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Wrongful Foreclosure Compensation Claim Program
The following is not intended as legal advice, it is a speculative preliminary/tentative assessment based on sparse information. It suggests that the PRESS and defense bar needs to move quickly to alert victims of foreclosure of possible rights –and file protective claims. There is much analysis needed to grasp all the ramifications. OCC is not cooperating at this point and refuses to provide even copies of the form for analysis. This refusal in itself should provide a basis for demanded extension of the filing time period. Is this another HAMP-like setup?
The U.S. Office of Comptroller of Currency (“OCC”) announced on November 1, 2011 that it has reached a Consent Agreement with the below-listed mortgage loan servicers—some of which are well-known large banks and investment banks–referred to as, “Independent Foreclosure Review” which allows foreclosure victims to make a “Request for Review”. You’ve got until April 30th, 2012 to file your Request for Review with the OCC. See FAQ about the new review process posted on OCC website.
Other consenting servicers are not banks but are basically collection agencies that have purchased collection rights from lenders-including purported “securitization trusts” that were used to pool loans and resell interests in the pooled loans to investors such as pension funds. The primary drivers that for the servicers agreeing to the Consent Order were: use of defective documentation to support foreclosure complaints in county courts [e.g. improperly notarized “Assignments of Mortgage”, statements of amounts due], and foreclosure evictions carried out on homeowners who were attempting to work out loan modifications under the Obama HAMP program. The Consent Agreement requires that consenting servicers send letters to their victims and fixes a deadline for making the claims of April 30, 2012. Per the OCC FAQ,
“Borrowers may also visit http://www.IndependentForeclosureReview.com for more information about the review and claim process. Assistance with the form and answers to questions about the process are available at 1-888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET) and Saturday from 8 a.m. to 5 p.m. (ET).
Requests for review must be received by April 30, 2012.”
Unfortunately not all servicers entered into the consent agreement. For those servicers, victimized homeowners either can use the same guidelines as the OCC consent to request compensation voluntarily by the servicers, and file a copy of the same claim information with the Federal Trade Commission and the Ohio Attorney General Consumer Protection Division— or use more complex judicial remedies in county courts—including complaints to set aside the foreclosures and restore ownership in the seized homes by “Quiet Title” actions. Any of these actions can be undertaken by the homeowners themselves individually or in groups, through legal aid, or through attorneys.
It appears that non-consents should be subjected to the same claim processes—through the Federal Trade Commission and state Attorneys general Consumer protection. Implicitly there is denial of equal protection absent a state right growing out of the same facts. Thus if a servicer used LPS/DOCX –MERS contrivances and was regulated by Federal Reserve and OCC, then a victim is afforded rights. But under this consent enforcement program, if an unregulated servicer [the worst kind] used the exact same procedure to abuse homeowners and the judicial system—that homeowner MUST have equal rights –but under a different venue. The claims should now be part of state law as if the consenters—particularly MERS/LPS/DOCX –have effectively confessed their actions and damages remains the only issue.
Justice demands equal treatment: arguably, a state court judge should look to the OCC action and ORDER the servicer to apply the same process, by settlement, as if it had consented where the facts are the same. ALL foreclosures should be re-opened in the state court systems unless claims are filed and accepted by OCC.

Because all of these remedies are new and untried it is impossible to assess the degree of success that any of the claimants or approaches will experience—including the claims with consenting servicers. Already consumer advocates assert that the servicer-hired claim reviewers are likely to be biased and/or poorly trained. Consumer advocates suggest that claims agreed may be arbitrarily low and may require appeals within the framework of the Consent process. In any case, well documented and coherent claims will be be necessary for justice to be done. Per Mandelman, “(A NOTE ABOUT BANKRUPTCY: If you’re in bankruptcy, however, be sure to take the servicer claim to your attorney, DO NOT FILE your “Request for Review” on your own.)”
The consent requires that the victims fall under the following classes:
You have to have been part of a “foreclosure action” on your PRIMARY RESIDENCE between January 1, 2009 and December 31, 2010. What is a “foreclosure action?” It’s one of the following four situations:
1. You lost your home to foreclosure, and its been sold by the trustee.
2. You were in foreclosure, but either because you brought the payments current, entered some sort of payment/forbearance plan, applied for a loan modification, or filed bankruptcy, it was pulled out of foreclosure.
3. You were in foreclosure, but were able to sell the home via short sale, or chose to deed-in-lieu to avoid actually losing home to foreclosure.
4. You’re in foreclosure now and you’re still delinquent, but no foreclosure sale has happened yet.
Below is THE list of the 24 consenting servicers—which is a fraction of the total servicer population but a larger percentage of actual abusive foreclosures.
1. America’s Servicing Co.
2. Aurora Loan Services
3. Bank of America
4. Beneficial
5. Chase
6. Citibank
7. CitiFinancial
8. CitiMortgage
9. Countrywide
10. EMC
11. EverBank/EverHome Mortgage Company
12. GMAC Mortgage
13. HFC
14. HSBC
15. IndyMac Mortgage Services
16. MetLife Bank
17. National City Mortgage
18. PNC Mortgage
19. Sovereign Bank
20. SunTrust Mortgage
21. U.S. Bank
22. Wachovia Mortgage
23. Washington Mutual (WaMu)
24. Wells Fargo Bank, N.A.
25. De facto MERS
26. De facto LPS/DOCX
Also signing consent orders including damage liabilities to homeowners are commonly used document creators Lenders Processing Services (“LPS”) and its DOCX subsidiary and Mortgage Electronic Services (“MERS”). Damages apparently can be claimed if these were involved—most times they were—especially MERS. The issue is the amount of financial damages—however if a homeowner was victimized by a servicer that is not named –not subject to OCC jurisdiction—nevertheless if the servicer used MERS or LPS/DOCX, then the liability is in effect joint and MERS/LPS seem to be able to be named parties in the claim.
Examples of financial injury…
EXAMPLES OF COMPENSABLE DAMAGES
The OCC FAQ lists “softball” or limited value examples of financial injury as a result of “errors, misrepresentations, or other deficiencies in the foreclosure process,” but they also state clearly that IT IS BY NO MEANS MEANT TO BE A COMPLETE LIST. It’s really more like general guidance or a starter list of examples than anything else. So, in point of fact, there could exist any number of other “errors, misrepresentations, or other deficiencies in the foreclosure process,” that could have caused homeowners to be financially damaged. http://mandelman.ml-implode.com/2011/11/occ%E2%80%99s-independent-foreclosure-review-for-homeowners-is-ready-%E2%80%93-but-so-are-the-scammers/ They ignored robosigning which accelerated fraudulent evictions—probably the largest effect. Also the robo-signing caused many to resist because it was obvious that the documentation was bogus and that the servicer may well have NO RIGHT at all to the homeowner promissory note or the foreclosed property—exposing homeowners to double recoveries. The robo-signing should be assumed generally known because it was exposed on the front page of the New York Times in October 2010—ergo subject of judicial knowledge. And public outrage. LPS/DOCX and MERS signed consents—no proof issues there but for HOW MUCH DAMAGE.
The following is a non-exhaustive list of events that give rise to claims for damages:
• ◦The mortgage balance amount at the time of the foreclosure action was more than you actually owed.
• ◦You were doing everything the modification agreement required, but the foreclosure sale still happened. If you were foreclosed on while making your trial payments, this one’s for you.
• ◦The foreclosure action occurred while you were protected by bankruptcy.
• ◦You requested a modification, submitted complete documents on time, and were waiting for a decision when the foreclosure sale occurred.
• ◦Fees charged or mortgage payments were inaccurately calculated, processed, or applied.
• ◦The foreclosure action occurred on a mortgage that was obtained before active duty military service began and while on active duty, or within 9 months after the active duty ended and the service-member did not waive his/her rights under the Service-members Civil Relief Act.
• improperly notarized “Assignments of Mortgage” or other legal documents that speeded up wrongful eviction creating excessive rental payments and/or attorney fees, or lost/damaged furnishings
• erroneous seizure of the wrong property that resulted in loss of furnishings and the greater of the reduced value of the home or repair costs if you got it back, or the greater of cost or value if you did not get it back plus emotional distress
• more more more

Per Mandelman,
“A few words about financial injury…
Determining how you were damaged or financially injured is not going to be nearly as easy as you might think. It’s not “Common Sense Court,” we’re talking about here… we’re talking about lawyers at the OCC… banking lawyers… the worst kind.
The idea is that damages are supposed to measure in monetary terms, the extent of the harm that a plaintiff (as in, you the homeowner) has suffered because of a defendant’s (as in, your servicer’s) actions, and their purpose is to restore the injured party to the position they were in before the harm happened.
In general, you should think about damages as being restoring what you lost… as opposed to being punitive, because although punitive damages may be awarded in certain situations, this is not one of them. In fact, remember… this isn’t like you’re going to court… you’ll be submitting your Request for Review to the OCC.
There are three basic categories of damages. The first is termed compensatory damages, which are awarded to restore what the plaintiff lost as a result of the defendant’s wrongful conduct. Next, there are nominal damages… a small sum awarded when someone has not suffered any substantial loss, but has been wronged nonetheless. And then there are punitive damages, which are awarded under certain circumstances to punish a defendant for particularly egregious, wrongful conduct.
But, for the purposes of filing your Request for Review with the OCC, you need to think about how your servicer’s acts directly caused you harm… and by harm, I mean financial harm.
Whenever the topic of “damages” comes up, I often hear homeowners mention the idea of mental pain and suffering. Now, there’s no question that this type of suffering is involved here, as it includes fright, nervousness, grief, emotional trauma, anxiety, humiliation, and indignity… and I think it’s safe to say that homeowners in foreclosures have all those things, and probably a few more.
On the Website, Law.com, they talk about as follows:
Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it.
But, you have to remember, we’re not talking about a court of law here, we’re talking about the OCC, so you need to concentrate primarily on how you were damaged tangibly, like in dollars and sense, which may be hard to do when the home you lost to foreclosure, or may lose to foreclosure, has no equity.
You see, as far as damages for losses to real property goes, it looks to me like they could measure financial injury related to real property by assessing the difference in the fair market value of the property before and after the injury. Not only that, but it also seems that diminished fair market value is not used as the measure of recovery, if the financial injury to real property is temporary in nature.
Now, I have no idea whether any of this makes any difference to the OCC, but I do know this: damages or financial injuries are subject to numerous limitations and legal definitions, so it seems to me that most people are going to need a lawyer to help them figure “financially injury” component out.
I’m not saying that it’s an insurmountable issue, but since the OCC has not provided any real guidance in this area, and since the OCC’s process does not offer any sort of appeals process should you be denied, you probably want to at least consult with an experienced attorney before filing.
Here are links to the various OCC Consent Orders, but check with the OCC if yours isn’t on this list, as it may not have been updated.” Mandelman ibid

◦Consent Order for Aurora Bank, FSB (PDF) http://www.ots.treas.gov/_files/enforcement/97661.pdf
◦Consent Order for Bank of America (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47b.pdf
◦Consent Order for Citibank (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47c.pdf
◦Consent Orders for EverBank and EverBank Financial Corp. (PDF) http://www.ots.treas.gov/_files/enforcement/97664.pdf
◦Consent Order for HSBC Bank (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47d.pdf
◦Consent Order for JPMorgan Chase Bank, N.A. (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47e.pdf
◦Consent Order for LPS; DocX, LLC; and LPD Default Solutions, Inc. (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47f.pdf
◦Consent Order for MetLife Bank, N.A. (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47g.pdf
◦Consent Order for MERSCORP and Mortgage Electronic Registration Systems, Inc. (MERS) (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47h.pdf
◦Consent Orders for OneWest Bank, FSB and IMB HoldCo LLC (PDF) http://www.ots.treas.gov/_files/enforcement/97665.pdf
◦Consent Order for PNC Bank, N.A. (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47i.pdf
◦Consent Order for Sovereign Bank (PDF) http://www.ots.treas.gov/_files/enforcement/97662.pdf
◦Consent Order for U.S. Bank National Association, U.S. Bank National Association ND (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47j.pdf
◦Consent Order for Wells Fargo Bank, N.A. (PDF) http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47k.pdf
Entities involved in the process
Financial Services Roundtable Housing Policy Council http://www.fsround.org/housing/index.html http://www.fsround.org/fsr/pdfs/press_releases/HARPProgram10.24.11.pdf
Hope Now Alliance
John Walsh, the acting Comptroller of the Currency http://www.occ.treas.gov/ http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-91.html
Interagency Review of Foreclosure Policies and Practices, http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-47a.pdf
FAQ
Frequently Asked Questions Regarding the Interagency Foreclosure Enforcement Actions
On April 13, 2010, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the Board of Governors of the Federal Reserve System announced enforcement actions against 14 large residential mortgage servicers and two third-party vendors for unsafe and unsound practices related to residential mortgage loan servicing and foreclosure processing.
Below are answers to common questions regarding the enforcement actions.
Q. Who can I talk to now about my situation in light of your consent orders?
A. Customers may also visit http://www.IndependentForeclosureReview.com for more information. Assistance with the form and answers to questions about the process are available at 1-888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET) and on Saturday from 8 a.m. to 5 p.m. (ET).
Q. How can I request that my foreclosure be reviewed?
A. Information about the process is being provided in mailings to eligible borrowers that began November 1, 2010. The mailings should be completed by the end of the year. Customers may also visit http://www.IndependentForeclosureReview.com for more information. Assistance with the form and answers to questions about the process are available at 1-888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET) and on Saturday from 8 a.m. to 5 p.m. (ET).
Q. My house will be sold through foreclosure proceedings in the next few weeks. Will your enforcement order prevent that action?
A. The orders are intended to ensure that borrowers are treated fairly, especially those subject to foreclosure, but they are not intended to keep lawful foreclosures from proceeding. The independent consultants and servicers have identified loans that have been scheduled for foreclosure sale. Requests for review from eligible borrowers whose loan is scheduled for foreclosure sale will receive highest priority for review, and the foreclosure sale will be suspended while the review is being performed. If you believe you were improperly foreclosed upon or have been unfairly denied a modification and you are facing imminent foreclosure, you should contact your servicer if you have not done so already; or you can also contact our Customer Assistance Group at helpwithmybank.gov if you wish to file a complaint against a national bank servicer.
Q. I’m still working with my servicer to prevent a foreclosure sale. Will I still be able to work with them?
A.Yes, continue to work with your servicer. Participating in the review will not impact any effort to prevent a foreclosure sale. The review is not intended to replace current active efforts with your servicer.
Q. Do I need an attorney to request or submit the request for review form?
A. No. The independent foreclosure review is free. Beware of anyone who asks you to pay a fee in exchange for a service to complete the Request for Review Form. However, if your mortgage loan meets the initial eligibility criteria and you are currently represented by an attorney with respect to a foreclosure or bankruptcy case regarding your mortgage; please refer to your attorney.
Q. If I request an independent foreclosure review, is there a cost or will there be a negative impact to my credit?
A. The Independent Foreclosure Review is a free program. Beware of anyone who asks you to pay a fee in exchange for a service to complete the Request for Review Form. The review will not have an impact on your credit report or any other options you may pursue related to your foreclosure.
Q. How did the OCC ensure independence of the consultants and law firms hired by the servicers to conduct and support the independent reviews?
A. The OCC and the Federal Reserve Board reviewed consultants and law firms proposed by the servicers, their existing and previous relationships with the servicers and roles in foreclosure issues to prevent conflicts of interests and situations that could result in undue influence over their independent judgment.
Q. What is the OCC’s role in the independent foreclosure review?
A. The OCC and the Federal Reserve Board required corrective action to address unsafe and unsound mortgage servicing and foreclosure processing among 14 large mortgage servicers. The federal regulators’ role is to ensure compliance with those consent orders through oversight and direction. As required by the consent orders, independent consultants will conduct the reviews of foreclosures, and determine whether errors, misrepresentations, or other deficiencies resulted in financial injury. Where a borrower suffered financial injury as a result of such practices, the consent orders require that remediation be provided. The regulators have spent significant amount of time to ensure a integrated claims process is simple, clear and fair and that the reviews are conducted consistently across servicers in an independent manner.
Q. My foreclosure sale was in 2011 but the process began in 2010, am I still eligible to have my foreclosure reviewed?
A. Yes, if the foreclosure activity was in process at any point in 2009 or 2010, if it involved your primary residence, and if the mortgage was serviced by one of the participating servicers.
Q. What mortgage servicers were involved in the independent look back review of foreclosures?
A. Foreclosure activities on a borrower’s primary residence conducted between January 1, 2009 and December 31, 2010 by the following mortgage servicers are eligible for review:
•America’s Servicing Company
•Aurora Loan Services
•Bank of America
•Beneficial
•Chase
•Citibank
•CitiFinancial
•CitiMortgage
•Countrywide
•EMC
•Everbank/Everhome
•GMAC Mortgage
•HFC
•HSBC
•IndyMac Mortgage Services
•Metlife Bank
•National City
•PNC
•Sovereign Bank
•SunTrust Mortgage
•U.S. Bank
•Wachovia
•Washington Mutual
•Wells Fargo
Q. When will I know the results of the review?
A. Individuals will be sent an acknowledgement letter within one week after the request is received. A review could take several months, because the review process will be a thorough and complete examination of many details and documents. Individuals will be notified in writing of the results of their review.
Q. I filed for bankruptcy. Am I to assume my foreclosure should not have proceeded?
A. Not necessarily, as filing bankruptcy does not prevent foreclosure proceedings in all cases. If you suspect you were improperly foreclosed upon while under protection from U.S. bankruptcy law, you may want to consider requesting a review through the independent review process required by federal regulators’ consent orders. You may also want consult your personal bankruptcy lawyer.
Q. Are your actions against servicers aimed at foreclosure prevention?
A. The orders are intended to ensure that borrowers facing foreclosure are treated fairly, but they are not intended to keep lawful foreclosures from being initiated or proceeding. The enforcement actions, which were announced in April by the OCC, the Office of Thrift Supervision, and the Board of Governors of the Federal Reserve System specifically address mortgage servicing standards for loan modifications. The orders specifically require a single point of contact for borrowers, eliminate dual tracking in cases where a trial or permanent modification has been approved, and require adequate staffing of servicer loss mitigation programs. While not all foreclosures can be prevented, these changes are expected to eliminate confusion and frustration for homeowners trying to save their homes, and ensure that they are treated fairly and afforded every protection available under law
Q. I understand there will also be sample loan files pulled for review as part of a “look-back” by the third-party consultants for each of the servicers under the Consent Orders. What if the sampling method used by the third-party consultants conducting the “look back” misses me?
A. Sampling is only one of the methods that will be employed in the review. You can ask that your case be reviewed as part of the look back process if you think you suffered financial injury as a result of errors, misrepresentations, or other deficiencies in a foreclosure action on your primary residence that occurred in 2009 or 2010. Mailings to eligible borrowers explaining that request process began November 1, 2011 and will be completed by the end of the year. Borrowers may also visit http://www.IndependentForeclosureReview.com for more information. Assistance with the form and answers to questions about the process are available at 1-888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET) and Saturday 8 a.m. to 5 p.m. (ET). Requests must be completed and submitted by April 30, 2012.
Q. I was more than six months delinquent on my mortgage. Can people like me expect remediation?
A. Remediation will be based on documented financial harm stemming from improper foreclosure practices by the servicer. If a foreclosure activity on your primary residence was in process at any point in 2009 or 2010, your mortgage was serviced by one of the participating servicers, and if you believe you have been financially harmed by improper foreclosure practices involving errors, misrepresentations, or other deficiencies, you should consider requesting a review through the third-party review process required by the enforcement actions.
Q. How do you repair my ruined credit?
A. Remediation may include the correction of information reported to credit bureaus. Eligible borrowers who think they have been financially harmed by errors, misrepresentations, or other deficiencies in a foreclosure process on their primary residence during 2009 and 2010 should consider requesting a review through the third-party review process required by the enforcement actions taken by the OCC and the Board of Governors of the Federal Reserve System.
Q. Can I contest the remedy I am given?
A. The enforcement orders provide additional rights to borrowers who may have been harmed by inappropriate or unfair practices by bank servicers, but they do not take any rights away from borrowers. If you are not satisfied with the remediation offered through the process the agencies have set up, you may still avail yourself of any legal remedies you now have.
Q. What kind of remedy can you provide for people who unfairly lost their homes as a result of illegal or inappropriate servicing practices?
A. The primary goal of remediation is to identify and compensate individuals who were financially injured by improper foreclosure actions. Compensation or remediation must be based on the individual facts of each case, and recommendations will all be made by the independent consultant. Final remediation plans will be subject to review by the OCC and the Board of Governors of the Federal Reserve System.
Q. Are you going to mandate principal reductions? Might the AG settlement do that?
A. OCC supports principal reduction as part of a servicer’s tool kit to provide sustainable modifications provided they generate a higher net present value for mortgage investors. However, the OCC is not imposing mandatory principal reductions.
Q. My foreclosure action occurred before January 1, 2009. Am I out of luck?
A. As long as foreclosure action involved your primary residence and was active during any part of January 1, 2009 through December 31, 2010 and the mortgage was serviced by one of the participating servicers; you may be eligible for a review. The heavy foreclosure activity during those years exacerbated the deficiencies found in the examinations that were conducted in the fourth quarter of 2010, which is why we focused on that period of time. However, if you believe your servicer engaged in inappropriate or unfair practices with respect to your foreclosure, you still have all of your rights to seek civil remedies outside of the requirements of the enforcement action.
Q. What information will people need to provide to request a review?
A. The form will require information on the borrower and responses to questions about how the borrower believes he or she may have been financially injured. There is no charge to customers for a review. The review will not be reported to any of the credit bureaus and will not affect a customer’s efforts to pursue options related to a foreclosure.
Q. What constitutes financial injury?
A. Listed below are examples of situations that may have led to financial injury. This list does not include all situations.
•The mortgage balance at the time of the foreclosure action was more than you actually owed.
•You were doing everything the modification agreement required, but the foreclosure sale still happened.
•The foreclosure action occurred while you were protected by bankruptcy.
•Fees charged or mortgage payments were inaccurately calculated, processed, or applied.
•The foreclosure action occurred on a mortgage that was obtained before active duty military service began and while on active duty, or within 9 months after the active duty ended and the service member did not waive his or her rights under the Servicemembers Civil Relief Act.

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32 Responses

  1. Mickey

    Start by asking Congress why they voted down BK reform — TWICE!!!!!!!

    BK reform would have have made it easy — without jumping through hoops — to identify the creditor and write-off inflated mortgage loans.

    Congress voted down TWICE. Had they not voted down —- all would be very different today.

    Why did they vote down??? Protecting distressed debt buyers — Lobbyists — have HUGE power.

  2. All,

    These are mostly meaningful posts, but WHO pray tell can help? What law firm can take on something like this and have a high probability of a positive outcome. I once heard that if one files an Adversarial Proceeding on the heels of a Chapter 13 BK and then a quiet title law suit, he or she can possibly gain a judgment and eventual free and clear mortgage. Where this is great in theory, who the hell can help with pulling it off?

    MSJ

  3. @E.Toile,

    You’re right. Not enough laughing and too much of the doom and gloom. What just happened in Ohio tonight, OWS and the class action against BoA gives me wings. Those SoB bankers really tried to pin people against each others. They lost. We may not get the result right away but it’s coming.

  4. Eww…

  5. don’t worry E tolle.

    I got it. And I LOL.

  6. @ Enraged, have you noticed we’re having our own little dirty conversation here? There’s no one else around.

    You’re nasty. I like it! Keep me laughing. We don’t get enough of that these days.

  7. 1. You lost your home to foreclosure, and its been sold by the trustee.
    2. You were in foreclosure, but either because you brought the payments current, entered some sort of payment/forbearance plan, applied for a loan modification, or filed bankruptcy, it was pulled out of foreclosure.
    3. You were in foreclosure, but were able to sell the home via short sale, or chose to deed-in-lieu to avoid actually losing home to foreclosure.
    4. You’re in foreclosure now and you’re still delinquent, but no foreclosure sale has happened yet.

    Foreclosure: (Black’s Law 5th Edition pg 581)
    To shut out, to bar; to destroy an equity of redemption. Anderson v. Barr, 178 Okl. 508, 62 P.2d 1242, 1246. A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage.

    In reference to #1. Lost to foreclosure? Legal definition of lost appears to be through negligence or forgetfulness or involuntary by accident. Nope..not lost…taken or stolen…when I get my hands on that doc, I plan to strike through that incorrect word and place the correct word; stolen. How else can I sign under penalty of perjury?

    Lost: (Black’s Law 5th Edition pg 852)
    An article is ‘lost’ when the owner has lost the possession or custody of it, involuntarily and by any means, but more particularly by accident or his own negligence or forgetfulness, and when he is ignorant of it’s whereabouts or cannot recover it by an ordinarily diligent search.

    If there is one thing I’ve learned is everything is a contract.
    1. We are bound by the terms of the contract.
    2. If we don’t understand the definition of words in the contract, and don’t raise issue with the meaning of words in contracts we are assumed to know what they mean.
    3. Whatever we sign, we are bound by.

    Opinion:
    It appears to have been drafted by the fraudclosure attorneys, as a subtle entrapment by agreement that the one signing the contract is the reason for the foreclosure.

    If one is presumed to be the reason for the foreclosure because they “lost their home” and a trustee sold it, then it may lead to limiting the amount of damages that is owed to the one at fault for ‘losing’ it.

    Otherwise, this contract would be signed by the fraudclosure business who ‘lost the home’ not the homeowner who was robbed.

    Pay attention people..there’s room to walk over everyone that was walked over. This claim form as it stands is inappropriate as a remedy for me.

    Numbers 2, 3, and 4 are not even relevant and number 1 is so unrepresentative of what occurred that I’d perjure myself by signing it without alteration or clarification or explanation.

    Same with the 1099A…they wanted me to file a tax return that I abandoned my home and they were the creditor. Signing a tax return under penalty of perjury and including that form would make me commit perjury.

    Shiesty indeed.
    End Opinion

    Light and Love
    Trespass Unwanted, corporeal, state, life, allodial, free, jure divino

  8. E Toile,

    As they say: “Head, they win. Tail, we lose!”

  9. @ Enraged, I’m glad somebody else got that….I spewed club soda on my monitor. That’s too funny!

  10. @E.Toile

    Yep. Just visualize what you saw. Well, we can always join the military…

  11. An analysis of the Request For Foreclosure Review forms by a lawyer can be found at http://www.consentorderwatch.wordpress.com

  12. Thank you saveamericaone,

    The problem is American Home Mortgage Corp. was located 538 Broadhollow Road, Melville, New York 11747 prior to it’s bankruptcy in 2007.

    Wilbur Ross & Co. LLC purchased the loans servicing rights and will tell you that they had nothing to do with the loans origination and to contact American Brokers Conduit (ABC) which is an affiliate to American Home Mortgage Corp.

    It does no good contacting a bankrupt company. Letters come back rejected and the phone number is disconnected. And AHMSI, the Irving TX. office, knows nobody is there.

    If W.L. Ross is the bankrupt purchaser of AHMSI why does it say on the AHMSI website that they’re funded by Wilbur Ross & Co. LLC when he’s the owner?

    https://www.ahmsi3.com/servicing/ahmsi_aboutus.asp

    Plus everyone knows they don’t have the true assignments or notes.

    http://www.nakedcapitalism.com/2011/08/bombshell-admission-of-failed-securitization-process-in-american-home-mortgage-servicinglps-lawsuit.html

    So AHMSI is excused from this Wrongful Foreclosure Compensation Claim Program simply because since they are not a National Association Bank they are not regulated by the OCC ?

  13. Each series of notes will be issued pursuant to an indenture. The parties to each indenture will be the related Issuer and the trustee. The Issuer will be created pursuant to an owner trust agreement between the company and the owner trustee and the mortgage loans or mortgage securities securing the notes will be serviced pursuant to a servicing agreement between the Issuer and the master servicer.

    Owner Trust Agreement and the recordholder of the securities will be DTC’s nominee. DTC is a limited-purpose trust company organized under the laws of the State of New York, which holds securities for its participants and facilitates the clearance and settlement of securities transactions between participants through electronic book-entry changes in the accounts of participants. Intermediaries have indirect access to DTC’s clearance system.

    Beneficial Owners will not be recognized by the trustee or the master servicer as holders of the related securities for purposes of the related pooling and servicing agreement or indenture, and Beneficial Owners will be able to exercise their rights as owners of the securities only indirectly through DTC, participants and Intermediaries

    If securities are issued as DTC Registered Securities, no Beneficial Owner will be entitled to receive a security representing its interest in registered, certificated form, unless either (1) DTC ceases to act as depository in respect thereof and a successor depository is not obtained, or (2) the company elects in its sole discretion to discontinue the registration of the securities through DTC

    Notes will be issued pursuant to an indenture between the related Issuer and the trustee … Certificates of each series covered by a particular pooling and servicing agreement will evidence specified beneficial ownership interests in a separate trust fund created pursuant to the pooling and servicing agreement. Each series of notes covered by a particular indenture will evidence indebtedness of a separate trust fund created pursuant to the related owner trust agreement.

    ISSUER: (within the meaning of Section 21 of the FSMA) received by it in connection with the issue or sale of the certificates in circumstances in which Section 21(1) of the FSMA does not apply to the Issuer;

    American Home Mortgage Servicing, Inc.
    Servicer

    American Home Mortgage Assets LLC
    Depositor

    The depositor’s principal executive offices are located at 538 Broadhollow Road, Melville, New York 11747 and its phone number is (516) 396-7700.

    RBS Greenwich Capital
    Underwriter

    Depositor
    American Home Mortgage Assets LLC.

    Seller
    American Home Mortgage Corp.
    (related seller of defective documents will be obligated to repurchase the mortgage loan or mortgage security from the trustee at its purchase price)

    Master Servicer
    Wells Fargo Bank, N.A.

    Servicer
    American Home Mortgage Servicing, Inc.

    Trustee
    Deutsche Bank National Trust Company.

    The trustee (or the custodian) will be required to promptly so notify the master servicer, the company, and the related Seller

    The trustee (or the custodian) will hold the documents in trust for the benefit of the related securityholders, and generally will review the documents within 180 days after receipt

    Custodian
    Deutsche Bank National Trust Company.

    Securities Administrator
    Wells Fargo Bank, N.A. The securities administrator also will act as the paying agent and certificate registrar.

    Certificates
    The classes of certificates and their pass-through rates and initial certificate principal balances are set forth in the table below.
    Minimum denominations (by principal balance) of $25,000.
    Class R-I Certificates and Class R-II Certificates issued minimum interests of 20%.

    Certificate Owners will not receive or be entitled to receive definitive certificates representing their respective interests in the Book-Entry Certificates

    Certificate Owners may experience delays in their receipt of payments, since the payments will be made by the Securities Administrator to Cede & Co., as nominee for DTC

    DTC has advised the Trustee and the Certificate Registrar that, unless and until definitive certificates are issued, DTC will take any action permitted to be taken by a Certificateholder under the pooling and servicing agreement only at the direction of one or more financial intermediaries to whose DTC accounts the Book-Entry Certificates are credited, to the extent that the actions are taken on behalf of financial intermediaries whose holdings include the Book-Entry Certificates

    Definitive certificates will be issued to Certificate Owners or their nominees, respectively, rather than to DTC or its nominee, only if (1) the Depositor advises the Trustee and the Certificate Registrar in writing that DTC is no longer willing or able to properly discharge its responsibilities as clearing agency with respect to the Book-Entry Certificates and the Depositor is unable to locate a qualified successor within 30 days or (2) the Depositor, at its option (with the consent of the Certificate Registrar, such consent not to be unreasonably withheld), elects to terminate the book-entry system through DTC. Additionally, after the occurrence of an event of default under the indenture, any certificate owner materially and adversely affected thereby may, at its option, request and, subject to the procedures set forth in the indenture, receive a definitive certificate evidencing such Certificate Owner’s percentage interest in the related class of Certificates

    A Current Report on Form 8-K will be available upon request to holders of the related series of securities and will be filed, together with the related pooling and servicing agreement, with respect to each series of certificates, or the related servicing agreement, owner trust agreement and indenture, with respect to each series of notes, with the Commission within fifteen days after the initial issuance of the securities. In the event that mortgage loans are added to or deleted from the trust fund after the date of the related prospectus supplement, the addition or deletion will be noted in the Current Report on Form 8-K. In no event, however, will more than 5% (by principal balance at the cut-off date) of the mortgage loans or mortgage securities deviate from the characteristics of the mortgage loans or mortgage securities set forth in the related prospectus supplement.

    WITHDRAWALS:

    Withdrawals. With respect to each series of securities, the master servicer, trustee or special servicer generally may make withdrawals from the Distribution Account for the related trust fund for any one or more of the following purposes, unless otherwise provided in the related agreement and described in the related prospectus supplement:

    advances…reimbursements out of liquidaton proceeds collected on particular mortgage loans and properties, amounts drawn under any form of credit enhancement with respect to the mortgage loans and properties;

    reimburse the master servicer, a servicer or any other specified person for any advances described in clause (2) above made by it and any servicing expenses referred to in clause (3) above incurred by it which, in the good faith judgment of the master servicer, the applicable servicer or the other person, will not be recoverable from the amounts described in clauses (2) and (3), respectively, the reimbursement to be made from amounts collected on other mortgage loans in the trust fund or, if and to the extent so provided by the related pooling and servicing agreement or the related servicing agreement and indenture and described in the related prospectus supplement, only from that portion of amounts collected on the other mortgage loans that is otherwise distributable on one or more classes of subordinate securities of the related series;

    to pay to itself, the company, a Seller or any other appropriate person all amounts received with respect to each mortgage loan purchased, repurchased or removed from the trust fund pursuant to the terms of the related pooling and servicing agreement or the related servicing agreement and indenture and not required to be distributed as of the date on which the related purchase price is determined;

    Related servicing agreement and indenture for the benefit of the related securityholders Indenture in the case of all other documents delivered like the Master Bailee Letter

  14. OMG, that’s too funny! Looking over saveamericaone’s stuff…I had no idea that the servicer AHMSI used the motto:

    “They did more than stand behind us.”

    Oh man, do images come to mind! I’m about to get kicked off of Neil’s site for good! SOOOOUUUUEEEEE!!!!!!!!!

  15. American Home Mortgage Servicing AHMSI

    American Home Mortgage Servicing, Inc.
    P.O. Box 631730
    Irving, TX 75063-1730
    877.304.3100
    &
    AHMSI Insurance Agency, Inc
    4600 Regent Blvd. Ste 200
    MS:DA-SOLIT
    Irving, TX 75063

    “They did more than stand behind us.
    They stood beside us.”

    Qualified Intermediary RELS
    (Escrow – Title – Insurance -Agents – Close)
    Title Exchange

    SERVICER AHMSI investors deserve a company with one direction and one voice. AHMSI looks to continue to become one company…one culture. AHMSI differentiated by a focus on creative solutions and innovative ideas, AHMSI credits its success to our talented associates, who provide our customers with service at a Higher Power.

    Offshore Operations Supervisor

    Job Title: Offshore Operations Specialist
    Job ID: 1762
    Location: Jacksonville, FL

    Regular/Temporary: Regular

    Summary
    Work in conjunction with the Offshore Operations Supervisor in providing support, guidance and direction to all offshore voice and non-voice processes. Duties may include but are not limited to training, education, assistance, motivation, reporting and overall assistance to both onshore and offshore management staff.

    Job Functions
    • Assist Offshore Supervisor with escalated complaint calls and escalated issues.
    • Work with Senior and Supervisor to monitor associate productivity, quality, accuracy, and performance to ensure that the departmental goals and service level agreements are met.
    • Assist with training of any new policies or procedures to ensure compliance with regulatory changes in the industry and with AHMSI.
    • Provide guidance and assistance to offshore Associates, Mentors and Supervisors as needed.
    • Assist Offshore Supervisor in resolving complex issues.
    • Complete audits and identify exceptions that are out of scope.
    • Provide weekly reports to supervisor on audits and recommend suggestions for improvement.
    • Conduct weekly huddles and/or meetings as required to ensure all updates from Contact Center Support and/or HRF are relayed to all teams.
    • Assist with special projects and complete other duties as assigned

    https://careers.ahmsi3.com/

    Contact Information for Optional Insurance
    AHMSI Insurance Agency, Inc
    4600 Regent Blvd. Ste 200
    MS:DA-SOLIT
    Irving, TX 75063

    American Home Mortgage Servicing, Inc.
    P.O. Box 631730
    Irving, TX 75063-1730
    877.304.3100

    ACE USA
    P. O. Box 2636
    Virginia Beach, VA 23450-4962
    800.234.7354

    American Bankers Life Assurance
    (Assurant Specialty Property)
    11222 Quail Roost Drive
    Miami, FL 33157-6596
    800.348.7569

    American Heritage Life Insurance Company
    1776 American Heritage Life Drive
    Jacksonville, Florida 32224
    800.521.3535

    American Home Shield
    860 Ridge Lake Blvd
    Memphis, TN 38120
    888.247.4777

    American Reliable Insurance Company
    (Assurant Specialty Property)
    11222 Quail Roost Drive
    Miami, FL 33157-6596
    800.852.2244

    Chartered Marketing Services, Inc
    315 W. University Drive
    Arlington Heights, IL 60004
    800.332.2853

    Consumer Assist Network Association
    (Assurant Specialty Property)
    P.O. Box 979230
    Miami, FL 33197-9980
    ID Fraud Solutions: 866.632.5335
    American Health Protect: 800.815.9658
    Home Protection Plan: 888.800.2865

    Cross Country Home Services
    P.O. Box 550607
    Ft. Lauderdale, FL 33355
    Total Protect: 800.474.4047
    HomeServe 24: 888.754.5921
    Central Protect: 800.474.4047

    Family Life Insurance Company
    10700 Northwest Freeway
    Houston, TX 77092
    800.877.7705

    Liberty Life Insurance Company
    P.O. Box 789
    Greensville, SC 29602-07
    800.813.4412

    Monumental Life Insurance Company
    (AEGON Direct Marketing Services, Inc)
    520 Park Avenue
    Baltimore, MD 21201
    800.423.9369

    Minnesota Life
    400 Robert Street North
    Attn: Financial Services Customer Service
    St Paul, Mn 55101-2098
    800.328.9343

    National Union Fire Insurance Company
    Life of the South c/o NUFIC
    Attn:Program Administrator, Dept. SD
    100 West Bay Street
    Jacksonville, FL 32202-9960
    Complimentary Medical: 877.254.0595
    Sign & Drive: 800.781.8280
    Income Protector Plus: 800.781.8280
    Complimentary Disability: 800.391.6926
    $2MM: 800.781.8280

    Union Security Insurance Company
    (Assurant Specialty Property)
    11222 Quail Roost Drive
    Miami, FL 33157-6596
    800.348.7569

    These optional programs offered by AHMSI Insurance Agency, Inc. are: Not a Deposit; Not FDIC Insured; Not Insured by any Government Agency; Not Guaranteed by American Home Mortgage Servicing, Inc. or any of its affiliates.

  16. Steve – OCWEN – FDIC
    FHMLA
    Conservatorship – Receivership – etceraship

    http://livinglies.wordpress.com/2011/11/08/drewe-fdic-awards-contact-information-for-contractors/

    http://www.fdic.gov/buying/goods/ListofAwardsandContractorContactInformation.html

    Awards and Contact Information for Owned Real Estate (ORE) Management & Marketing Services Contracts The scope of work under the ORE Management & Marketing Services Contracts, which have been awarded to the contractors listed below, is to provide contractor support at failed financial institution closings. The contractors will assist the FDIC in identifying owned real estate and provide a full range of asset management and marketing services for bank-owned real estate obtained from failed financial institutions nation-wide.

    Ocwen Financial Corporation
    Steven B. Nesmith
    2300 M Street N.W. Suite 800
    Washington, D.C. 20037
    Tel. 800-306-2432
    FDICinfo@ocwen.com

    Awards and Contact Information for FDIC Loan Servicing Contractors: The scope of work under Loan Servicing Contracts (LSCs), which have been awarded to the contractors listed below, encompasses the full range of Commercial, Residential, and Consumer loan servicing functions for loans received from failed financial institutions, which are placed in Receivership or Conservatorship and managed by the FDIC. These LSCs are charged with safeguarding assets while providing loan services, including general loan administration, debt restructuring, and collection services appropriate to the type of loan being serviced. These loans under these contracts may be performing or non-performing.

    Residential Loan Servicing Contracts–

    Ocwen Financial Corporation
    Steven Nesmith
    1661 Worthington Road, Suite 100
    West Palm Beach, FL 33409
    Tel: 202-973-2879
    Fax: 202 293-3083
    steven.nesmith@ocwen.com

  17. Leapfrog,

    Remember when we voted for Obama? Remember how much he was pushing the “no paper” everything? No-paper medical records, no-paper driving records, no-paper school records, etc? So far, they can’t seem to be able to come up with a no-paper legal/court records (that’ll be the day!) but a no-paper land records is more than troubling: it means that property changes permanently hands and we all end up being renters since we can’t access the records and/or control what goes into them.

    That bothers me right off the bat: what do we do when something happens, such as monumental worldwide sun-flare-up-triggered-loss of power? All we have to do is look at what just went on just in CT with the power loss from one lousy snow storm. Paralysis of pretty much everything until power could be restored. The other thing is: no paper means that someone, somewhere, manages all the info. Where is our safeguard against fraud? Imagine your medical records being exclusively electronic and your surgeon botches his operation and mames you for life. How can you assert your rights with a no-paper civilization?

    Last thing: the only civilizations that survive are those with writings. Remove the electronics and… writing is pretty much gone!

  18. I was reading a white paper written by the OCC, the OTS, and the Treasury released in Q1 entitled “Mortgage Metrics Report….Disclosure of National Bank and Federal Thrift Mortgage Loan Data.” Yes, I need a life. This 60 page report more than likely cost millions to research and produce and had this startling conclusion:

    “….the data in this section consistently show that re-default rates have been lowest for modifications that reduce monthly payments. The data also show that the larger the reduction in monthly payment, the lower the subsequent re-default rate.”

    Rocket science before our very eyes.

  19. There is a discussion of the form and the requirements by a lawyer at http://www.consentorderwatch.wordpress.com.

  20. I called them last week and asked what about servicers that are not on that list such as AHMSI. The representative said call HUD. HUD said call back and find out who is overseeing the program. Calling back the independent review number the representative has no idea what to do.

    The O.C.C. and the O.T.S. do not oversee AHMSI and probably not OCWEN either. Still stuck in 2009 trying to find out who has or had oversight of these private sector non-bank institutions. Please don’t say the Federal Reserve Board. They’ll just say take the matter up with your state representative. Then your representative will respond saying something like, “Ya, I voted for the Dodd-Frank Act. Why don’t you try calling HUD.”

    And the circle starts all over again.

  21. lol – Enraged – I didn’t see your posting. This IS disturbing though, isn’t it?

  22. “Tom’s going to share some things that are very disturbing… things he’s discovered are going on behind closed doors in the mortgage banking industry… thinks you probably haven’t heard about before… things we all need to know. Don’t even think about not listening to this one… you’ll be shocked, but glad you listened.”

    http://mandelman.ml-implode.com/2011/11/disturbing-news-from-behind-closed-doors-attorney-thomas-cox-a-mandelman-matters-podcast/

  23. Enraged , you and I both know that each and every policy move towards “fixing” the foreclosure crisis amounts to Obama’s crew tossing out a handful of shiny pennies to borrowers who have been assembled according to whatever program is current, in front of a large fleet of steamrollers. Our government believes firmly in our constitutional right to freedom of assembly, as long as it’s in front of Wall Street’s steamrollers. Oh, and the steamrollers have been purchased from China with taxpayer monies and insured against losses or gains by Wall Street, but that’s another story.

    So….how do we right the slanted poker table we’ve been losing at for several decades now?

    MONETARY SOVEREIGNTY

    With our own money creation, we could easily liquidate all “Too Big To Fail” banks with NO shock to the system. America would shoot to the moon in production, rehiring and retooling from coast to coast. We could fund everything necessary for an orderly, civilized life, not one built on serfdom to the 1%. It all comes down to freedom from debt and thus from private central bankers. If this comes across as utopian to anyone due to the perception that the banks and their puppet politicians would never allow it, then I pity you. There’s no hope for you. The firing squad line forms over there. Your government and their leaders on Wall Street very much appreciate your helping to expedite your demise.

    Mr. Kucinich has put forth H.R. 2990. Don’t get involved with the socialism debate, that’s simply more smoke screen to keep us off target. The U.S. would be better off with nearly any political moniker available other than the Wall Street flag currently flying over the Capitol and the White House. From H.R. 2990:

    (16) A debt-based monetary system, where money comes into existence primarily through private bank lending, can neither create, nor sustain, a stable economic environment, but has proven to be a source of chronic financial instability and frequent crisis, as evidenced by the near collapse of the financial system in 2008.

    (17) Banks increased their value by lending money imprudently, which greatly inflated the value of bank holdings, exposing depositors and taxpayers to the risks of schemes like the bundling of subprime mortgages, and ultimately bringing undercapitalized banks and the entire financial system to the edge of ruin, creating circumstances where the taxpayers of the United States were called upon to save the banks from their own imprudent lending practices, misspending and mis-investments. The banks’ ability to create money out of nothing ultimately became the taxpayers’ liability, and raises a fundamental question about a practice of money creation which threatens the wealth of the American people.

    (18) Abolishing private money creation can be achieved with minimal disruption to current banking operations, regulation, and supervision.

    (19) The creation of money by private financial institutions as interest-bearing debts should cease once and for all.

    (20) Reclaiming the power of the Federal Government to originate money, and to spend or lend money into circulation as needed, eliminates the need to treat money as a Federal liability or to pay interest charges on the Nation’s money supply to financial institutions; it also removes the undue influence of private financial institutions over public policy.

    (21) Under the current Federal Reserve System, the persons responsible for the conduct of United States monetary policy have been unaccountable to the Congress and the Nation, have resisted auditing by the Government Accountability Office, and have claimed exemptions from some Federal statutes, including the Civil Rights Act of 1964, that apply to all agencies of the Federal Government.

    (22) The implementation of United States monetary policy by the Board of Governors of the Federal Reserve System has failed to promote full employment, and the failure of the Board of Governors to safeguard the financial system against wholesale fraud and abuse of citizens, demonstrates the risks of maintaining a system wherein the power to create and regulate money has been delegated to private individuals who are unaccountable to the People of the United States in any way, even through their representatives in Congress.

    (23) An examination of the historical record demonstrates that the exercise of control by the United States Government over the money system has provided greater moderation in the supply of money and promoting the general welfare, and has been indispensable in times of national emergency for generating resources required to support public investment, provide for national defense, and promote the general welfare, and is therefore superior to private control over the money system.

    (24) As our money system is a key pillar in maintaining general economic welfare and as the Federal Reserve System and its private banking partners has consistently failed to promote or preserve the general welfare, it is essential that Congress, in the name of protecting the economic lives of the American people and the long-term security of our Nation, reassume the powers and responsibilities granted to it by the Constitution.

    Read the entire bill and then call and demand that your representatives get on board. And if you don’t, please be advised that soup kitchen lines are forming in a community near you, even though the kitchens are running desperately low on goods and are being foreclosed upon. BTW, Wikipedia has now changed their page that was “The Financial Crisis 2007-2010”, to “The Late 2000’s Financial Crisis”. There’s your new normal.

    http://www.opencongress.org/bill/112-h2990/text

  24. These banks represent white-collar criminals disseminating fraudulent bonuses through acts of Congress. These white-collar criminals attempting to cover up mistakes with lies is the worse.

  25. Our friend Mandelman is at it again. We knew a lot. Not everything but we had serious suspicions…

    Another piece of my sould leaving today…

    http://mandelman.ml-implode.com/2011/11/disturbing-news-from-behind-closed-doors-attorney-thomas-cox-a-mandelman-matters-podcast/

  26. Thanks Jordana Lipscomb -Lets see what ‘Rust Consulting’ investigating Wells Fargo self-interests are?

    http://www.idt911blog.com/2011/09/wells-fargo-scam-hopes-to-hook-victims/

    What has Cyberinsurance got to do with it? * Legal notifications of Kinsella Media LLC. ‘LEGAL SERVICES Notifications’ for huge lawsutis like Bear Stearns and Co. Inc. No 03 Civ 2937 (S.D.N.Y)

    Cyberinsurance has grown in recent years in an attempt to help businesses survive the risks and problems that come with data breaches and cybercrimes. Below are all the things you need to know about cyberinsurance to keep your business protected.

    “First and foremost this is a reputational risk,” said Cullina, who has built cyberinsurance policies for a range of small and large businesses.

    The carriers have a whole spectrum of things they have done so far,” said Cullina. “It is really a new offering in the small business world, having started around 2007 and 2008. Carriers are offering limits of $25,000 or $50,000 in an introductory type limit and then selling higher limits if the business wants to buy more. Some carriers are spreading this coverage across all their policies so all policyholders have access. Others are selling it as an optional coverage in addition to the normal commercial package.”

    The origins

    “We started to realize when it comes to data breaches, that small businesses were as exposed and even at times even more exposed than large businesses,” Matt Cullina, CEO of IDT 911, an expert data breach firm, told BusinessNewsDaily. “Small businesses are focused on the bottom line and keeping customers happy and may be not as focused on data protection. That is where we saw a need to start focusing with insurance companies to build policies for small businesses.”

    Identity Theft 911 – Data Breach Services
    Companies join forces ‘partnerhip’ provide companies with a ‘trusted advisor’ combining expert knowledge Theft 911 & Rust Consuling LLC through response and resolution.
    Joint offering at 2011: APP PRIVACY Academy in Dallas.

    Identity Theft 911 – certified fraud specialists
    (wait did they exist over past 15 years to catch loan fraud by concealment – that is not on the list – all look other way)

    Matt Cullina CEO: “This partnership combines the expertise and scalability of two seasoned businesses to offer a Comprehensive Reputation Management solution for businesses large and small,” said Jim Parks, a senior vice president with Rust Consulting.

    About IDT911:Founded in 2003,
    Identity Theft 911 is the nation’s premier consultative provider of identity and data risk management, resolution and education services. …including Fortune 500 companies, the country’s largest insurance companies, corporate benefit providers, banks and credit unions and membership organizations. Since 2005, the company has helped more than 150,000 businesses manage data breaches.

    About Rust:Clients in the legal, public, and business sectors trust Rust to design, implement, and manage complex and time-sensitive projects. With experience on more than 3,000 cases worth billions of dollars, Rust is the national leader in class action settlement administration.

    Rust and its partner,
    Kinsella Media, LLC (Washington, D.C.)
    offer a full complement of services including project management, data management, notification, claims processing, contact center services, fund distribution, and tax reporting.

    Headquartered in Minneapolis, Rust also has offices in
    Faribault, Minn.,
    Los Angeles,
    Melville, N.Y.,
    Palm Beach Gardens, Fla.,
    San Francisco, and
    Washington D.C.

    Matthew Cullina’s Summary
    Matthew Cullina has over 15 years of experience in the insurance industry, with the first 10 years focused on commercial lines, managing large loss claims and claims litigation for both The Travelers and Fireman’s Fund Insurance Companies. He has spent the past five years in the personal lines arena, most recently as director of product management for MetLife Auto & Home, where he was involved in the development and launch of a number of leading-edge products and services.

    SpecialtiesIdentity Theft 911 is an industry leader in identity management, providing innovative, enterprise-level fraud solutions and consumer education to small-to-midsize as well as Fortune 500 companies; including many of America’s largest insurance companies, corporate benefit providers and a wide spectrum of financial institutions, colleges and universities. More than 12 million households are enrolled in Identity Theft 911’s comprehensive identity management programs.

  27. @E.Toile

    Did I detect a touch of cynicism in you too?

    I want my soul back!!!!!!!!! I want to be able to trust and believe again!!!!!!!! I don’t want to live the rest of my life waiting for the other shoe to drop!!!!!!!

  28. In January 1625, the ship Orange Tree left Amsterdam with instructions from the merchant group known as the West India Company, who was financing the building of the new world colony. The instructions read in part:

    In case any Indian should be living on the aforesaid land or make any claim upon it or any other places that are of use to us, they must not be driven away by force or threat, but by good words be persuaded to leave, or be given something therefore to their satisfaction (cash for keys), or else be allowed to live among us, a contract (deed in lieu) being made thereof and signed by them in their manner, since such contracts (rent for deed) upon other occasions maybe very useful to the Company.

    For what it’s worth, evidence later suggests that the Dutch actually bought Manhattan from the wrong tribe – the deal being struck with Canarsies who occupied the Brooklyn area, not ‘Island Manhattes’. Said simply, there is a long and illustrious chain of deceit involving land acquisitions in this nation. THEY will do or say whatever is needed to get what THEY want.

    After considering all that and having smoked on this long, it’s obvious there are many more of these assholes than just the OCC ready and willing to take my land for wampum. I’ve decided not to let their lies fall upon my ears any longer. Remember Chief George’s words when he said, “White man speak with forked tongue,” after it turned out that the treaties he’d signed with Washington didn’t mean what he’d been led to believe.

    Screw John Walsh, he’s a lying rat bastard. Fuck Moynihan, Dimon, Blankfein, and Davis, they’d each sell their own mothers for a basis point on a good move. Screw all of the liars in D.C. and on Wall Street. They’ve proven time and time again to be totally untrustworthy and not at all on the side of the citizenry. And last but not least, screw CEO Obama. He’s sold an entire nation all over again, only this time it’s not for some shiny beads, but for the promise of future speaking engagements and a corner office at Goldman Sachs. Just more wampum.

  29. Did you notice that what is described a “financial injury” is nothing more than breach of law, breach of contract and/or a combination thereof? Both of which are actionable in any court of law and may give rise to much broader damages if your pursue them independently and on your own. Did you notice also that the time limits are absolutely insane, they bar most people from filing a claim? That thing is raising red flags everywhere for me. It is half-assed and designed to accommodate the servicers rather than truly and effectively right wrongs.

    Inother words, if you file a claim through OCC, you waive most of your legal rights and you probably implicitely accept to settle between $.02 and $.05 to the dollar. I dealt with OCC when my servicer started to play with my money, threaten to go after my first born and became all around nasty. I wrote to everything that moves, including Obama at the time, (sometimes, it didn’t even have to move… ) Finally, OCC got involved: apparently, anyone who pesters Obama long enough gets refered to OCC. They were going to “help me” negotiate a mod. When I saw what they would “negotiate”, I refused: I would have been in the same position as before and none of my questions was going to be resolved (i.e, why are those people getting money from me when I never signed a contract with them, they appear nowhere in my paperwork and they don’t even show up on the recorder’s docs? How do I know that I owe them a cent? Why don’t they show me something with my signature? You know, all those dumb questions no one wants to see asked…)

    Well, I was able to resolve my situation much better and much more easily by filing my lawsuit: for the past 2 years, the servicer has left me alone and I haven’t paid him a cent. To top it off, I expect my damages to be much, much more realistic (years of my life stolen, inability to study and get out my rut since my money was tied up with fees, statutory damages for all the violations, true damages for fdcpa and other chapters, my legal costs, etc.)

    Even if you were wronged, be very careful before signing up with OCC. You may be much better served with an attorney on a contingency basis since a lot of the fraud has been uncovered and OCC still does not ask the right questions. This is nothing more than an attempt at showing “some” magnanimity toward the homeowner a year before the elections.

    Damnit! That whole thing has taken all my innocence! I have turned soooooo cynical! They not only stole my years but my soul too!

  30. Bryan

    Yes — and also AHMSI —-

    I thought OCC could not review anything in litigation — Are they making an exception here??? And, why is the time frame limited?

  31. I learned that Rust Consulting is reviewing the claims made against Wells. They are located in Mpls. MN and may be in bed with Wells there. Any thoughts on that?

  32. Where is OCWEN? They by far are the worst and are not on that list?

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