wrongful foreclosure lawsuit asap. Time on the sale date is the major concern, so yes, we are attempting every possibility. After years of bs we’re not about to give up fighting and wasn’t trying to put our situation in any light other then the obvious seriousness it is in.
@ Mark
File a motion in court to stay the sale of your house and use the Russ Consulting notice as evidence and see what happens. Worth a try!! I am not a lawyer and this is not legal advice but I have been fighting in Ohio for over two years. Don’t Stop Fighting!!
I called Rust and was given the Dept # handling Citi’s foreclosures. Our sheriff sale date is first wk of May. I was trying to see if a change in circumstances had any impact on the ck you were to receive or any help they could offer to block people heading for a pending sale. After repeating my concern 4 times, I was told there is going to be “NO REVIEW” of cases and there has been “NO REVIEW”. If you’re going to mail cks, I would think you would want to send someone who has already lost their house from a wrongful foreclosure a larger ck then someone who could be help by a last minute modification. Apparently that is not the case and I would not be surprised to see cks like 250$ being massed mailed. The kicker was this op got pretty snippy and wanted to stress “You should continue to work with your servicer”
, they are willing to assist” I couldn’t stop laughing for a few mins. Citi’s lawyers resigned long ago and Citi hides behind the comment we no longer reply to inquiries once the servicing change is a yr old.
You STILL have options…get your attorney to file a TRO temporary restraining order … and/or remove your case to federal…file a wrongful foreclosure lawsuit…or give up and start packing…the choice, as always, is yours. Whining or laughing isn’t much help.
Anyone have a foreclosure lawsuit where MERS is the defendant..? Read my article and tell me what you think.
Foreclosure: When MERS Lays Down and Plays Defendant
http://www.examiner.com/article/foreclosure-when-mers-lays-down-and-plays-defendant?cid=db_articles
Your right Mark, I forgot to mention the numerous insurance policies in place to hedge the Banks bets along the way. Most research reveals that the average $250K mortgage nets the Banks at least $1 million.
My post-card from Rust said I would receive a payment OR a request for more information in 4-8 weeks. Anyone want odds on which of the two will take place in 4-8 weeks, huh.. I’ll give 10 to 1 it won’t be a check…..
PASS IT AROUND!
http://www.nakedcapitalism.com/2013/04/launching-our-first-free-ebook-on-the-foreclosure-review-fiasco.html
Most certainly. What is everyone going to do with their ck for 250$ in 6-8 wks from Rust Consulting? Put it towards their mortgage in arrears? Some can only hope.
How else could those fine fine gentlemen like brian moynihan (boa) and jaime diamond (jpm)
bring home all the millions and millions in bonuses each year. Oh silly me, of course, from theft of our homes. And what would our fine government folks say about this comment…..she’s singing the have vs. have nots song because she doesn’t like rich people. As long as the 99% continue to believe this bs….it just goes on and on. It’s a song stuck on the same track.
This is exactly what is happening. Along with the possibility that the Mortgage companies insurance has paid off your balance ONCE. The govt has paid off your mortgage TWICE thru the TARP or or other programs banks have filed in for relief with and then they’ve attempted to sell/transfer it for X amounts to these Trusts or other servicers who are then pressing to foreclose with fraudulent docs. So, for some who are 85 and WANT to pay their Mortgage, who is really getting shafted?
Take this from someone who has been in this fight since October 2006. Bank of America doesn’t own any of the notes previously held by Countrywide, hell, they can’t even find most of them.
The reason behind most of the modifications granted that are later terminated is to allow BAC to fabricate ownership documents for loans that were securitized. Since most of the investors in the MBS direvative market have no idea what mortgage notes comprise their investments in the market they have no way of knowing that BAC and others are stealing those investments by creating new documemnts naming themselves as the real party in interest. Grant a modification, get the homeowners signatures on the dotted line, create false reasons to terminate mod and then foreclose.
The government then gives tax payer dollars as incentives to the banks for modifiying the loan and then the bank takes your home in foreclosure and again profits from its sale. End of story……..
We are coming to the final battle , we have attorney but at this stage with wells fargo asset-back pass thru certificates and more then likely robo judge we will have to pay for a house that is not only underwater and tell our daughter who is autistic we can no longer live here. My husband was layed off, injured in auto accident and we will not be able to file bankruptcy. We will owe all our lives even beyond death. When they issue sale how long do we have to pack
Doesn’t seem like your lawyer is telling you much. Need to check your state’s foreclosure laws, policies.
WF has had investors suing, settling on predatory lending etc so you would think you should have some options. Doesn’t sound right. Was there an audit done?
You should look up your RMBS account # on Google, if the same as “asset-back pass thru certificates” and see if it was involved in any cases.
Recently – http://www.nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html#comment-1154611
“Over the last two and a half years, Wells Fargo, like most of the major mortgage servicers, claimed that it had a “rigorous system” to insure that mortgage documents were accurate and complete. The reason this mattered was that there was significant evidence to the contrary. Foreclosure defense attorneys found repeatedly that, for securitized mortgages, the servicer or foreclosure mill attorney would present documents to the court that failed to show the borrower’s note (a promissory note) had been transferred properly to the trust. This mattered not only on a borrower level, but indicated that originators of the mortgage securitizations hadn’t bothered transferring the notes properly to the trusts that were to hold them. This raised the ugly specter of what was called “securitization fail,” that investors had been sold securities that they had been told were mortgage backed when they might in practice not be.
The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
Hers’s a post from 2012 – hasn’t had the effect it was thought it seems but may be able to use info from cases and opinions
http://dtc-systems.net/2012/01/investors-coming-out-of-the-shadows/
“Ultimately, the proof and the relief sought by homeowners will come from investors who demand answers to what happened to their money when they purchased mortgage backed securities and pooled their money to fund mortgages.
The result is a pincer action, to put it military terms, where the creditors and the debtors are making the same allegations against the intermediaries who stole from both sides, “borrowed” the loss to claim Federal bailout money, and left both sides holding the bag.
Lawyers for the investors are clearly smelling blood and are on the hunt. Unlike the foreclosure defense side where the arguments and theories are the same, these lawyers will represent institutional investors whose credibility in court will rival, if not exceed, the credibility normally allowed to anyone with the word “Bank” in their name. These lawyers are going to make a fortune, as will any foreclosure defense lawyer who realizes the true nature of what is going on.”
Also from 2012 http://www.foreclosuredefense-diy.com/wells-fargo-remic-makes-a-debut-on-the-today-show/
“The strange code associated with the callers mortgage on the Today Show was WFALT 2007 PA2. Woops! That’s a REMIC and a recent News Release names this trust. I’ll bet a lot more than 10% (estimate given to the Today Show by Wells Fargo) of the loans fit this category. How about 99% are in some sort of RMBS. Back to that 99% number. I guess if the shoe fits?!
The brighter the light shines, the more trouble we find!”
Jim – I think you misunderstood my word. I was asking if you were UNDER WATER…meaning that your house is worth less than what you owe. Property values decreased greatly after the real estate bubble burst and the financial catastrophe in 2007. If that is the case, you need a principal reduction otherwise you will be payinga lower mortgage payment (maybe) but you will be stuck with that home far beyond your lifetime and the likelihood that you will never be able to sell it if you should have to do so. Take it from experience, they will take your so-called trial payments and then come up with a oh, so sorry, you don’t qualify! You also need to know that BofA, as servicer, does not have the power to modify! Only the true owner of your mortgage has that power. Truly, find a reputable attorney that supports homeowner’s and seek advice.
i have 90k equity on our house.. yes, that was explained to us that boa does not have the power to modify on the workshop. okay, we will see ..hoping for the best.
Jim – are you curently underwater on your mortgage? If so, does your loan modification include a principal reduction? If not, then you are still paying on a mortgage (that is likely not even owned by BofA) that you will never be able to get out from under. Aside from the fact that BofA is doing loan mods that creates toxic titles as most generally the mortgage has been sold on the secondary market and is now owned by the Trustee for the bond holders. Only owners of mortgages can grant modifications. I would check with an attorney that represents BORROWERS before you sign on the dotted line. You may likely be setting yourself up for one heck of a big bang down the road!
yes i am late on 6 month payments. Underwriter called me and said boa is my bank sevicer and the investor (fannie mae or whoever) has guidelines if i will qualify for modification. And I qualified and will lower down my interest, basically i passed the phase 1 which is approval. I was told to expect a FEDEX package from BOA and will list my options and then go to a trial payment plan for 3 months. I will then chose my options or decline it. BOA Home specialist did say my monthly payment will go down because my case is simple. BUT we will see when my packet will come and I can explain further. Thank you for the info.
Hammertime – I read your petition. You are asking the national banks be under the control of the US Gov’t with express authority of the President? You also are asking that the Fed Reserve be dissolved; then turn around and ask that it become an agency of the gov’t? If you ask it to be dissolved how can it become an agency? To nationalize all the banks under the control of the President is simply inviting communism to the front door. This may be why so few have signed your petition. Just sayin….
Actually it’s from CREDO a pretty mainstream progressive group. Last I checked the President is the leader of OUR democracy. Seemed to work for GM. Don’t see anything wrong with dissolving an agency, removing the self interested big banks and having real policy makers and even real capitalists/entrepreneurs put in place. Hopefully it’s just starting to make the rounds. Unless it’s as an article I read said Americans are suffering from the “Freed from Facts” and they’re stuck in the fifties.
Petition to break up the banks
http://e.groupspaces.com/click/33m40-3ii80-fw5l4jhbl?u=http%3A%2F%2Forg.credoaction.com%2Fpetitions%2Fstop-income-inequality-by-breaking-up-too-big-to-fail-banks
Please anyone facing foreclosure check with your bank if there is a Homeowner Event scheduled in your area. I just went a couple days ago at a bank of america homeowner event and they will help you avoid foreclosure and they will explain options for you. THEY are there to help. JUST MAKE SURE YOU HAVE ALL YOUR DOCUMENTS, I was there for 3-4 hours and met with bank of america home specialist and HUD and other gov’t agency plus the underwriter was there too! AT 5pm i got a call that my load mod got approved. PLEASE go!
Where is that laughing mouse when you need him????
Friendly advice….take Bobbi Swann’s advice before signing that is if you really ever get to that point.
@kb – I’m in CA. I’ve used the settlement verbiage from the documents on the web site and the Homeowner Bill of Rights (new 01/13 CA law) seems to have helped me at least to postpone sales. I’ve also contacted local officials and copy them on complaints to Comptroller etc.
Generally, not legal advice, it seems the banks are able to “repair” their documentation issues so the key is to establish title problems and where the money from investors other 3rd parties went with proper documentation, recording as well as predatory lending etc.
I’ve received a notice from independent audit that payment is on it’s way. They were sent out about 2-3 weeks ago. Takes 4 to 8 weeks.
If you want to leave a temporary email I can get in touch.
Thanks for your reply Hammertime. I contacted Rust Consulting today, and we may only qualify for the settlement $ by going directly through our servicer (as we weren’t in foreclosure between 2009-2010). So, fat chance on that one! Hah. Our situation is somewhat convoluted. To email… f i n s l i c e [at] yahoo (no spaces).
I know what you mean. They’ve tried to put us all in the same cookie cutter and we’ve gone along pretty much. Lots of confusion on settlements that we now have to track for fraud etc. Got some interesting info today and will be in touch.
Has anyone successfully had their case thrown out in which Linda Green signed a release of mortgage as VP of Wells Fargo Bank? Is there a statute of limitations in Florida that would deem this document ‘useless’ in the eyes of the court? (or is it already considered ‘no big deal’?). I found the signatures of Linda Green/Jessica Leete on a separate mortgage release for a property in another state, dated the exact same day and notarized by the same person, but with radically different Linda/Jessica signatures. Hoping that’s proof enough of forgery. Would the judge even care?
Also…. has anyone pursued settlement monies from their servicers in the wake of the Independent Foreclosure Review settlement? Federal Reserve/OCC announcement here: http://www.occ.treas.gov/news-issuances/news-releases/2013/nr-ia-2013-3.html
I am trying to avoid foreclosure (though we are 7 months delinquent) and grasping at straws. Have sent along a few QWRs over the years. Hoping to avoid lengthy litigation and losing my home.
The other state issue is a non-issue, unless the NOTARY stamp is from another state. They can notarize documents for different locations on the same day, but they probably could not be two places at once. Look at the County and State in which the documents were executed, not at where they were ultimately recorded.
There have been some dismissals based on Linda Green assignments of mortgage. There was also a spate of CORRECTIVE assignments of mortgage that alleged Linda Green did not have authority in the original AOM’s to sign for entities like MERS.
Without seeing the AOM’s in question I cannot offer more help.
Document everything, keep all the envelopes too. Have you been served with a foreclosure complaint or are you just in the limbo between default, attempted modification and foreclosure?
I am sometimes on ‘foreclosurehamlet’ or ‘foreclosurewarriors’. The locals there know how to contact me.
Thanks for your reply, JamesM – JamesX. This is not an assignment of mortgage I’m talking about, but a release of mortgage that was signed (forged?) when we refinanced. Refi took place two years after original purchase, and Linda signed the release of the original on behalf of WF. The notary stamp/signature on the out-of-state doc matches the one on our release. Regardless, today I contacted their county records office and I’m requesting a certified copy. I hope to prove beyond a reasonable doubt that the release of the original mortgage was forged. Whether this matters at all, I do not know.
We’re in that ‘limbo’ stage. We have not received a foreclosure complaint or any kind of court summons, only the occasional manilla (and once, photocopied) slips on the door asking us to please call the Boa Constrictor, courtesy of SafeGuard. They sent three mod packages then stopped. I’d been reading up on other people’s trials and tribulations for a few years prior to the point when we decided to stop paying, so I ignored them figuring a mod wouldn’t even be worth a try. I do plan on retaining an atty when it comes time.
I am so glad you suggested I keep the envelopes — I have a habit of doing that! If you’d like to get in touch (and by all means I would love any advice you have to offer) you can email me at f i n s l i c e [at] yahoo … Thanks very much again for your answer!
Regulators Let Big Banks Look Safer Than They Are
============================================================================
By SHEILA BAIR
The recent Senate report on the J.P. Morgan Chase JPM +0.78% “London Whale” trading debacle revealed emails, telephone conversations and other evidence of how Chase managers manipulated their internal risk models to boost the bank’s regulatory capital ratios. Risk models are common and certainly not illegal. Nevertheless, their use in bolstering a bank’s capital ratios can give the public a false sense of security about the stability of the nation’s largest financial institutions.
Capital ratios (also called capital adequacy ratios) reflect the percentage of a bank’s assets that are funded with equity and are a key barometer of the institution’s financial strength—they measure the bank’s ability to absorb losses and still remain solvent. This should be a simple measure, but it isn’t. That’s because regulators allow banks to use a process called “risk weighting,” which allows them to raise their capital ratios by characterizing the assets they hold as “low risk.”
For instance, as part of the Federal Reserve’s recent stress test, the Bank of America BAC -0.25% reported to the Federal Reserve that its capital ratio is 11.4%. But that was a measure of the bank’s common equity as a percentage of the assets it holds as weighted by their risk—which is much less than the value of these assets according to accounting rules. Take out the risk-weighting adjustment, and its capital ratio falls to 7.8%.
On average, the three big universal banking companies (J.P. Morgan Chase, Bank of America and Citigroup C -1.02% ) risk-weight their assets at only 55% of their total assets. For every trillion dollars in accounting assets, these megabanks calculate their capital ratio as if the assets represented only $550 billion of risk.
As we learned during the 2008 financial crisis, financial models can be unreliable. Their assumptions about the risk of steep declines in housing prices were fatally flawed, causing catastrophic drops in the value of mortgage-backed securities. And now the London Whale episode has shown how capital regulations create incentives for even legitimate models to be manipulated.
According to the evidence compiled by the Senate Permanent Subcommittee on Investigations, the Chase staff was able to magically cut the risks of the Whale’s trades in half. Of course, they also camouflaged the true dangers in those trades.
The ease with which models can be manipulated results in wildly divergent risk-weightings among banks with similar portfolios. Ironically, the government permits a bank to use its own internal models to help determine the riskiness of assets, such as securities and derivatives, which are held for trading—but not to determine the riskiness of good old-fashioned loans. The risk weights of loans are determined by regulation and generally subject to tougher capital treatment. As a result, financial institutions with large trading books can have less capital and still report higher capital ratios than traditional banks whose portfolios consist primarily of loans.
Compare, for instance, the risk-based ratios of Morgan Stanley, MS -1.46% an investment bank that has struggled since the crisis, and U.S. Bancorp, USB +0.18% a traditional commercial lender that has been one of the industry’s best performers. According to the Fed’s latest stress test, Morgan Stanley reported a risk-based capital ratio of nearly 14%; take out the risk weighting and its ratio drops to 7%. USB has a risk-based ratio of about 9%, virtually the same as its ratio on a non-risk weighted basis.
In the U.S. and most other countries, banks can also load up on their own country’s government-backed debt and treat it as having zero risk. Many banks in distressed European nations have aggressively purchased their country’s government debt to enhance their risk-based capital ratios.
In addition, if a bank buys the debt of another bank, it only needs to include 20% of the accounting value of those holdings for determining its capital requirements—but it must include 100% of the value of bonds of a commercial issuer. The rules governing capital ratios treat Citibank’s debt as having one-fifth the risk of IBM IBM -0.43% ‘s. In a financial system that is already far too interconnected, it defies reason that regulators give banks such strong capital incentives to invest in each other.
Regulators need to use a simple, effective ratio as the main determinant of a bank’s capital strength and go back to the drawing board on risk-weighting assets. It does make sense to look at the riskiness of banks’ assets in determining the adequacy of its capital. But the current rules are upside down, providing more generous treatment of derivatives trading than fully collateralized small-business lending.
The main argument megabanks advance against a tough capital ratio is that it would force them to raise more capital and hurt the economic recovery. But the megabanks aren’t doing much new lending. Since the crisis, they have piled up excess reserves and expanded their securities and derivatives positions—where they get a capital break—while loans, which are subject to tougher capital rules, have remained nearly flat.
Though all banks have struggled to lend in the current environment, midsize banks, with their higher capital levels, have the strongest loan growth, and community banks do the lion’s share of small-business lending. A strong capital ratio will reduce megabanks’ incentives to trade instead of making loans. Over the long term, it will make these banks a more stable source of credit for the real economy and give them greater capacity to absorb unexpected losses. Bet on it, there will be future London Whale surprises, and the next one might not be so easy to harpoon.
Ms. Bair, the chairman of the Federal Deposit Insurance Corporation from 2006 to 2011, is the author of “Bull by the Horns: Fighting to Save Main Street From Wall Street and Wall Street From Itself” (Free Press, 2012).
Does anyone know how to get proof that the bank, trust, REMIC and or servicer has been paid AIG Credit Default Swap funds? If we could find a way to prove they received these funds, (which we all know they did, the TARP bail-out included $183 billion dollars to AIG to cover these credit default swaps), we could prove unjust enrichment and get the foreclosure dismissed, most likely with prejudice.
they were mortgage bundles and we saw this way back when they destroyed the records so much for that plan we tried to relocate this information and it was gone
so our lawyer is aware of this , he said he would be there for this and we did not need to be. So this is done deal , we paid two attorneys and the banks were paid way back when and our disabled daughter suffers the consequences of us losing our home that we moved so we could make her feel more secure.. nice world thanks
Yes km…that is what the courts are doing, you will not get the justice you have been told since we were children…It’s all a big fat lie, know that before going in front of any judge…the bans lawyers lie so you should too!!it’s a travisty and there is no end in sight!
Question.. Judge has ordered case management hearing we do have attorney and case is on docket , they cancelled last hearing the servicer why is Judge doing this is he trying to escalate the process to remove it from docket or is this to speed up eviction ?
Does anybody know if Jacob Lee Lucas, claiming to be Assistant Vice President of Bank of America, N.A. is a robo-signer?!
http://www.youtube.com/watch?v=0XkBfiuQrLo&hd=0
=============================================================================Bank of America’s Taxpayer Robbery
anybody have suggestions on mediation on a few slum propertys I am just a title researcher who can not believe my eyes.this is my first battle there are many more ahead.
I am in the middle of two abandoned forclosures I never signed the mortgage on however I hold the deeds I have tried the motion to dismiss for lack of promisory note and in Fl. they dismissed my motion. I asked the judge for mediation, it is now coming up in a few weeks.I doubt anything will be settled at mediation. forclosure mill Gladstone law in bocaraton Fl.will be sending a bank rep. from ist. bank N.A. or bank of america this is a mers transfer however its not on the complaint
any ideas? This is slum property
New York Fed Protects Bank of America From Big, Bad AIG
=============================================================================http://www.fool.com/investing/general/2013/02/19/new-york-fed-protects-bank-of-america-from-big-bad.aspx
http://www.fool.com/investing/general/2013/02/19/new-york-fed-protects-bank-of-america-from-big-bad.aspx
Foreclosure: When MERS Lays Down and Plays Defendant
Oh what a tangled web we weave, when we practice to deceive. MERS has many faces but it’s most deceitful one is when it pretends to be a defendant.
http://www.examiner.com/article/foreclosure-when-mers-lays-down-and-plays-defendant?cid=db_articles
Credit Suisse Put ‘Garbage’ Mortgages in Bonds, MBIA Says
=============================================================================http://www.bloomberg.com/news/2013-02-01/credit-suisse-put-garbage-mortgages-in-bonds-mbia-says.html
http://www.bloomberg.com/news/2013-02-01/credit-suisse-put-garbage-mortgages-in-bonds-mbia-says.html
Submitted by The South on Sat, 07/14/2012 – 00:42
http://www.dailypaul.com/244590/want-to-stick-it-to-the-bankers-did-you-know-the-day-you-signed-the-note-your-house-was-paid-in-full
If these crook Bankers were doing what they are supposed to be doing with the public debt, there wouldn’t be a need for anyone to file for Bankruptcy.
All Homes and Utilities and anything else considered ‘public debt’ is already pre-paid in advance.
Are you ready to blow your top?
Remember HJR-192 aka Public Law 10 chapter 48, 48 Stat 112?
That’s right folks. When they took our Gold, they took away our ability to actually ‘pay off’ anything. So, they had to give us a remedy, and that remedy is Public Law 10.
Remember now, ***we are still in Bankruptcy (1933).
All public debts are pre-paid in advance. That means all utilities and homes as well. When you sign the note on your home at the Bank, you need to walk out with the Deed, because your signature just paid off that house.
But the crooks don’t tell you that. No, instead, they endorse the back of your promissory note and deposit it in a secret account in your name. Then 72 hrs. later, they call the Treasury Dept, and say “Hey, someone has abandoned this account, can we have it?”, and the Treasury says “Sure, it’s all yours!”.
Then the crook bankers pillage that account for about 10 times more than the actual money that was created with your signature (remember, fractional reserve banking?), and then have the ballz to Con You Into Making $1,200.00 Payments AGAIN on that house for the next 30 years. that you just paid off 3 days ago when you signed the Note.
How’s that for screwing you three ways to Sunday?
No Joke People: You paid off the home the day you signed the Note at the Bank. It should have been over, done, no more payments, free and clear. You walk out with the keys and the deed, and the Banker is supposed to take that promissory Note to the Treasury window and Discharge the debt.
Remember, it’s not HJR-192 you use in your argument, it’s “Public Law 10: Chapter 48, 48 Stat 112 ….. That’s the Key!
Remember also: The Bank did not loan you jack $hit. They had no money to loan you, until YOU signed the Note. Your signature created the money, it’s all a con; all of it, from day one.
Listen to Rod Class explain how your signature is what creates the money in Episode 598, May 25, 2012 in the Archived shows as you scroll down the page:
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=4…
Listen to his other shows; he’s driving home the Bankruptcy and how it’s effecting all of us. At some point in almost every show, he gets into the 1933 Bankruptcy.
And to add injury to insult, if you miss one of those ‘other payments’ that you are paying monthly (even though you already paid off the home), the greedy boogers will show up with the Sheriff and steal your home and repeat the process again.
Yes, I said they come and STEAL your home, because you already paid the home off with your signature; they are just double dipping on you.
The whole system is setup for confiscation. They are THIEVES and CRIMINALS, the whole lot of them!
Read it yourself: http://www.myprivateaudio.com/WHERE_DOES_THE_FRAUD_BEGIN.pdf
Source of above link: http://www.myprivateaudio.com/Bank-Fraud.html
NOTE: It’s not HJR-192 you want to argue, it’s: Public Law 10: Chapter 48, 48 Stat 112 . That is Law.
People are walking out of the bank without the deed. They are signing the deed over to the bank instead of putting it in their pocket when they leave. Did you think they were going to TELL YOU that you just paid off the home? And that THE BANK WAS STEALING YOUR HOME FROM YOU?
In Liberty and Beyond!
Note: READERS! ****PLEASE UNDERSTAND THAT ‘WE’ IS NOT YOU AND ME! THE REPUBLIC – our true government – IS NOT IN BANKRUPTCY! THE CABAL PRIVATE CORPORATION MAFIA, AKA THE UNITED STATES OF AMERICA CORPORATION, PRETENDING TO BE THE ‘GOVERNMENT’ OF THIS NATION SINCE 1933 IS IN BANKRUPTCY VIA THEIR GREED AND TRAITOROUS ACTIONS AGAINST THE PEOPLE OF THE united States of America and the Republic. IT IS THE CORPORATION POSING AS OUR GOVERNMENT THAT IS IN BANKRUPTCY. THIS PRIVATE CORPORATION’S DEBTS ARE NOT YOURS NOR MY RESPONSIBILITY. Apparently the author of this article is not aware of this fact.