Why Judges Don’t Want to Rule for Borrowers

by Carrie

In California CALPERS is the pension fund for government employees, which of course includes judges. If you google

calpers 2010 annual report

it’ll take you to a PDF for CALPERS. If you search for the word “securitized” you’ll see that the pension fund invests in securitized trusts and distressed securities.

BTW, this is not unusual. Furthermore, CALPERS members probably don’t know the exact makeup of the pension fund assets because it changes all the time. All the members care about is getting a decent return on investment.

The fact that the pension fund holds securitized trust assets wouldn’t really impact a government servant like a judge as far as the pensions holdings because there aren’t enough securitized trusts in there to make much of a difference in the grand scheme of things.

Judges rule the way they do because nobody wants to be the “crazy judge” who opened the floodgates. This is particularly true of California, especially since it’s a nonjudicial foreclosure state. In UD proceedings the commissioner (not a real judge) and plaintiff’s counsel are typically dim light bulbs. They don’t put a lot of effort or thought into what they do; they just want to make their money and go home each day.

How do I know this? Personal experience as a Pro Se, 30 years legal training (paralegal), and insight from at least a dozen CA lawyers.

You can’t win in UD court. What you need to do is sue all parties who ever touched the loan and file a quiet title suit. Keep it narrow and focused because if you throw in everything but the kitchen sink, it muddies the waters and defeats the purpose because judges want to deal with simple, straightforward proceedings and the more focused it is, the more likely you may prevail.

Sure, everyone wants their day in court to give the judge and adverse counsel a tongue lashing to count all the ways in which we’ve been robbed of our property and our constitutional rights. But the reality is that no judge is going to let a Pro Se, let alone a lawyer, filbuster in his/her courtroom. The courtrooms are not like Judge Judy, People’s Court or other TV shows. The reality is much more stark — and dark. In the courtroom there’s black and white and maybe a little bit of gray but not much. The trick is to be as close to black or white as possible; otherwise, chances are the judge will get impatient and rule for whoever has the most convincing — albeit brief and to the point — argument.

And yes, there is most certainly a prejudice against homeowners, especially Pro Se’s. It’s a fact.

The reality is harsh, but it’s critical to understand the true lay of the land as it really is rather than focus on how we think it is or how we want it to be. The victories we read about are most certainly laudable and make us want to rejoice and keep our hopes up. The reality is those victories are a very small percentage of the entire whole.

I’m a fighter. I’m still fighting and have been for several years. But I’ve learned the hard way that we have to fight fire with fire, and the best way to do that is, if you don’t have a lawyer, do whatever you can to drag it out for as long as you can and scrape up every penny you have to hire a lawyer as soon as possible. There are some very knowledgeable lawyers out there who are indeed taking on these cases. Please email me if you’d like for me to send you some of my recommendations.

Peace,
Carrie

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66 Responses

  1. Your a genius bob g please email me at howtobeatbankny@gmail.com I understand that New York is a whole different ball game.

    Look at the Phh Mortgage decision that was from bankruptcy court and Judge Grossman from Central Islip was a bankruptcy matter. Chapter 7 bankruptcy Trustees maybe the move in state court

  2. Gary H – BK Trustee

    Failure to communicate. I asked you up front if you had any experience with BK trustees OTHER THAN YOUR OWN. And you said YES. But now you’re telling us that “you asked your own BK trustee.” Tsk, tsk.

    You guys aren’t paying attention. Of course YOUR trustee isn’t going to help you! The advice that I’ve given is for someone who isn’t in BK. You go and hire a CH. 7 trustee to defend and/or quiet title you in STATE court.

    GARY H – Here’s a lab experiment for you. Now pick up the phone and call a Ch. 7 ttee (not yours) and see if you can hire him under those circumstances and conditions.

    And by the way, ALL attorneys are Officers of the Court by definition.

  3. Gentlemen, I did ask my BK trustee for assistance and was told NO, thats where I got the Info. Don’t mean to pi$$ anyone off.

  4. No problem with a BK attorney. Take out $30 K 2nds and thirds during the fraud years and the Bk attorney will get you off on a Bk filing of 2k. You still foreclosed. So what? Not a bad profit. You spent it on the furniture and the home.You got to live in a nice place for years. To me it’s all about the income. How did you qualify for that loan? You didn’t. and you never did qualify.

  5. …and can someone tell me what was wrong with my post on Wells Fargo?

    http://dailynewspulse.com/now-is-the-time-wells-fargo-nysewfc-has-a-lot-to-prove/226413/

  6. Hello G.

  7. Gary, Bankruptcy trustees can also be litigators and bankruptcy attorneys, I know one myself. The G Man is right. A bankruptcy trustee IS an officer of the court, as is any other attorney. A bankruptcy lawyer who is appointed to a “trustee” position is one who is well learned in the BK law.

  8. Dying Truth,

    Don’t hold your breath!

  9. Bob G.

    Yes I do Bob, no one in a trustee position would have anything to do with what you suggest.

  10. Gary H.

    Do you have any personal experience with BK Ch. 7 trustees, other than having one sit as the trustee in your own BK case? If you cannot speak with authority on a subject, it’s best not to speak at all. Better to be thought a fool in silence, than to open your mouth and remove all doubt.

  11. Bob G., on February 20, 2011 at 10:20 am said:

    “HERE’S THE ABSOLUTE BEST WAY TO FIGHT THE BANKSTERS…

    Hire an attorney who is a local Ch. 7 BK trustee”.

    Good grief Bob G. are you trying to jerk our chain here? Hiring an official officer of the COURT, “trustee”, I think Not !

  12. Seeking Remedy,

    See how far ‘Living Lies’ gets you when you’re HOMELESS.

  13. KingCast,

    MERS’ new song to sing at Corporate.

    The wheels on the bus are falling off, falling off, falling off! Their days are numbered.

    Sue for Quiet Title, people! Once you have a Lis Pends going, everything is frozen at records. Even if they do record something, there is a broken gap! Like it has been said from day 1 on LL, no assignment from A to D is valid…..

    RK Arnold….hope you are enjoying your retirement for a short time. Wild Bill, how is the secretary chair feeling right about now? There is a flushing sound coming from the MERS building……oh, maybe that IS the MERS building, going down in a spiral.

    MERS 4.0 maybe? Naw!

  14. Ian,

    All Deeds of Trust, Deeds, and reconveyances separated by years. Except one got Certificates of Compliance (creating parcels).

    Could be all refinances. Appears all done at different banks. But reconveyances?

    Definition: A reconveyance deed is an official document from a mortgage holder releasing the debtor from the mortgage. It is evidence that the mortgage has been paid in full. The mortgage note is marked paid, the original mortgage is returned and a deed of reconveyance is issued to the home owner showing the mortgage has been paid off.

    A deed of reconveyance must be recorded in the public records of the county where the property is located. If the deed of reconveyance is lost or destroyed, it creates a title nightmare and puts a cloud on the title because there is nothing to show that the loan has been paid.

    I don’t think you get a reconveyance when refinancing.

  15. Holy shit.

    It is going to catch on.

    VIdeo for hire, facts for free:

    http://mortgagemovies.blogspot.com/2011/02/massachusetts-joins-tennessee-kingcast.html

    TUESDAY, FEBRUARY 22, 2011

    Massachusetts joins Tennessee, KingCast and Mortgage Movies, sues MERS for $22M for failing to prove loan ownership…. New Hampshire is still in the dark ages and does not care. That will change.

    Dear Judge Nicolosi and any other Judge in NH who is partial to slamming pro se litigants in these contested foreclosure proceedings that will increase exponentially in the coming months and years:

    When I was managing Alpha Title Company as a licensed Title Insurance Producer 6 years ago we all thought “how nifty, a nice little virtual depository for loans, but as time wore on we began to have some serious questions, now the chickens resemble turkeys come home to roost. KingCast and Mortgage Movies will be following this and cross posting to the excellent websites at Living Lies (“Pretenders Painted into a Corner” with Mortgage Movies video with Judge Nicolosi) and 4Closurefraud (“MERS Come Clean and Pay up, $22M.)” More tales of whoa here in the Tennessee litigation.

  16. For those in Northern California, especially the SF Bay Area, I can recommend “someone who gets it”:

    Chris Gardas
    Attorney At Law
    530 43rd Street
    Richmond, CA 94805

    Phone: (415) 407-4918
    Fax: (510) 778-1273
    chrisgardas@comcast.net

  17. Steve-granted,it doesn’t look that good. Maybe they all refinanced-any further assignments?

  18. No argument there John Q. Public.’

    I just look at a list of Judges in my county and then went to the county clerks website to research the first three names dating back to 1989. On average it showed 10 + Deeds of Trusts with Reconveyances (paid in full). I thought we took out a 15 to 30 year mortgage. How do you qualify for a two? Makes you sick when you look into it.

  19. I would like more information about this from Carrie. Thank you.

  20. Carrie,

    I too am looking for a NoCal attorney to help me with a QT action. We are not currently late, but we almost lost our home to foreclosure last year. We were able save and borrow enough to redeem it. MERS was who tried to foreclose. They were not licensed in Ca at the time, little to my knowledge.

    None of that really matters now, but what does matter is this: Our loan docs state CTX is the Lender and Trustee, and that MERS is soley a nominee. Our title docs have a different filing number than the one MERS tried to foreclose with. CTX was not on the foreclosure paperwork anywhere. They are now out of business (being sold). There seems to be two Grant/Trust Deed numbers – one we signed and the one MERS used. When I looked up our loan on the MERS website, it can’t be found by address, name and address, or ssn and address, but it did show up under MIN #. It shows up as a Fannie Mae loan, which is a securitized loan, from what I gather. Since MERS has no legal standing to assert ownership, plus they are basically out of business, and CTX is not on the title and out of business, and Fannie Mae is not on the title, who is the rightful owner? We have been making our payments to Central Mortgage, a servicer through MERS, but are concerned that the payments are going to the wrong place. Does this sound like a good case for QT? Is it something we should consider even though it is not a refi problem? If you could send me the list of NoCal attorney’s that would be great! woobbie@earthlink.ner

  21. Please assist me with a recommendation for a lawyer to represent me in foreclosure case involving my house. I need a knowledgeable lawyer in the BRONX, NEW YORK 10467 area to represent me. I want to fight the banks and ask for clear tiltle.

    Thanks
    Micah

  22. BOB, if you are looking for a quiet title lawyer in the Seattle / Tacoma area check out Jill Smith who does get it she’s one of the few in this state.206.227.9800.

  23. No, he does not have a BK attorney. That is why I am asking about getting him some professional help. I still don’t see the email address for Carrie. Perhaps I missed it.
    We are in southern California. You can write to me at thelariat@att.net if that is easier for you. Thank you so much!

  24. Bob G

    Not going to get any help from anyone listed on a court home page — at least not in my state. Maybe elsewhere.

  25. ANON

    Go to your local BK court home page. They should be listed there.

  26. to Carrie

    don’t kid yourself…..CalPERS has suffered significant losses in the SIVs.

    Here is just one article.

    A son’s lament for CalPERS’ big losses

    March 5, 2010 | 2:08 pm

    New York money management firm BlackRock Inc. made bad bets on the massive Manhattan housing complex called Stuyvesant Town and other real estate projects, and that cost a major client — the California Public Employees’ Retirement System — hundreds of millions of dollars. The losses took on a particularly personal tone for BlackRock’s chief executive, Laurence Fink.

    “My mother gets her pension from CalPERS,” he said, getting emotional in an interview with Vanity Fair this month as he discussed the losses.

    Fink

    “I lose sleep over these problems,” Fink said.

    Fink grew up in Van Nuys, went to UCLA and then to Wall Street, where he has become one of the most powerful financial figures in the country. His mother’s pension came from her years in the more humble position of English professor at a public college. A spokeswoman for BlackRock confirmed that Fink’s parents still live in California but declined to go into further detail about them.

    The personal connection between Fink and CalPERS does not appear to have helped the business relationship. CalPERS has been contemplating getting rid of BlackRock as a real estate advisor. And last year, Fink gave the pension fund’s board a talking-to about its unreasonable expectations for returns in the coming years.

    At the end of the day, though, it would seem that for all of Fink’s concern, even if CalPERS went bust and took his mother’s pension down with it, she would probably do OK with some help from her son.

    – Nathaniel Popper

  27. Oh, and to set the record straight…..

    For someone to logon to this site, “Living Lies” with a name of “Dying Truth” is only stating that you disagree with what this site is about.

    At least Neil is doing something in favor of all of us AMERICANS who believe in justice.

    You are nothing but a pile of HORSESHIT.

    Take your bullshit to Agent Orange’s “Gonna have a Good Tan Someday” site and spread your love there.

    If you don’t like what is here…..DON’T REFRESH YOUR BROWSER. Empty your cookies and search for “Crainial Rectal Inversion” on Google. You are more than certain to find what you are looking for there!

  28. Dying Truth…….

    Oh Man…. maybe A Man was right…..

    Dude….go see a Doctor before it is too late! The only thing I am Seeking is a PROPER REMEDY! Maybe you should not be thinking there is a little multi personality troll out there trying to pull one over on you.

    You seem to think Sybil is here trying to pull one over on you. Think again, man! Maybe you should step back, and log back on to your own company (or bank’s) website and feel whole again!

    You are freaking out man!

  29. Honest mistake “Karen” “Carrie” sound so much alike, and could be derived from the same name. But, you got the “Remedy” you were “Seeking”, what you were asking for did you not? Please let us all know how that works out for you, I honestly hope you win without having to pay much or any money at all. Despite that you think everything I say is BULL$#!T, when mostly everything I say is based on grounded facts (some others merely speculation), but everything I say and pursue to talk about is with the best intentions for all of us Americans (sorry banks excluded, but Judges are included, if they could just come forward and speak up and treat us with the respect we deserve).

    I mean the fact that nobody sees the inherent evidence of lawlessness in these statements >

    “Judges rule the way they do because nobody wants to be the “crazy judge” who opened the floodgates.”

    So ruling lawfully and affording People their “due process” rights would make judges “crazy”, how would an attorney change any of this?

    “And yes, there is most certainly a prejudice against homeowners, especially Pro Se’s. It’s a fact.”

    Same question, but also is this a fact we have a right to present to a jury or is that right gone with all of our others?

    “The reality is harsh, but it’s critical to understand the true lay of the land”

    Don’t know if this was a typo, but it kinda doesn’t matter because it seems as though this is how it’s gonna get “layed” to us and nobody else is willing to fight this injustice. So we, well the majority of us will choose for us all by their consent, and we all wil suffer from their choice.

    This folks is the difference between a Democrary-Mob Rule (which we are not) and a Republic-Individual Rights (which we are).

  30. You do not have the depth of knowledge, because you have not done thorough research. The banksters control the judiciary in california through 18 U.,S.C. 1341, 1343 scheme to defraud the public of the intangible right to honest services of a judge. Do the research into “Operation Greylord” the bribery of judges who fixed cases through bribe loans on terms unavailable to the public, among others. Request a copy of the, in California of the Form 700 Economic Disclosure Statement. Then go to the County Clerk Recorder where the judge resides, and or other Counties where the judge may have residcential property and look for all the loans to the judge, which are recorded by trust deeds, comparing and matching the signature of the judge on the Form 700 Statement to the signature of the judge on the Trust Deed with his/her name to validate that the judge and the borrower are the same (person). What you will find is that the average judge has “UNEXPLAINED PHANTOM INCOME” that the total current loans and monthly payments to the total of the loans, property tax payments, property insurance payments will exceed the total monthly income that is declared under the penalty of perjury. See Friends of Angelo: Countrywide’s Systematic and Successful Effort To Engage In Bribery. …republicans.oversight.house.gov/…/20090319FriendsofAngelo.pdf where the bribery of members of the House and the Senate was applied by Angelo Mozilio and Countrywide.

    Simply put the judge is either not paying the loans(gifts) or someone is paying them for him with a source of what will constitute bribery, undisclosed and illegal income.

  31. I need the names of a good lawyer in the Seattle, Tacoma Washington area. What I need is a pro bono attorney but I doubt I could find one who knows how to handle this type of case. Do you know of one?

  32. Seeking Remedy

    Am trying — doing more than I can say here. Just keep up the battle.

  33. Carrie,

    Thank you! I appreciate anything you send me way. In my case, a Judge can’t entertain the idea of me trying to “get a free house”. I have been paying in good faith. I want to pay for my home….just not to the wrong party, for a broken title, and MORE than what it is worth. I did not F this whole thing up, THEY DID. I bought and refi’d based upon the “facts” that the lender told me. They said I had MAJOR equity in the home after I refied. This was all a lie. They wrote a title insurance policy that I paid for to benefit…….MERS! I never knew who the F MERS was until I was educated on this fact. I performed EVERYTHING that I did in GOOD FAITH. They screwed me, and now they are screwing me for EVERYTHING I have put into this. Oh, and yeah, THEY have NO SKIN IN THE GAME!

    Dying Truth…..the more I read of your BULLSHIT, the more I think you are simply on the “Other Side” of the field. If Neil is making some money in regards to this site, then GREAT! I agree with it totally. It has brought me in contact with so many resources that I would not otherwise be in contact with that it is well worth the money. Yes, I did get a combo package from Luminaq. They provide information that I would never have been able to provide without them. Alex, Neil, and Dan are all on this game for OUR good………..are you?

    Sorry…..I had a blowout.

    Anyway……Carrie…..Anon…..please educate me more. Any info you can provide will be greatly appreciated!!

    ~Seeking

  34. Carrie,
    I’m in southern Calif. I’m trying to gather mortgage recorded documents that which I signed. The title company won’t release records unless I subpoena them. If I am able to subpoena them then my district attorney and the Department of Insurance will accept this info. Do I have to file a lawsuit to subpoena records? Going to court house tomorrow to find out either way, but could use any assistance you can provide. Thanks

  35. This is Carrie, which is my real name by the way. Dying Truth, I’m not sure what you were getting at, as these email strings become quite confusing because it’s hard to tell who is responding to whom sometimes.

    The matters I mention are based on my personal experience. Nobody has to agree with it; I’ve simply put it out there to share with you my experience and perspective, as my husband and I have been fighting the banks, et al since 2008. It has not been an easy road, but we will never give up.

    BTW, for those of you who are considering trying to file a Petition with the Federal Court to have the case removed to Federal Court from State Court based on the “federal question” — don’t bother. We and others tried that and the case was remanded. It does, however, work as an excellent stall tactic.

    All the best,
    Carrie

  36. Hi, Seeking Remedy. I have a call into my SoCal lawyer asking him to provide me with the names of bankruptcy lawyers who have expertise with QT actions. These skills sets go hand in hand so it’s best to have someone who understands these areas; because real property can be a significant portion of a BK, the expertise needed for a QT is almost always encompassed in a BK attorney’s practice.

    I’ll send you the names of the NoCal lawyers once I have them.

    Many thanks,
    Carrie

  37. Bob G.,

    Okay — give us some names. I do not care WHO it is that exposes the fraud. Just want it exposed!!!!!

  38. Boots, I’m checking with my lawyer and have asked him to send me the names of some NoCal lawyers who “get it.” I’m in SoCal and so is our lawyer; you need a lawyer in NoCal. I’ll send you more info once I have it.

    All the best,
    Carrie

  39. john gault and Seeking Remedy,

    Few we can trust.. But, confident – eventually – all will surface. NEVER give up.

  40. DyingTruth,

    Whoops –you made a mistake. I did NOT say that — and I am not Carrie!!

    However, if Carrie said that — agree — judges are reluctant to row against a tide.

  41. Anonymous,

    I wasn’t talking about bumping out MERS…..well, maybe by doing a QTA would be. I agree with the the fact that a 2 year old got a hold of my “original note”. The Bear Stearns (or BS as we can really call them) are a couple layers deep.

    I would love to bounce a couple ideas off of you. I can’t seem to find any attorney here in NorCal to even entertain the idea of a QTA.

    Of all the posters on this site, I have seen MUCH wisdom coming from your camp. I also have to say that John Gault seems to be seeing the big picture too. At first I simply “Shrugged” his posts! :)

    Thanks,

    ~Seeking

  42. Well, a trustee started a battle in my state against MERS which resulted in MERS not being able to get a mtn for relief granted. I went to see him a long time ago. He acted like i had two heads.

    As to these judges, since paying the wrong folks is no defense to a HIDC, maybe the judges would like to pony up if and when a real party shows up.

  43. ANONYMOUS,
    “You are right — should be an entire process easy enough for homeowners to do — but it is not.”

    Yes it is.

    And how are you gonna say that, after you already said in the original post? >

    “Judges rule the way they do because nobody wants to be the “crazy judge” who opened the floodgates.”

    Oops, did I give you away “Carrie”?

  44. ANON-

    A Ch. 7 trustee can’t make a living doing that only. I used to work with these guys a lot. BK only accounts for about 30%-40% of their biz. They’re the best bet by far for foreclosure defense.

  45. Linda

    Does he have a BK attorney?? If so, is BK attorney doing his job?

  46. A friend of mine is in dire straights with upcoming UD trial this Friday. He’s been buying time, but it’s getting down the wire now. He filed BK again. I gave him some suggestions, but he really does need some professional help. Not a lot of funds, either.
    Will wait for you to post your email address. Thanks.

  47. Seeking Remedy

    Bump out of MERS?? Not securitized -not that MERS loans WERE securitized.

    Bear Stearns stickers??? Sounds like my little 2-year old nephew got a hold of the docs.

    Bear Stearns was never the Master Servicer to it’s own trusts. Only the Master Servicer and/or trustee can state whether the “investors” to so-called (prior) trust were paid by refinance. RECORDS???

  48. Im in Ca I would like to receive some recommendations of attnorneys who get it. Thank You.

  49. DyingTruth,
    I definitely don’t disagree with ANONYMOUS(one of my favorite posters btw–thanks for contributing–you are a huge asset to homeowners).

    I am just calling out the judiciary– trying to make precedent calling for a homeowner to pay off a debt– in full– before you can challenge it is absurd and imho disgraceful.

  50. A-Man,

    I believe he is being cynical with that logo. Look at it. It would suggest that he is stating that California is heading down the wrong path……

    At least that is the way I view it.

  51. Hey Dying Truth

    why do you have a star of David with a Swastika in the middle. Are you related to Charles Manson? He had a Swastika on his forehead?

    http://en.gravatar.com/dyingtruth

    Hate is a disease. You are a proven and outspoken hate monger. Please go to a Doctor before it is too late.

  52. Anonymous,

    What you mention is my case. I am in a fraud-fi, I mean refi. The previous loan was securitized on origination. Started with a table funder and changed hands all the way until it popped out of a rabbit hole from MERS and was conveyed by a company I have never heard of or ever paid. They even sent what appears to be the original note with Paid in Full stamped all over it and Bear Stearns stickers as well, endorsed in blank.

    So does having this supposed original note stampled paid in full help in a Quiet Title even though there is a new pretender involved? When I told the current pretender that I had the original note returned from the prior pretender, they seemed to be shocked. My current refi was also closed two days after cutoff date of PSA.

    I don’t want to argue all the securitization issues in court. I just want a clean Quiet Title, and will clean up the new pretender when I empty the trash.

    All this started with trying to get a principaly reduction.

    ~Seeking Remedy

  53. Bob G. — unlikely to get one of those trustees to do it for you without bankruptcy — destroys their “reputation” with courts. My opinion – but not without support.

    sizeonoffer

    Seems that it should be that ways as to QT —- but it is not. Case after case (LEXIS) dismisses QT because borrower has no right until loan is paid in full. However, might suggest that homeowner sue for QT (if loan was a refinance) — on QT for PRIOR loan — that WAS “supposedly” paid off by borrower via refinance. Now that will open a can of worms.

    DyingTruth

    You are right — should be an entire process easy enough for homeowners to do — but it is not. My biggest complaint is not with those who try to earn a living to help others in the process (I am NOT in any business – and only here as a friend)– my problem is with the government who KNOWS what is going on — and does NOTHING. Certainly if the government and authorities were actually doing their job — the process would be easier for all.

  54. ANONYMOS and sizeonoffer,
    Sorry forgot my point on that. Judges should do QTs as is cuz it’s their job, but ANON is right cuz they refuse to do it, cuz they think that would be letting homeowners get a windfall.

  55. Neil never passes up an opportunity to “make business”. I apologize if anyone thinks I’m being rude, but I’m just speaking my honest opinion, that LL is kinda dis-info and also seeking to take advantage of desperate people to make $$ with seminars, services and whatnot (at least that’s how it appears to me) and when certain comments I post with links that people requested are blocked and moderated, it does not improve this opinion at all. I love ya’ll (well mostly all) here readers and commentors alike, because I come here for the most part to help as much as I can by sharing as much of my ideas as I can with everybody else, and only asking for the same from them in return. As knowledge is power, and you shouldn’t have to hire an attorney to get the justice you deserve, because if they can do it then so should we. They just make seem so complex so they can maintain the monopoly they have. Summarize for yourself what this post says, and while it may be true (some of it at least, there is other stuff left out) that fact is also evidence of the problems that need to be solved, the proposed solution isn’t one at all. It actually keep the problems going in perpetuity as they have been and only makes things worse.

    ANONYMOS and sizeonoffer,
    You’re both right (even though it seems like you disagree), and that’s part of the problem that I’ve been trying to bring out in the open (but was ignored) for the longest time, because I knew that it should’ve gotten out there sooner than expected. Before it all came to a head like it is now and people are beginning and will most likely lash out badly, which is what I have been trying to avoid. And instead what we get is judges, commissioners etc.. not caring “just want to get paid and go home” ‘screw everyone else’ types which have no problem with illegally throwing whoever out of their homes no matter what the case and the best proposed solution is ‘I can refer you to an attorney’, which will most likely do more harm than good. Otherwise we would’ve been hearing about all those homeowner cases being won by their well paid attorneys instead of hearing about “PAUL NGUYEN PRO SE WINS RESCISSION DEFAULT JUDGEMENT CALIFORNIA CENTRAL DISTRICT AGAINST JP MORGAN”.

    Do you see what I’m saying?

  56. Carrie, Good information in this post. You mention suing for QT at the end of your post. I have been trying to find an attorney in Northern California who will do this, and simply can’t. They all want to take the LONG WAY down a path thru Federal Court, have me retain them for a high dollar amount, or want some astronomical amount to do it.

    My situation is that I am current and never late, but I know there are MAJOR fatal flaws in my situation.

    I am looking for a lawyer who gets it in Northern California who will simply start with a SIMPLE, BUT COMPLETE Quiet Title Action.

    Neil, please forward my e-mail address to Carrie if you would as well. seekingremedy@gmail.com

    Thanks,

    ~Seeking Remedy

  57. A lien does not have to be paid off before it is challenged for quiet title. That makes absolutely no sense. Judges that have ruled this way/or lawyers for lenders arguing this sound like total fools. There is no way to enforce–as a threshold issue– that you must fully pay off a challenged debt to ask for relief imho.

  58. Carrie, would you please post your email for me or email me at kensington.taylor@verizon.net. I would like to send you a copy of my quiet title and see if you think it’s streamlined like you have suggested. My Quiet Title contains the entire breakdown in layer form of the Securitized RALI Trust, Depositor, Trustee, and lack of beneficial interest of all parties including MERS, Quality Loan Services, etc. I haven’t filed it yet but plan to do so in the next week or so. I completely agree with what you posted this AM. The lawsuit needs to be tailored to strong California Case Law (or any other state you live in) as well as the laws governing the securitized trust where you hit the pretender lender’s ACHILLIES HEEL! That way a Judge HAS to rule in your favor Based upon the LAW. You need the NAME of your SECURITIZED TRUST (order it from Neil here at Living Lies if you don’t know how to get it yourself)–I believe that’s the key in order to follow the PHONEY FORECLOSURE BRICK ROAD! Best to all, Sammy

  59. ANONYMOUS

    Not saying to FILE for BK. Saying hire a Ch. 7 trustee to handle your foreclosure case in state court.

  60. Agree with Bob G. and boots. BK is the right path when you are dealing with difficult judges. Many judges will deny QT if loan is not paid in full — not just in default — but ALSO not paid in full.

    KingCast — hope Jeanne appeals. NH judge way off on this one– bogus. Title search will not help because of fraud.

    Still waiting for NJ decisions.

  61. Please provide your email address.

  62. Carrie,
    I am in N. California. I am at the UD trial level. it is clear that winning in UD court is not likely. Do you know of ANY tried and true attorneys, that do in fact get it? I intend to pursue this?

  63. carrie,

    i agree with you about pro se experience in a court room drama. as you said you are a fighter and the judge will not allow a pro se to win even if we know , we have more knowledge about this foreclosure fraud than a lawyers who would only accept money without fighting hard with the case. in my situation, i fought hard in BK under chapter 11, challenging all the motion for relief from stay and the court becomes my battleground of my own war against the attorneys who files fraudulent documents in order to be granted the motion to lift the stay.
    after one and a half years into my chapter 11, the judge converted it to chapter 7 , the trustee abandoned my BK estates and i got a discharged of my two properties discharged of the debts including unsecured creditors of all my second loans.
    now, carrie, i will tell you even though i did not win in the court proceedings, the judge allowed me to discharged 3M on my chapter 7. now the rental properties remaining are the subject of my pursuit in the state court.

  64. As if on cue, check out the latest developments in Wells Fargo/Merrrimack Mortgage v. Jeanne Ingress over in NH.

    Peace.

    KingCast.net — Reel News for Real People

  65. .

  66. HERE’S THE ABSOLUTE BEST WAY TO FIGHT THE BANKSTERS…

    Hire an attorney who is a local Ch. 7 BK trustee. They don’t make much money processing Ch. 7′s. But they do know secured lending law. And they are at the forefront of bringing down the bank attorneys in a Federal forum. The bank attorneys aren’t going to try and jerk these guys around in state court, because they know they will have to deal with them in BK court, where these guys actually have juice and can make motions for sanctions against the bank attys that will get results in bankruptcy court. Moreover, they’ve got inside cases and decisions and adversary proceedings from BK courts to refer a state court judge to, that the state court judge will take seriously as persuasive precedent.

    There will be no BS played against you if you have hired one of these attys.

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