WHY ARE MOST FEDERAL AND STATE REGULATORY AGENCIES SITTING ON THEIR HANDS?

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

EDITOR’S NOTE: FOR THREE YEARS WE HAVE BEEN TRACKING THOUSANDS OF COMPLAINTS SENT TO THE FEDERAL RESERVE, OFFICE OF THE CONTROLLER OF THE CURRENCY, OFFICE OF THRIFT SUPERVISION, FDIC, AND STATE BANKING AND BUSINESS REGULATORS RELATING TO SPECIFIC MATTERS THAT ARE IN THEIR CHARTER FOR WHICH THEY ARE EMPOWERED AND FUNDED TO INVESTIGATE AND CAUSE DISCIPLINE TO OCCUR WITH RESPECT TO ANY INSTITUTION WITHIN ITS SCOPE OF AUTHORITY THAT COMMITS VIOLATIONS. THE RESULT? NOT ONE LETTER OR ACTION OTHER THAN AN ACKNOWLEDGMENT OF RECEIPT.

This is why I am leading the charge to pepper the licensing agencies with legitimate complaints of abuses and violations that led to problems for borrowers, homeowners and even lenders. These agencies were created with one prime directive: protect the public. Instead, many of them send letters like the experience reported below. But many agencies are starting to respond. There are notaries whose licensees have been revoked, mortgage brokers whose licenses have been revoked and so on. What should happen is that bank charters should be revoked and lenders masquerading as banks should be prosecuted just like people who practice law without a license.

I also think that the mega and regional banks who were the puppeteers behind this mortgage mess should be subjected to an order to cease and desist from (a) doing any business within a state where they pretender the be lender but were in fact acting as unlicensed mortgage brokers or unlicensed securities brokers (b) AND TO CEASE AND DESIST, in accordance with existing state law, from either prosecuting or defending any action for failure to register properly as a foreign corporation doing business in the state.

Use your Qualified Written request and Your Debt Validation Letter as templates to create eh complaint letter. In most cases, the agency has a form that you can fill out and then attach the letter. My suggestion is that in each case you send a copy of your complaint to the appropriate agencies. They are not hard to find and many of them are listed on this blog under “People, places” etc.

And just a heads up — I have received UNCONFIRMED reports, that scam artists are picking up revoked or expired licenses and even bank charters and taking “deposits” or fees from people who are either in trouble or just gullible thinking they are dealing with a new bank. I’m reporting before confirmation because it makes sense in this environment and if anyone is about to do a deal with a bank or or other company, make sure they are actually a licensed operation and that their address is in the official records of the state.

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

“I sent in a complaint, with exactly what has occurred, in that the entire notary Journal has multiple, over 10 alterations in it ( I subpoened to inspect it) Yet, what happens?

The basically say that they will not do Jack Sh*t. Because if its criminal, its not there “area” . well if it was not criminal, what would someone possibly complain about?

Dear Mar Nali:
Thank you for your inquiry.

Your inquiry has been forwarded to the Notary Public Section for a response. In the future you may wish to contact us directly at Notaries@sos.ca.gov.

For information regarding reporting possible violations of the duties of a notary public, please refer to our website at http://www.sos.ca.gov/business/notary/file-a-complaint.htm. Please complete a complaint form and provide copies of any documentation regarding the violations and mail everything to our office for review by our Investigations Unit.

If you believe that fraud or other criminal acts such as forgery, elderly abuse, embezzlement, filing false documents of record, etc. have been committed, these matters should be referred to the local authorities or the District Attorney’s office in the county where the fraudulent acts allegedly occurred. Complaints of a criminal or civil nature do not fall under the purview of the Secretary of State’s office.

Sincerely,

Notary Public Section

California Secretary of State”

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26 Responses

  1. Ian,

    You can find a 1099C — years later. And, because the mortgage loan contract is dead once the bank charges off the note and receivables-the receivables are no longer an asset — they have been written-off. There is no mortgage contract existing anymore – it is extinguished. And, likely the mortgage loan was securitized as a default debt (non-compliant loan) to begin with — that is, a debt — not a mortgage loan.

    Secured means a valid mortgage loan contract — and, certainly does not exist after bank writes off the receivables as “non-collectible”. Invalid mortgage loan contract and invalid foreclosure by non-disclosed charge-off of receivables on non-valid mortgage loan to begin with.

    Currently, the IRS does not care whether or not real party is submitting 1099C — that will change as investigations continue.

  2. ANONYMOUS- why is a charged off/defaulted mortgage loan not a mortgage anymore?Or, more to the point, why is it now an unsecured debt, apart from the fact that the obligation, the mortgage and the note were held by three different entities, at least theoretically. Because by REMIC IRS law it has to be removed from the trust? And if the “mortgage” was reduced by 55k, then I should be receiving a 1099-C before tax time? And what if I don’t receive one? (I am sure I won’t) Should I pepper the IRS with questions regarding my “mortgage” writedown? Maybe they can find out who the creditor is, I certainly can’t.

  3. usedkarguy

    AGs give many excuses —fortunate this one called you back.

    Ian — a default loan charged off loan — is no loan a “mortgage” — the original contract has been extinguished. All that is left is a default unsecured debt. A meaningful modification that includes principal “correction” must be accompanied by a 1099-C for “debt cancellation/forgiveness.” Meaning some would be subject to taxes (most would avoid this if liabilities exceed assets).

    This is primary reason (along with bankruptcy discharge) that principal “corrections” have just not been given. And, why servicers will string along borrowers with dual-tracking of modification and foreclosure — with no intention of actual meaningful modification.

  4. Usedkarguy (or anyone)- while I know that a defaulted,charged-off loan cannot be modified, I don’t know why, legally, that it can’t be. Can you please explain,at length if necessary, why this is so? Thanks!

  5. I had the pleasure of chatting via e-mail with my District Attorney. His hands are “tied” as there are no RESOURCES for his agency to investigate. “File a complaint with the sheriff” was the suggestion. After a few “back and forths” with the clerk, they send out a patrolman to take my wire fraud complaint. “I think this is a couple levels above your pay grade”, I told him. He agreed.
    After having the judge dismiss my motion, and letting the plaintiff’s counsel commit perjury (“Yes, your honor, those signatures are from ‘one and the same’ person”) I proceeded to send in my modification agreement. Yes, I know, they can’t “modify” a defaulted, charged-off loan. But I will play along for now.

    The next day I got an interesting call from my State AG. “Are you available Wednesday for a phone conference, say, 10:00 a.m.?”
    “Absolutely!”

    We’ll where this goes. I do believe the end is near for these criminals.

    There was a story today about the SEC sending subpoenas to the biggest originators and servicers, as their paperwork problems are coming to the forefront.

    As for Eddie Haskell (Tim Geithner), his ass will be in the frying pan soon enough. The American people will not stand for any more of this.

    KEEP THE FAITH, MY FRIENDS.

  6. Band TOGETHER — Need to join together.

  7. These alphabet agencies are covering them up, because the Federal Reserve/Treasury printed $24 Trillion, and ‘bought’ all the null MBS circa Nov. ’08.

    Now these counterfeiting new ‘owners’ wish to enforce these void MBS against us, regardless of the laws in place, for the greater good of world banking…

    … and thereby world control.

    They have obviously ordered these agencies to stand down.

    It’s not because they don’t know… they sure do! They’ve read and copied this site for three years.

    Neil. They sold their souls. They don’t care what the people think. Probably put us on Concentration Camps watch lists for complaining.

    The loss of America is not a pretty thing, but we are there.

    It’s either theirs or ours at this point. They are calling our ‘Bill of Rights’ bluff.

  8. Mr. Soliman,
    It’s said your Brilliant. I can see that is true.
    But us lower IQ people need your help.
    Don’t make us guess! Is is Quiet Title, like Neil has stated prior? That’s my vote, but then…

    BK? I have NO debt. I refuse to aknowledge that fraudulent debt, and I have no credit card debt.

    I have lost all hope, (and it did not just happen, I lost it before the ruling)
    That’s all I am fighting for, not this box of wood with a pretty lawn.
    Until people are willing to see the truth they will bargain away their lives with mods and 40 year slave contracts, and be ignorant, even most of the lawyers.

    When the food is scarce, and Walmart shelves are empty. (its not that the land can’t feed us, its the labor- the people producing that food that will stop)
    maybe then will it change.

    The second the FDIC is named as a defendent, my case gets slammed into federal. Quiet Title is a State right, but the judge just dismissed it against the ones I wanted it on.

    All I can tell them now, ( and they ALL read Neil’s blog!) Is the fat lady has not yet sang.

    ―”One of the dangers of winning on demurrer is that you are stuck, on appeal, with your opponent‘s version of the facts, and those facts can be highly critical of you indeed.”(Kruss v. Booth (2010) 185 Cal.App.4th 699, 728, fn. 36.) This is so because ―[w]hen reviewing a judgment dismissing a complaint after a successful demurrer, we assume the complaint‘s properly pleaded or implied factual allegations are true, and we give the complaint a reasonable interpretation, reading it in context.‖ (Campbell v. Regents of University of California (2005) 35 Cal.4th 311, 320.) The question of the plaintiff‘s ability to prove the allegations or the possible difficulty in making such proof does not concern the reviewing court. (Frances T. v. Village Green Owners Assn. (1986) 42 Cal.3d 490, 496, fn. 2.) ―The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable.‖ (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374;

    Ps. I am not a lawer- I am just an ignorant housewife.

  9. FDIC Jurisdiction (Over mortgages- Think)
    By M.Soliman

    Claims must consider Appointed Conservator,
    Failed lender is a “receiver” , “Hold Co” named as receivership, Repudatory Powers of the Agency
    Liquidation of failed bank assets (Think)-Controversy surrounds “Depositors”, Repeal of Safe Harbor;Dash to release Federalized Banking system

    Do you realize there are no Dec. Relief or injunctive remedies pleaded if controversy that involves an agency receivership.

    Attorneys – Why are you not considering the facts ?

    The conservators repudiatpry powers overcome all state and federal juridicitions. All ….except…..(you figure it out)

    This is not about foreclosure people! LET THE IGNORANT EXIT THE COURT AS THEY ENTERED IT…IGNORANT.

    They are laughing at us.! The one and only defense is not making it to court.

    M. Soliman
    expert.witness@live.com

    Informational purposes only and not intended as legal advise. Consult your state bar for the name of a licensed pratitioner in your area.

  10. Bill Clinton. 1:39 am December 18, 2010

    Bill Clinton wrote: It ain’t rocket science. The regulators are worthless and only exist to serve the financial mafia. They have never stopped a blow-up or made it anything but worse after the fact. However, its thieves have made out like the bandits that they are.

    M.Soliman wrote: 11:32 December 18, 2010

    What! How convenient!! Bubba, recall in 1999 the Repeal of Glass Steagall Act, Bill’s Bill. … The FDIC also loses its authority to regulate reporting to the Department of Treasury under your own incompetent financial wizard Rubin.

    And then your own Secretary of the same Dept. of Treasury goes to CitiFinancial and cannot explain a $65 billion mistake. Reforms, you called these reforms…what banking reforms… Now we blame regulators?

    …I cannot take anymore. LOL

    Expert.witness@live.com
    .

  11. I have two other defendants, SUNTRUST and First American Title, {FATIC) , and FATIC has answered that “my damages are the result of third party criminal acts.” Now, that the third party KHAM is dismissed, do they get off?
    (I am sure they will claim it was KHAMS fault-and I demurred to the answer, but…)
    There have been indictments in this case, and I provided the copies.
    I provided the name of the FBI agent who investigated the double-ghost loan scenario.
    I provided a declaration from a handwriting expert attesting my name is forged.
    I have provided the MERS numbers from MERS print-outs that are the actual numbers that were on the documents I signed on 7-16-07 and I alleged were destroyed. (they were switched to two other MERS numbers, and my name forged on a fraudulent set of documents with a variation of my husband’s name.)
    But I am not allowed to try this- DISMISSED WITH PREJUDICE because the judge asked me if I “paid the bills? She asked me if I signed any “Loan docs” No, I did not. and I opposed RJN of the DOTS, based on not authentic and disputed facts within.
    ( I never saw the bills, so that means it was my HUSBANDS MONEY?)
    I thought it was mine too? I was induced. I am harmed.
    KHAM provided the NOTE!. The judge said she “was not concerned” that it was dated five days before the alleged signature of mine on the DOT, or that it’s also dated a day BEFORE we even had the Grant deed Conveyed to us.
    It’s dated one day before the first day of our ownership of this property.
    Just like the first page of the fraudulent DOT.
    This was just the first part of the fraud.
    The second part of my SAC is a year later the 2nd KHAM was going to be paid off, via a $75,000 payment from Suntrust.
    So what happened?
    KHAM sends a letter agreeing to the payoff.
    SUNTRUST has me sign a DOT agreeing to let my husband (not me) borrow the $75,000 to pay off KHAM.
    In reliance of this letter and the documents presented, I signed a DOT only and it was notarized on January 15th by a Sima Kelly.
    Suntrust send a final settlement showing they paid KHAM.
    Then they send a letter saying they “forgot” to give me all the disclosures, and would I sign this letter saying it was all hunkey-dorey.
    NO way! Not going to happen. I smelled a rat. I sent a letter of recession, and figured it was BS, and we would have to borrow money and tender back.
    They tell me I cannot rescind. No reason. Okay.,. time goes on. Will deal with this later. Got 3 years right? I already rescinded, and have the reply.
    Then I discover the larger fraud in the origination of 2007. (the first part of the suit)
    and now guess what.
    KHAM refuses to cancel the DOT that SUNTRUST supposedly paid off.
    Suntrust refuses to cancel their DOT, even though KHAM won’t provide a satisfaction of the supposedly paid 2nd.
    Plot thickens.
    Mysteriously, the SUNRUST DOT shows a date 3 days after I signed, now it shows the 18th! and has another forged signature of mine, and the name of a notary I have never met! I was gone that date!
    I provided the court this allegation, and in a reply to the demurrer, I provided exhibits and both notary names, and said I can prove I was not able to sign the DOT on that date, and that both notary’s have provided me with line items in sealed envelopes to the court, and the one who I allege has forged my name will show no thumbprint, and…she knew my husband, whom I implicate as going along with this, hence our separation. (He claims innocence.)
    And this is dismissed?
    TWO DOT”S, with one paid off allegedly, and a refusal to release that lien? Or either company to answer to me about this slander? And its MY house!. The $75,000? I have no idea what has happened, as both KHAM and SUNTRUST refuse to tell me, and it was apparently wired to Ryland Mtg, in TEXAS, who are ?
    This does not “concern” the judge.
    Dismissed with prejudice. WTF?
    The only thing she seems to be concerned about is that I have not named my husband as a defendant. She said this. (I know she has a hard job, I feel sorry for her, but come on, Dismissed?)
    What law is there in California that I can try my husband for a Tort of lying to me? Is this a new Tort?
    What Civil Code tells me I can prosecute my husband for sleeping with that Notary? ( he denies it) Is this new?
    I have thousands of dollars for the first lawyer that tells me what he did,( lying and misleading me, and maybe being a scoundrel) is prosecutable as a tort by his wife!
    I also have a copy of the COMPLETE notary Journal, 120 pages – (and I have provided it to others) and I allege the fraud is massive! Its exactly what I said in my SAC. Multiple alterations and names repeated days after the first date, a massive double-ghost loan fraud, in which buyers were duped into refinancing the loans after they signed the first dot. And if they did not buy the “reason” of why they needed to re-sign, the names were forged I alleged in my SAC. Its actually worse, and First American Title is behind this I allege.
    Yes, I am crazy. They have driven me insane.
    But the Notary Journals tell the Story. The names tell the story.

    I am Martha Raysik, another victim of lies in court, and the 7th grand niece of Martha Carrier, hung for witchcraft in 1692.
    My name has been passed down from her, and 40 years ago my father told me
    This would happen. (He was committed then to the Oregon State Asylum).
    This is a mad world.

  12. Below, Indio007 wrote “there are plenty of remedies at law.” I don’t want to be nit-picky on a personal level, as perhaps that sentence is just coming “off wrong” but I disagree that there is actually any law.
    None that I can see that protects us slave-citizens at least, and this group includes many lawyers and attorneys who are finding the system failing them too.

    Every day I read opinions of lawyers shot down in the face of obvious lies. I wanted to hire a lawyer but I am broke, thanks to the fraud they did that destroyed my marriage. And frankly I have not read of any lawyers that are winning. So what’s the point? The Judge keeps telling me I need a lawyer, why? So I can lose harder?

    Don’t tell me that there are laws. It’s obvious the only laws are to protect them. The cause of action for FRAUD has virtually been eliminated against any corporation. They call this “law” the “Heightened Pleading Standard” (HPS)

    On 12-14 my SAC was dismissed with prejudice against KHAM. (K.Hovnanian American Mtg) I have no idea why actually. I think I surpassed that HPS.
    The Judge was not clear to me, and the minute order does not say. How can I propose a TAC?
    (that’s where my lawyer money goes=CAL.APP)

  13. indio007

    It is their obligation — why else are you paying them??

  14. Neil

    You are right on target. And, complaints are being tossed around from one agency to another — with NOTHING being done – and no letter or response when the agency “closes” the complaint.

    Will tell you this — complaints were put in years ago — giving more than adequate time to investigate the fraud — and STOP – what has been going on for years. But, again, nothing is done- nothing is investigated..

    Finally, someone is realizing what is going on in our agencies. Thank you, thank you.

    Anyway that I can help —please let me know.

    All have to remember — we, as tax-payers, pay these agency employees.

  15. “If you believe that fraud or other criminal acts such as forgery, elderly abuse, embezzlement, filing false documents of record, etc. have been committed, these matters should be referred to the local authorities or the District Attorney’s office in the county where the fraudulent acts allegedly occurred.”

    That’s the same letter response I get from other offices. Let me help you save any furthering trouble. The District Attorneys office will respond saying they can’t get the other party to respond and the state can’t afford to submit a search warrant on your behalf since you are only one complaint.

  16. Why are people waiting of public officials ? You don’t need them. Anyone can instigate and action in the name of the People ex relator John Doe for acts against the public Interest. Stop waiting for the nanny state to police itself. There are plenty of remedies at law.

  17. Thank you, Swarm. I do know Marcy is one of the “good guys” just didn’t trust the Housing Wire & I’m so very skeptical these days. Here’s a great article by Mandelman (love his sense of humor mixed in with the terrible truth – always perks me up when I’m down)

    http://mandelman.ml-implode.com/2010/12/breakthrough-why-americans-are-allowing-the-foreclosure-crisis-to-continue/

  18. The SEC is looking at whether loans were properly transferred to the trusts that issued the securities, the source said.

    http://www.moneynews.com/Headline/SEC-Subpoenas-Mortgage-Probe/2010/12/17/id/380277#ixzz18OxaMVYx

    This article is GREAT!!!
    MERS aids electronic mortgage program.
    Publication: Mortgage Banking
    Date: Wednesday, January 1 1997

    http://www.allbusiness.com/finance/608126-1.html

  19. leapfrog, I read the article link you provided. One of the authors of the bill is Marcy Kaptur, an ohio congress person and a leader of foreclosure rights.

    I’m guessing that by de-digitalizing (not allowing MERS for Freddie Mac and Fannie Mae) the mortgage process, mortgage fraud becomes harder to accomplish and this would reduce the rush to securitize mortgage loans as well.

    Anything that is digitized is easier to “send”, and the sending of documents as digital data seems to have fueled the foreclosure fraud of the past decade.

    Housing wire’s Paul Jackson tends to favor wall street more than main street in my opinion, but this particular article is just a report of a story that is out there.

  20. THX Swarm the Banks! I am checking that now! I have a great story… would love to tell it.

  21. Social Apocalypse, I posted a link on http://www.parallelforeclosure.com where you might be able to get a reporter to do a story.

    Shredding docs after 18 months seems….wrong.

  22. Typo alert. “Comptroller” of the currency.

  23. A careful reading of NG’s articles yields all sorts of new ideas for the future.

    The concept that jumps out of NG’s work today is the notion of a mortgage apocrypha.

    Everything about these securitized mortgages is not as it appears: in fact, it seems increasingly clear that that they are all defective.

    It is not even clear that the parties who conveyed the mortgages away (et seq.) had the ur-authority to do so. These ostensible conveyances are all montages – more suitable for David Copperfield than for serious financial transactions.

    When one considers that the entire Jewish rabbinical system cemented by the written Talmud grew out of the Roman destruction of the 2nd Temple and their priests: one has to wonder if that is not what we are about to have here in the USA.

    But today’s money-changers in the temples and their occupying priests are hanging on for the time being with the support of the US Government and universally suborned USA judges: but how long can we (the citizens) continue to provide “the vig” for these artful criminals.

    As it stands today, NG has shown us our new Mishna: but like the Misha before 200AD, it remains largely an oral tradition (e.g. livinglies.com).

    We need for NG to become our Judah HaNas: and to set in place the new black letter law – the tractates that will codify our new financial system.
    NG must now give us a new financial Talmud for a new America.

    I finish by saying that the origins of Hellenic Judeo thinking on proper financial conduct towards each other flow out of the 5th Century BC bazaars in Medina.

    It will shock the reader to learn that modern Islam offers us the purest contemporary black-letter law proscribing abusive financial practices.

  24. Hey everyone. Does this sound good, bad or indifferent? Or is it a covert way to run us all under the bus again? Inquiring minds want to know…

    http://www.housingwire.com/2010/12/16/bill-aims-to-end-gse-affiliation-with-mers

  25. There is a way to get $ for notary fraud. Please contact me at cbekker@bccp-llc.com if you’d like me to help you. I’m more than happy to help others as well.

  26. This is MY OWN personal case. My mortgage was originated in 2006 by the CRIMINALLY FRAUDULENT COMPANY out of California (and operating in several states) known by most on the RADIO as “Paramount Equity Mortgage”, who are always “Saving Their Neighbors Money.” As more and more lenders and servicers are passing the blame back to where it SHOULD be when they are being forced to BUY BACK mortgages, this will be very useful to them.

    This document was recently sent to me as a result of my complaint that I filed against PARAMOUNT EQUITY MORTGAGE for predatory lending. I filed the complaint with the Washington Department of Financial Institutions, and they officially agreed, I was hosed. Here is the response that they sent to Paramount Equity, and which they copied me on: Download DFI-Findings-Public

    While no action can be taken on Paramount because they are allowed to shred their documents after 18 months (HOW IS THAT for convenient??) I do have confirmation that even a cursory inspection by our state experts is forced to concur that I should sue them myself… (and of course I am).

    IF YOU HAVE A MORTGAGE originated by these guys, and want to do something about the crimes they committed against you, please contact me. There is help available to you.

    You can see the letter from DFI HERE:

    http://bit.ly/cTqKgR

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