Bank can foreclose despite lost mortgage note, judge rules

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

Superior Court Judge Mary F. Thurber

THUMBS DOWN

JUDGE THURBER HAS NOT CAUGHT UP WITH THE LAW.

When Judges do this, they are letting their emotions and personal ideology get in the way of the rule of law. She had no evidence in front of her — at least none that was competent. She would have no way of knowing if anyone was getting a windfall without hearing evidence. Instead she focused on the paperwork. — AND AS LONG AS YOUR OPPOSITION GETS THE JUDGE TO GO HEAD DOWN ON THE PAPERWORK WITHOUT LOOKING UP AT YOU TELLING HIM OR HER THAT THE FACTS ARE AT VARIANCE WITH THE PAPERWORK, YOU ARE GOING TO HAVE TROUBLE.

But let’s face it. With some people you can be clear as glass and smooth as silk and totally right on the facts and the law and lose anyway. Perhaps some good will come out of this case on appeal.

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

Bank can foreclose despite lost mortgage note, judge rules
Monday, February 7, 2011
BY KATHLEEN LYNN
The Record
STAFF WRITER

A Bergen County judge has ruled that a lender can foreclose on a mortgage even if the lender doesn’t have the mortgage note because a previous lender lost it.

Bogota homeowner Janett Alvarado challenged Bank of America’s right to foreclose on her home, arguing that it did not possess the note for the $292,000 mortgage.

Bank of America acknowledged that the note was lost by the original lender, now-defunct Washington Mutual. Washington Mutual transferred the loan obligation to LaSalle Bank, which was later merged with Bank of America.

“The pivotal issue is … whether any person other than the person who lost the note can enforce a lost note,” wrote Superior Court Judge Mary F. Thurber in her recent ruling. “This court is persuaded that Bank of America, as successor to LaSalle National Bank … has the right to enforce the obligation represented by the lost note.”

To decide otherwise, Thurber wrote, would result in a “windfall” to the homeowner. “That result would not be equitable,” she wrote, pointing out that Alvarado admitted she had not paid her mortgage since 2008. Thurber also noted that Washington Mutual had signed an affidavit of lost note in July 2006.

In a statement, Bank of America said it “is pleased with the court’s ruling to permit this matter to move toward resolution.”

Alvarado’s lawyer, Joshua Denbeaux of Westwood, said he plans to appeal the ruling.

“If they don’t possess the note, the bank doesn’t have standing to foreclose,” he said. “New Jersey law says the only person who can enforce it is the person who lost it.” That would be Washington Mutual, which no longer exists.

Foreclosures hit a record 65,000 in New Jersey last year, triple the number of 2006. As the tide of foreclosures has risen nationwide, lawyers defending distressed homeowners have fought back by challenging the legal paperwork. Several big lenders, including Bank of America, suspended their foreclosure activity last fall, acknowledging irregularities including “robo-signing” — when employees signed affidavits without verifying their accuracy.

Responding to the reports of robo-signing, New Jersey Chief Justice Stuart Rabner recently ordered lenders to show that their foreclosure procedures were in order, or face a state-imposed freeze of foreclosure activity. The lenders are due in court in Trenton on March 1 in that case.

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41 Responses

  1. why is this nj judge not in jail now?how stupid can she be?

  2. We should get a class action togetther and contact CNN, ACLU, Chicano Communit ,NAACP, CBS, local newspater etc. and several other organizations that may can help

  3. Why is it okay for banks to get (Blank Assignments/ No Original Notes, illegal foreclosures, fake documents etc) away with Mortgage Fraud and why do the State and Federal courts have corrupt Judges and Lawyers. There are corrupt federal judges in the US District Court Los Angeles.

    It is unclear why Hon. Philip S. Gutierrez violated my civil rights and issued ruling on a case with prejudice without hearing the case because several documents of evidence was submitted to the court.

    However, Gurierrez ignored the truth and it is unfair and it’s illegal and The United States District Court, Central District of California court system is taking advantage of citizens because Judges continue to avoid (Banks) allegations of Mortgage Fraud and their misconduct of the justice system continues to fail citizens and there is no purpose of citizens relaying on the courts to make the right decision and get a fair trial because of the injustice of the court system.

    Please see link

    http://dockets.justia.com/browse/noscat-2/

  4. INFORMATIONAL PURPOSES ONLY
    The materials available on this Web site have not been prepared by aLaw Firm and are intended for informational purposes only. The information provided on this Web site is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed on or through this Web site are the opinions of the individual author and may not reflect the opinions of The Law Firm or any individual attorney.

  5. I am facing the same foreclosure problems against fraudulent ANZ Bank in Fiji. In my case the Judge doesn’t even know what a mortgage or promissory note is. The bank lawyer has nothing to provide as proof unlike me. Ridiculous banks and the judicial system.

  6. this shamful act of ignorance by this so called “judge” shuld make n.j attorny general
    do everything he can to remove her from the court

  7. You know what would be funny. If the judge woke up one day and saw a bunch of forcloser signs on his neibors houses and watch the value of his home plummit.

  8. NO JUDGE IS ALLOWED TO CONCLUDE FACTS NOT IN EVIDENCE THAT DONT EXIST ALL IT MEANS IS THE THE BANK HAD NO STANDING AND THE N.J JUDGE IS IGNORATE AND OUT OF HER MIND. N.J DESERVE BETTER JUDGES THEN THAT THIS JUDGE SHULD BE SENT HOME&FAST

  9. This judge should be immediately removed from the bench, its not fair that the borrower receive a “windfall”??? Thats her reasoning?? Has she lived in a cave for the last 4 years?, banks have raped and pillaged the economy for billions in profit, since she “feels” the borrower should not profit from the banks negligence, the borrower loses, did she apply any measure of the law, in her decision?

  10. Better business B?

    Please, what does my testimony submitted in state and District Court have to do with the better business B.
    – 2009 I cited the same certain cause of civil misconduct the Vulkas trustee cited in the US Trustee’s 2,200 page report.
    – 2002 I spent a year working with Carl Icahn to capitalize a vulture fund to capture the fallout that continued to accrue for five more years.
    – 2006 I joined a Law firm for a two yr. tenure testifying in criminal matter’s related to today’s issues. There were no foreclosure web sites then.
    – 2008 I worked at length with a certain Attorney General’s Office and learned much of what I suspected was just the tip of the iceberg.
    – 2010 I invested over 10 hours with the Washington Bureau of the FDIC’s “member bank” compliance division. It was this time last year I challenged the top staff and could see they were also unaware of what the press is reporting.
    – 2010 Testified in deposition for a case before the CA Appellate Court. Graupner Vs. Select portfolio Services. The case was decided in favor of REMAND.

    I never gave in and never took your counsels bribes , I never compromised anything for a client or ethics sake. What your doing is not ethical.

    I don’t win cases – Attorneys are the ones who will WIN. I don’t practice law and sell CD’s, or Tapes or Books.

    The Better B B – That’s your desperate efforts to – – – do what. Attorneys, they are the ones who practice law. Without a plan and procedure there is nothing you can do regardless of merit.

    You and your crew do all you can to discredit me – that’s fine. But have an attorney come on this site and challenge my findings. The opposition cannot –

    Have the FDIC or even the State challenges what I known. You cannot and you won’t.

    One year ago I began speaking to the FDIC over issues the world is now writing about. This is not a pay as you go fee for consulting.

    This is only Testimony – I must meet the courts request according to their calendar. I am not required to guarantee justice – just facts.

    What illusion’s are you under. You’re orchestrated web sites, threads and the better business bureau.

    This is wrong and creates liability.
    Please – go back three years and see what I have written then and where I am still convinced that accounting rules is the key to exploiting the breach.

    Let this go .

    MSoliman

  11. What this Judge did is not only wrong, it is criminal. She is aiding and abetting the theft of a home.
    I don’t think this would fly in bankruptcy court.
    I doubt the plaintiff would even appear at the Trustee meeting. I would file Ch 7 and list the
    debt as unsecured and the Judgement as disputed.
    Even though NJ has no Homestead Exemption,
    I would claim the Federal BK exemption of $20,000
    in lawful US money (ie gold or silver coin) not Fed.
    Reserve Notes.

  12. M.Soliman, out of 13 ratings with the better business bureau I checked your company, and your rating was the worst with a BIG F. This information was obtained from the California Better Business Bureau.

  13. No …I know that …not meant for you . Let me make this clear. Its not you I am repsonding to . I looked up the domain and name on Who is …I gave the info to our attorneys .

    Thanks.

    You a side. Let’s all move on…

  14. MSoliman,

    The message was not from me — ANONYMOUS — all capital letters. It was from someone else who uses small lettering — Anonymous —- Again — that person is NOT ME.

    Would like to go back and change my name from ANONYMOUS (all caps) to something else. But I started with this name a long time ago — and everyone now knows me as ANONYMOUS. Do not want to change.

    Mr. Soliman, do not confuse me with others who may have issues with you. I am NOT that person signing as Anonymous — small lettering.

    As far as I stand, I focus on what I know — do not care whether others agree or not. I have NO financial motive — and I am NOT in foreclosure. Only here to tell what I know. Whether or not you agree — is your own choice.

    Again, Anonymous is NOT ANONYMOUS.
    Sorry — if you are confused.

  15. Are you saying beware of the message or hiring me?

    Hiring me…? This is Livinglies site – hire them as they are competant and proven, they get my vote.

    Then yes…be warned – do not hire me.

    But beware of the message? Im not sure of your goals here….Is the message flawed and where are you in your counter arguments.

    Beware of what?

    M. Soliman

  16. To my Pals – on the Street.

    I’m too far into this. So the abuse is worth it, if one more consumer can keep his kids in a better school, keep the American dream alive and then make it to see another thanksgiving at home.

    These people here are not stupid and woe to the Defendants that challenges their will to fight.

    Some of these contributors are going on year three. They are not going away.

    But, my brothers in arms…you know after a decade of MBS MBO CMBA CDO CMA CMO TRUST COMMON AND TRUST PREFERRED.It doesn’t work boys.

    Why” A “Robust” market was you fatal alternative. The market died.When the winds are dead so to is the sea. I met sailors who would trade 100 ft swell’s for flat sea in a dessert of salt water.

    Deleted Loans – that’s for your books and cannot facilitate foreclosure. And the Master Servicer – that is for SEC mandatory and written to FDIC constraints, rating agencies and does include loan level itemization for OC and pool indemnity

    Nominal Interest – It’s your Ace in the hole and MERS is not happy. The Blank endorsement – Poison pill in crisis!

    Derecognition – Hypothecation and another way to disguise debt. And the Trust Capital – a mortgage is debt, preferred shares are debt sold as equity. CDO’s are debt. Your dividend is calling an obligors liability. It’s all debt and never should have allowed for equity recognition of assets.

    These assets are a receivable held with no title to the underlying collateral. Borrower homes!

    Pooling and Servicing – Joke it’s for SEC accredited disclosures and registration purposes with nothing binding on a claim by registrant for assets. And Servicing – Do you want to share with these people the reason why you tell them to miss 2-3 payments before you will modify? Take a hike brother’s. .

    SEC 1122 AB – Your own accountants disclose the fatal blow to avoid recognition. But that would bankrupt America further. Let’s see. . . Trust Preferred – Phantom income / Trust Common – FIERREA Violation.

    And God Bless MERS – You ruined the platform over a nominal interest argument. Now it’s your only shot (the honorable Fed Chair Bernanke and wet noodle FASB not included) for avoiding FIERRA and the “prep” walk.

    Here’s the thing you hope these guys never get wind of. Should I? I’ve held back….What the Halls!

    FACT –
    1) You capitalized the note therefore the note is lost by design. It’s transferred like a sale; or
    2) You never sold the note and paid dividends based on promises.

    First, in arguments (1) you lost the note to a foreclosure. In the latter, you shifted assets and dividends away from the organizations true shareholders. You better hope the consumer can win back the home as a least bad alternative to an SEC mainstream fraud investigation.

    Otherwise Wall Street capital managers and shareholders will commence with a new round of fraudulent practice suits for divergence of revenue and earnings brought by litigants in class action that has no interest or concerns for mortgage backed securities versus unraveling the mortgage backed scheme. Oh yes, as for the definition of an accredited investor;

    ACCREDITED INVESTORS: A good ol boy network of the rich and famous covering family and friends. If they can’t make money buying mainstream stock sold to suckers who read Barron’s and trade over the common NYSE exchange.

    . . . Then circumvent the Banks earnings and pay them through a REIT and trust scheme.

    M. Soliman
    expert.witness.com

  17. Warning!!! Be careful if you plan on hiring Soliman. Be very careful if you plan on hiring attorney Steven Kop. Caution!!! This comes from personal knowledge with dealing with this pair on a personal level, and I am not an attorney as Soliman implied.

  18. anonymous, on February 9, 2011 at 10:35 am said: Beware!!! Be careful if you are thinking of hiring Soliman as an expert. Be caeful if you are thinking about hiring attorney Steven Kop!!! Warning!!!

    DEAR COUNSEL

    YOU DO THIS EVERYTIME WE HEAD INTO A DEPOSITION. POOR BANK ATTORNEY. THIS IS THE BEST YOU CAN DO. DEPOSITON IN NO CAL NEXT MONTH. JUDGE COMPELLING YOU ….

    YOU KNOW WHAT HAPPENS WHEN I AM ALLOWED TO TALK….QUIET TITLE – HERE WE GO AGAIN!

    YOU ASK ME QUESTIONS FOR HOUR’S AND DAY’S SOMETIMES OVER AND OVER. YOU WILL GO 100 PAGES DEEP INTO TESTIMONY IN DEPOSITIONS TO DISCOVER EVERYTHING THAT EVER HAPPENED IN MY LFE –

    LEAST CONCERNED WITH THE FACTS OR MERIT OF THE CASE.

    THEN, WHEN THE EVIDENCE IS CONCLUSIVE ….IN DEPOSITION YOU GO TO LIVINGLIES AND PULL THESE COMMENTS OUT. TO DESTROY MY CHARACTER.

    REMEMBER THIS….NO ONE HERE HAS TO PAY ME TO DO SOMETHING GOOD WITH THE INFO. PROVIDED.

    THEY ONLY HAVE TO LISTEN.

    1) KEEP THE LOST NOTE ARGUMENT OUT OF COURT
    2) WHO WIRED THE MONEY (ASK)
    3) THE ABA WIRE WILL CONFIRM THIS
    4) WHY DOES MERS SHOW UP? MORTGAE LENDING IS FULL DISCLOSURE
    5) IS THE BANK WHO WIRED THE MONEY HIDING BEHIND MERS.
    6) THE BANK WIRES THE MONEY PLACED THE LOAN INTO A SECURITY…NOT MERS
    7) NOW UNDER TARP – THE SECURITY IS CHARGED TO ZERO .
    8) HOW DO YOU FORECLOSE ON ZERO ?

    YOUR DOING YOUR JOB AND I RESPECT YOUR EFFORT . FIGHT ON COUNSELOR …

    TRY TO EFFECT AN ADVANTAGE. BUT THESE COMMENTS, AND THIS THIS APPROACH ; THIS IS WHAT THEY TEACH IN LAW SCHOOL…..(IM AFRAID SO).

    GOD BLESS

    M. SOLIMAN
    EXPERT.WITNESS@LIVE.COM

  19. ANONYMOUS – GOOD CALL.

  20. Another court ruled otherwise on the same issue, by the way. I’ll see if I can find it to post. I thought the ‘lost note issue” had been retired as a dead duck. It was one of the strategies implemented by those who did not have proper endorsement of the note. There is no evidence, at least none cited here, that Wamu endorsed the note to LaSalle.
    That’s all hearsay. This case can’t survive an appeal.

  21. Joe D, thumbs up!

  22. Right. Another scenario – – “Judge, I hold title to this Mercedes 500, really I do…it’s just that my sister who owned the car before me lost the title before she gave it to me”…but she assigned the car to me…really she did..I decided to sell the Mercedes to Jane Doe and she’s been paying me payments, but stopped, so it’s my vehicle, you see…it’s My Mercedes… I don’t need proof in writing!” just take my word for it…oh, and by the way, I’m glad your husband and you liked the tickets I sent you for Super Bowl game!”

  23. Thank you, Ian
    You are absolutely right. Jeff Barnes( law firm) is the man you want in the court room. At the time, the Atlantic county attorney was the only associate and afterward, two in north New Jersey. I recommend them to anyone who cannot find an attorney ( from California to New Jersey). But Neil Garfield would be my first choice if I could afford him. He has all the docs that anyone would need in court.

  24. Thanks, Charles Cox
    I forgot to mention that I do have two transcripts.One for Motion to Vacate Summary Judgment, one for Motion to Reconsider. It’s very important that everyone should get a transcript. Please remember, I’m in New Jersey and having transcripts and an attorney doesn’t mean JACK. The judicial system in New Jersey is like the one in a banana republic.

  25. “anonymous” post below is not mine (mine is ANONYMOUS – all capitals).

    This case must be read in entirety. Judge concludes that NJ would not permit the foreclosure according to it’s constitution under the circumstances of this case. Because cannot foreclose — judge gets around this by applying “unjust enrichment.” Thus, this is a case that overlooks all — and NOT about a “stand-alone note argument.”

    She applies the unjust enrichment as a defense to any note issues. Problem is — unjust enrichment cannot be used IF there was an “express contract” to start. Decision is deeply flawed — and it is not decided on accounting issues, note issues, robo-signing issues (attorney does not challenge affidavit), and IS decided only on UNJUST ENRICHMENT.

  26. The more time I
    put into trying to understand this the more complex it gets. There is no sliver bullet get that
    all we can do is try to get the best people to argue for us it’s the intention I worry about
    how to judge intention if there is ignorance
    what can I do about that …prople who dig deep to know truth will live an honorable life and do honorable work and teach their kids to be honorable…your honor

  27. Beware!!! Be careful if you are thinking of hiring Soliman as an expert. Be caeful if you are thinking about hiring attorney Steven Kop!!! Warning!!!

  28. Judges ruling on sm they don’t understand
    so isn’t thst why we have expert testamony and discovery…if only

  29. We have a problem if a judge refuses to look past yheirnose end …. There are some people if they dont know by now you can’t tell them
    I think they know and are part if the priblem

  30. Can Bank of America foreclose if they donot have the NOTE and after pulling a Service Agreement and Assingments (Master Trust Acount) are Blank Assingments.

  31. Eugene Villareal- Jeff Barnes at FDN has an associate or two in NJ who know exactly what to do. He teaches courses nationally, which qualify for CLE credits, which means they are legit. Anyway, he basically oversees each case, and his affiliated atty litigates it. He shows up in court when case is complicated. Seems to be a good guy. Contact him at foreclosuredefensenationwide (FDN)

  32. Thanks Soliman,

    I get what you are saying, sort of like follow the money, but in these cases follow who is reporting it.

    robe noire means black robe – Judge.

    http://accountingonion.typepad.com/theaccountingonion/2008/03/fsp-140-3.html

  33. That’s why you should always have a court reporter and PRESERVE YOUR CASE FOR APPEAL!

  34. Thank you all for seeing the judicial system at work in New Jersey. This judge Thurber doen’t know JACK about foreclosures. The only reason she SITS on the bench is because she helped a politician get re-elected. Google it. I live in Bergen County and I’m in foreclosure. The other major problem is that there are very few attorneys who know or will take on foreclosure cases and that is why New Jersey has 95% foreclosure cases UNCONTESTED. Even with the New Jersey Supreme Court Justice trying acknowledge this fact, he is still giving cover to the judges continuing handing out Summary Judgments and Plaintiffs(Banks) and their attorneys presenting FRAUD UPON THE COURT. If you don’t believe me or just interested, go to http://www.njcourts.com, there is on the front page where you can check out the ORDERS from the Supreme Court . Attorneys will have to submit Certications or Affidavits affirming the previous Robo-Signed docs. In response to the Order, JP Morgan Chase Bank and Chase Home Finance, LLC say that they will submit new CERTIFICATIONS instead of AFFIDAVITS(as required by law:Rule 4:64-2(c) ) because they have been allowed to submit them in the past. They, Chase, even give examples of cases in their Respone. All the New Jersey statues have been law for some time, but the judges are not following the law.This judge Thurber is the best and brightest example. Hopefully, Alvarado’s lawyer will be successful on appeal. Not every case CONTESTED (5%) case in New Jersey should have to be appealed all the way to the Appellate courts.

  35. ASSETS

    Mortgage Note : 100,000
    WarehouseBal :-100,000

    NetEquityLoans: ……0.00

    QSPE
    Depositors Acct : 100,000
    BankReceivable:-100,000

    NetEquityLoans :100,000
    Paid in Capital : 100,000

    SPE
    (Transfered interest – not booked)
    LoanBookValue: 100,000
    Loans Goodwill : 300,000

    Combined Cap : 500,000

  36. I don’t see the fascination with the lost note. So, why in the world would anyone look to steal away an investment in a mortgage? You’re saying if the note is missing that …. What? You’re going to get your home for nothing?

    The physical note is replaceable and a copy will satisfy most courts inquiry into this legal loss leader. . . I’ve purchased my share of paper on a lost note affidavit. I did then [MGCA 2000] and would do it again. If you’re alleging to be a holder in due course then you’re the originating lender or the successor and assignee.

    Everything is reportable; from one’s personal earning’s, a business’s revenue and the revenue and earnings attributed to a REIT paid out to investors in a pass through. Get it – Pass through! Our entire life is subject to state and federal revenue “reporting” for IRS purposes.

    It’s getting old asking Counsel to request in their production the general ledger for journal entry which is critical evidentiary.

    You cannot claim a beneficial interest in an asset if your note reporting it! In order to report the asset you must show it at its “basis” For “basis” you would have to evidence a marketable transfer meaning (1) due consideration (2) lawful assignment (meaning recorded in muniment).The Harry Houdini reputation of the note is just nothing of merit. The asset and proceeds from a sale of the note – now that’s more important It’s all reported so look to the holders books to confirm ownership and date of the acquisition.

    What the Judge is saying here in this article tells me “they KNOW”. These justices are dialed in and so are the courts. Maybe not the AG’s – especially the AG’s office. This robe noire seems to know the bottom line for a stand-alone “note” argument. The courts are quick to toss out complaints on lack of merit. Lost Note allegations are likely the cause for more frivolous claims and dismissal’s for failing to state actionable claims. A lost note is not an actionable claim. Nor is a Robo execution of a recorded substitution or questionable assignment of the subject asset. An actionable claim are beliefs (lost note) that can be established as fact (General ledger) for alleging questionable practices (controlling interests) that violate rules (GAAP ) in violation of code, procedure’s (SFAS 140-3) for accounting rule (Divestiture) .

    M. Soliman / Expert.witness@live.com

  37. The case is decided on the “unjust enrichment” defense. Unjust enrichment is NOT a defense when an express contract existed. Borrower does not deny the original mortgage contract. This case will easily be overturned. However, attorney should have first filed a “Motion for Reconsideration” before appeal because he did not challenge the validity of the affidavit – and, therefore, he cannot raise this issue on appeal. Must rely on the law for unjust enrichment — which somehow escaped the judge’s mind when she ruled. By ruling “unjust enrichment” judge is acknowledging that there was NO express contract. Cannot have it both ways. Judge did not do homework.

  38. A background review of Judge Thurber is revealing. Thurber was formerly a probate and estate lawyer, and was a defendant in a messy legal malpractice action brought by children of a deceased, for disgorgement of fees charged to the Estate. That Court granted summary judgment; the Decision was Reversed at the appellate level, and seems on-going litigation. Thurber seems to have zero experience in foreclosure litigation. She joined the Bench only a few months ago (2010).

    What you have is a dense Judge who has no clue as to what she is doing and is just making it up as she goes along. Sadly, this phenomenon is prevalent enough.

    As to the merits of the present case, the Court is faced with a “Bank” that claims ownership of a Note which the vendor did not have in possession when the vendor “sold” it. By analogy, you go to an auto dealer and “buy” Harry’s car which the Dealer does not have on the lot, has no paperwork for, and Harry does not even know the Dealer is selling. You “pay” the Dealer for Harry’s car; you come back for it and the Dealership is shuttered and the lot is empty. So you hire a repo man to go filch Harry’s car out of his driveway. Is this an “Equitable result?”

  39. Strangely, the Judge had no problem with giving BofA a FREE HOUSE. My first step would be to question the alleged assignment in 2006 – then go through the docs. I would also agree with previous statements and would take it a step further – BofA should be ordered to refund ALL payments. If BofA and others LOST the Note, the Note was never Transferred. If it was never Transferred, they did not have a right to collect ANY PAYMENTS.

    The borrower should investigate the Judge’s investment portfolio and make sure there are no conflicts of interest. They should file complaints with the state because the judge is violating the LAW.

    The NOTE cannot be transferred to the Trust or anywhere because it is DEFECTIVE regardless if they had it.

    They should not allow this to stand without seeking other remedies. The borrower should produce a copy of their Note without the appropriate endorsements. If the borrower does not have a copy, then THERE IS NO COPY and NOTHING was ever ASSIGNED or SOLD, which is probably the truth.

  40. and the other problem with this action is the homeowner can never sue on the basis of a predatory or discriminatory loan, no?

  41. The judge could have awarded bank of america their foreclosure action, but ordered BOA to refund the original down payment to the homeowner, and if any equity still existed in the home, award that to the homeowner as well.

    At that point, the bank may have the home, but they should not be entitled to the down payment and the equity built up in the home.

    thoughts?

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