Local Government and HOAs Settling Budget Crisis: Suing Banks for Priority of Liens

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CHAMPERTY AND MAINTENANCE ARISE AS WE PREDICTED HERE YEARS AGO.

Editor’s Analysis: For those of you who have followed this blog for years, it will come as no surprise that local governments are suing the Banks for back taxes, failure to pay recording fees through the private recording system as MERS et al, and that Homeowner, Condominium and Cooperative Associations have figured out that their lien might have priority over the mortgages that are recorded, but not perfected. The good news is that this pits institution against institution, where the idea of a “free house” for borrowers doesn’t poison the waters and the Judges really must rule on evidence instead of proffers of evidence that are outright lies.

In Arizona alone the potential collection of  back and unpaid taxes, fees, costs, penalties etc. comes to more than $3 Billion — that is their figure not mine. I estimated it as closer to $10 billion. The legislature wanted to move forward in enabling the AG to collect thees fees which would have completely reversed their budget from deficit to surplus.

At one time I was representing several hundred condominium and cooperative associations. I enforced their liens with foreclosure so I’m no stranger to being on the other side of this. The liens were valid because there was a declaration recorded that was specifically referred to in the deed and title insurance. The issue was did the homeowner pay or not pay. Any contest based upon mismanagement of the association was bifurcated or dismissed to be heard another day in another courtroom.

I am told that there are numerous “businesses” that are popping up buying the HOA lien and the filing to foreclose — with considerable success, because THEY unlike the homeowners are attacking the instruments of record as imperfect liens, attacking the note and supposed assignments as no evidence of any real transaction and demanding discovery and proof of payment.

So we now have hundreds of lawsuits filed by State, County and City governments for fees and transactions that were neither real nor recorded. In Florida now where I am licensed we are taking on associations as clients — but only for the actions to quiet title, nullification of the mortgage instrument and other claims related to securitization. For those HOAs where the issue is non-payment, we are happy to take them on as clients but there is no reason to switch attorneys. But usually beyond the issue of non-payment is whether the deed on foreclosure for the now abandoned property (in whole or in part) is the priority of the lien. Once the forecloser’s claim loses priority, it will established that the mortgages were not real and the debt is not secured. Quiet title does not extinguish the debt but it sure does clear out invalid lienholders who cannot prove their claim with proof of payment for the origination or purchase of the loan.

Hence the action by the HOA invalidates the foreclosure and possibly the debt as well. That is as it should be since the underwriting banks showed one set of a documents to the investor/lenders and another set of documents to the homeowner/borrower. There was no meeting of the minds. In both cases the fake documents falsified the use of funds and title creating a shell game that is still corrupting our title systems across the country.

Thus the action by the HOA, properly done, allows the homeowner to stay and pay their maintenance fees and special assessments without worrying about a mortgage foreclosure from a party claiming to be the creditor. Worst case scenario is that the supposed forecloser steps into the shoes of a lienholder that is junior to the HOA and other liens as of the date of judgment on the quiet title action. Of course if the bank cougohs up the money then there is no action for the HOA to take. The Banks know that everything stated here is true, so in most cases, except for truly abandoned property, the Bank is going to pay the lien, the attorneys fees and court costs.

This is why so many people are starting businesses that buy up the liens and then foreclose on the banks. The deal they make with the HOA is usually at some sort of discount, whereas the Bank will get little or no discount from the business that took over the lien. There is a risk here of the issue of Champerty and Maintenance on both sides of litigation here. If the HOA sues directly and at their own expense, they are not susceptible to claims of Champerty and maintenance. But the agreement to transfer the lien to a stranger to the transaction gives rise to those claims especially if there is a sharing of the outcome.

This is why I wrote a long time ago several article on Champerty and maintenance. These nominees are commencing foreclosure proceedings on behalf of unidentified people who money is at risk and the banks and other entities that are doing this are funding the litigation and expenses of foreclosure, regardless of whether it is in a judicial or non-judicial state. If there is sharing of the proceeds in one form or another then it is most likely Champerty and maintenance. A simple cause of action alleging a short plain statement of ultimate facts upon which relief could be granted is enough to get passed a motion to dismiss and it is highly likely to get into discovery given the nature of the cause of action. Seeing the actual trail of money, who paid whom, how and when will essentially eviscerate the forecloser’s “mortgage”,  Note”, assignment and “substitution of “trustee.”

It is classic Champerty and Maintenance that if the principal to whom the money is owed by the borrower has decided NOT to pursue the claim that an interloper will be almost automatically be branded as a party whose interest results strictly from Champerty and maintenance. It is a very old doctrine but I have canvassed several states and it is still very much on the books and still used.

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64 Responses

  1. [...] Local Government and HOAs Settling Budget Crisis: Suing Banks for Priority of Liens (livinglies.wordpress.com) [...]

  2. White House presstitute, Jay Carney said the appointment of Jack Lew as Treasury Secretary is about DEBT and a better economy. Hey idiot…..Whose debt is it….? Not ours….and the economy stinks because of Obamas last appointment, robberbaron for the rich, Geithner. Jay Carney and the entire Obama administration including the majority of Congress and the Senate all need to get psychological and drug testing.

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  4. The HOAs & the real estates are working for the banksters too….they aren’t fraudclosing for themselves …they are stealing for the banks.

  5. If there is fraud anywhere in the legal contract by the Issuer, the only other party to that contract is the person or persons who were induced to sign that fraudulent contract…ALL OF US..the stakeholders…The States were not a party to that contract. The States are scamming for the FEDSTERS too.

  6. Perhaps the judges are going by the rule of law and know it. We file cases on parties that lack standing and admit it in our case of lacking standing especially in non judicial courts

  7. Can not legally sue a party who has no interest. Perhaps we have been doing this wrong in non judicial states especially. Sue the John Doe and Jane Doe for quiet title. And ask the lawyers for affirmation of proof of authority to represent. what do ya think, since I am not an attorney.

  8. Sorry I am having issues with the entire post posting I am trying to send you a copy of a great case sueing John Doe and for quiet title. Since we dont know who owns the mortgage and we know the frauds dont.

  9. SINCE THE SERVICER NEVER GAVE US THE REAL PARTY OF INTEREST. AND SEND A NOTICE OF AFFIRMATION OF PROOF OF AUTHORITY TO REPRESEN. SINCE WE HAVE NEVER BEEN GIVEN THE REAL PARTY TO SUE. I SENT A FDCPA LETTER OF DEBT DISPUTE THAT WAS NEVER ANSWERED. ALL CASE LAW AND DEPOSITIONS PROVE WAMU WAS NEVER TRANSFERRED TO CHASE. I HAVE PROOF MY LOAN WAS CASHED BY LONGBEACH INTO BLANK AND WAS INTENDED TO ENTER A PSA, BUT NEVER DID. THE DEED OF TRUST IS ON FILE UNDER LONGBEACH NAME. THE NOTE WAS SEPARATED FROM THE DEED OF TRUST. CARPENTER V LONGAN 1872 US SUPREME COURT ! I HAVE NEVER SUED JANE DOE OR JOHN DOE.

  10. Before my case as pro se against the city mayor here and the city, I asked for the record I would like to know you, Judge Carey read my case in full.? She told me she read my case in part and handed it to the baliff to read and did not bother going through the exhibits. Then on the audio I ordered the judgehad tampered with teh audio, however I have a physical witness that was studing to be a paralegal unitl my case turned her stomach. The audio has the judges voice on it stating I have read your case in full, I even measured it with a tape measure WOW! The judges dont even read the cases or view the evidence. They give you five minutes or less in oral argument then chop off your head in some of the courts. I believe I had fifteen minutes. To me she clearly committed a crime in her own court room.

  11. Important to put the De Novo on the Appeal.That ask the court to look at the case like it had not been viewed yet and consider everything.

  12. hman, appellate rulings are reviewed as new cases, de novo, but only on what was presented in the record.

  13. The judges ignor the rule of law and dismis them without due process and discovery. They dont care if you have proof of robo signers and fraud. or an attorney.

  14. There are mass tax increases and massive inflation/deflation is on its way soon. As a result of the next phase of their robbery, there are going to be millions more job losses and stolen properties. That is coming everyones way. The obamanation are going to feel the treason of their hero in a big way. That is why they want our second amendment. They want to control the fraud and chaos they are creating. We need a real tea party, not the stupid one that tells people you can vote out these appointed dictators. The only way to stop them is to invoke our legal rights and stop complying, conforming, cooperating and doing business with these criminals. These appointed dictators tell all of us what to do and have millions believing their power is superior to the people…? OH HELL NO IT’S NOT…!

  15. How has the issue of non judicial fraudclosures being unconstitutional and therefore illegal not been taken up with the Supreme Court yet…? That is the question I have. No due process in regards to real property ……property ownership is freedom and what these States are doing is criminally heinous. Our enemies are stealing our property right out from under us. People are so severely brainwashed they will accept anything. That is the problem. There are millions of Americans willing to accept non judicial fraudclosure, short sales, loan mods, walk away, keep paying on property that is underwater, or take $800.00 as a fix for the theft of their freedom. IMHO…the crooks believe we will accept anything. That is startling….that is more frightening than the crooks who robbed us.

  16. @ hman

    That is why I asked you on what basis did the judge dismiss the case. Very important to how you craft an appeal. If it is 12(b)(6) easy… subjective at the very least. The appeal needs to stay very tight to the law…I am in one. Just a footnote: the higher courts adhere to the law much stricter than the district courts. My attorney and friend told me once: the district courts are COWBOY courts, in that they rely much more on the arguments, than the rules of procedure and cases that substantiate the arguments. Just my piece…

  17. anybody hear how George Babcock did yesterday?

  18. MERS is your ally in foreclosure defense?

    http://www.examiner.com/article/why-mers-owes-homeowners-foreclosure-a-legal-defense

    This is why Maher says to embrace MERS in your mortgage.

  19. @Hman – why don’t you do a motion for reconsideration add the evidence docs, arguments, you want so they are of record then when you appeal you want those docs part of the appeal process – do a motion for reconsideration first – get into record what’s missing and then if the court denies – then appeal but you’ll have stuff in the court’s docket as of record to send to the appellate court later -

  20. How about this legal argument……MERS IS NOT A BANK…..ARTICLE 1 SECTION 9 …..No Bill of Attainder or ex post facto Law shall be passed.

  21. [...] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: CHAMPERTY AND MAINTENANCE, condominium association, cooperative association, debt, HOA, homeowner association, LIEN PRIORITY, Mortgage, note, NULLIFICATION OF INSTRUMENT, quiet title Livinglies’s Weblog [...]

  22. Another Jeff Barnes case before the Supreme Court to decide on MERS.

    Oregon Supreme Court hears key foreclosure case

    The roles of the electronic mortgage registry and the judicial system will be decided

    By Jonathan Cooper

    The Associated Press

    Published: January 9, 2013 12:00AM, Today

    SALEM — The Oregon Supreme Court will decide the future role of an electronic mortgage registry that’s become central to the banking industry’s lending and foreclosure practices.

    Justices heard oral arguments Tuesday in a key legal challenge that has significantly slowed foreclosures in Oregon. Their decision, expected later this year, could resolve years of uncertainty around the role of Mortgage Electronic Registration Systems Inc., which lenders use to keep track of the ownership history of mortgages and trust deeds.

    A state appeals court ruled in July that lenders using MERS must go through the courts to begin foreclosure proceedings. Since then, so-called nonjudicial foreclosures, which used to comprise nearly all foreclosures in Oregon, have all but stopped as lenders have turned to the court system or waited out a definitive ruling on the status of MERS.

    If the Supreme Court upholds the appeals court’s ruling and the Legislature doesn’t change the law, “it means we’ll continue to see judicial foreclosures in Oregon,” said Kelly Harpster, a lawyer who represents homeowners on fore­closure matters but isn’t involved in the case. It’s unclear what would happen to foreclosures already completed, although the court has been asked to rule on that question, Harpster said.

    The nonjudicial process is faster and cheaper for lenders. The Oregon Legislature authorized the process in 1959, allowing lenders, under certain conditions, to sell a property when the loan is in default. One condition was a requirement that changes in the “beneficiary” of the trust deed be publicly recorded with the county.

    The mortgage industry created MERS in the 1990s to make it easier to bundle and sell home loans on the secondary market. MERS is listed in the deed as the beneficiary, and the service tracks the actual owner of the loan through an internal database.

    The Supreme Court heard a case brought by a Clackamas County homeowner, Rebecca Niday, who challenged a trustee sale of her home scheduled in 2010. She argued that MERS never received any loan payments so it could not act as beneficiary of the trust deed. She also argued that a non­judicial foreclosure would be illegal because the transfer of her loan to a secondary lender was not recorded with the county.

    A lawyer for Niday, Jeff Barnes, argued that the non­judicial foreclosure process is an “extraordinary remedy requiring strict compliance,” because it’s allowing a lender to take a home­owner’s property without a judge’s involvement.

    State and federal trial court judges around the state have come to different conclusions on similar cases, and MERS has pointed to dozens of lower court decisions upholding its role in the lending process.

    Because of the differing conclusions, the federal district court in Oregon has asked the state high court to resolve questions about MERS separately from the Niday case.

    Lenders said they’ll ask the Legislature this year to make it clear that MERS is operating legally regardless of the Supreme Court’s decision.

    They’ll face an uphill climb in the Legislature, however, after Democrats took control of the state House. Incoming House Speaker Tina Kotek has been a vocal critic of lenders’ fore­closure practices.

  23. Legal Ethics
    Head of Fla. Foreclosure Mill Firm Agrees to Shut Down Law Practice

    Posted Jan 7, 2013 2:20 PM CST
    By Martha Neil

    The head of one of Florida’s well-known so-called foreclosure mill law firms has agreed to state bar discipline that will require him to close down his law office.

    Marshall C. Watson has also agreed to a 91-day suspension, which will require approval by the state supreme court before he can be readmitted to practice, the Palm Beach Post’s Real Time blog reports.

    The consent judgment, which must be approved by the state supreme court before it takes effect, says Marshall did not properly supervise his law firm employees and failed “to develop, implement and maintain acceptable policies and operating practices for his firm,” the newspaper reports.

    Among other issues, the document says a Watson attorney was paid $1 for each of the 150,000 affidavits in which the lawyer said he had reviewed and attested to the reasonableness of fees charged. However, at least some of the affidavits weren’t signed in the presence of a notary, as they were supposed to be, and “in numerous instances” the lawyer was given only the affidavit’s final page to sign, the Post recounts.

    Such “robo-signing” practices were reportedly widespread throughout the country during the deluge of foreclosures that followed the mortgage meltdown of recent years, and Florida, which had more foreclosures than most states, drew criticism over the pace at which such cases were processed, both by law firms and by the courts that oversaw them.

    At the height of the foreclosure crisis in 2009, the Watson firm had 66,000 cases, 71 lawyers and nearly 600 support staff, the bar’s consent judgment says.

    “This crisis is the lowest point in the Florida Bar’s history,” attorney Roy Oppenheim, who defends homeowners in such cases, said of the way foreclosures have been handled in the state in recent years. “The fact that the Bar is recognizing this is a catharsis and a healing process. It requires all of us to look in the mirror.”

    The newspaper says further legal ethics cases over foreclosure abuses are likely. The agreed action against Watson, according to the Post, may be the first such punishment of any lawyer in the state.

  24. The check can not go to someoneelse to cash It is void. Uncollectable a new one has to be issued. The notes are not even real but fraud photos and if they were wet stamp they are still void. By contract law. However no windfalls for the homeowners by biased judges. After all the hell our families have been put through.

  25. http://www.scribd.com/doc/47338403/Deutsche-Bank-Response-to-FDIC-and-JPM-Motions-to-Dismiss The case where Deutsche Bank Nat’l Trust V FDIC, Chase, WAMU, Deutsche bank states Chase did not transfer the notes timely therefore they are faulty. The PSA clearly states if the notes are not transferred timely they are void and discharged; So even if the note is wet stamped how can the note that has been voided and discharged be collectable. lIke a check that has been become void afer six months.? Void is Void. Uncollectable! No fault of the homeowners,

  26. Why isn’t Animal Farm on the Public School Syllabus …..? Because really intelligent kids might “get it”and realize the Animals Orwell depicted as fiction were symbols for the animals who are running the country from behind the scenes and the whole scenario was predicted and coming to reality a little more each day. Not to say this isn’t a global horror but we have a Constitution and we should have never have allowed it to get this far. This is the result of traitors from within and good people knowing the truth for decades and saying and doing nothing.

  27. Animal Farm is not even on the Public School syllabus….that’s right….H.S. students are all over Facebook & other social networking sites saying they haven’t read a book all school year and all the teachers do is let them watch movies like Crash and Shrek….and a smathering of brainwashing documentaries about illegal immigrants …

  28. Read all about it….PROFESSOR QUESTIONS NEWTON SHOOTING – SAYS THAT CRISIS ACTORS PLAYED ROLES…

    http://www.fourwinds10.net/siterun_data/entertainment/drama/news.php?q=1357746340

  29. That’s right Shelley…. The signature that is affixed onto any instrument is only valid until it is discovered that false representations of the facts relevant to all the elements of the transaction were deliberately orchestrated, and you were wrongly induced to sign because of those false representations.

    A State statute is only valid until proven otherwise.

  30. YUP! That is why I always call it alleged debt. There is no debt by the homeowner as crazy as that sounds, due to the crime by the banks own hands. No fault of our own. We just soon none, and I mean none of this crime had happened and we just paid our mortgages with the incomes the banks ruined for us.

  31. They weren’t loans….. the mortgage contracts were fraudulently induced 10 year mortgage bonds and the notes were cashed for 10x their value at the ORIGINATION and further destroyed by overissuing investments in them in many ways. Fraudclosure is just part of the credit default insurance scam….they incentivized their perps to steal our property by putting the wheels in motion with the loan mod scam. The States are stealing through the courts under the guise of enforcement of the law that something of value is owed and they are doing a service. THEY ARE NOT….THE COURTS ARE USING LEGAL THEORIES…NOT BASED IN LAW OR FACT….AKA…COLOR OF LAW & FICTITIOUS DEBTS…COLOR OF MONEY WHEN THE CONTRACTS & THE NOTES NEVER EVER EXISTED BECAUSE OF THE ORIGINATION FRAUD….THE FRAUD AT THE ONSET…..THE FRAUD IN THE FACTUM….

  32. Hman,

    I don’t have your answers but may I suggest that, for the appeal, you try as much as possible to find an attorney? Contact everyone who is someone and ask for recommendations or referrals. I realize it’s tough when you don’t have any money but losing an appeal on technicalities when you had a chance to prevail would probably be the most devastating blow.

    I understand money is very tight. Any way you can find a good attorney would still be the prudent thing to do. Appeals court is a bitch.

  33. They will never fight for us….this is our fight and ours alone.

  34. Eat crow is out of money. Now they are coming for the Obamanation….the people who put all their faith & confidence in him.

  35. We are tired of being bullied and manipulated. We really thought this could be fixed outside the courts. What fools we were …!!

  36. How come Cease and Desist are not being used more in the foreclosure process, along with the letter of debt dispute afforded by the FDCPA? I understand a notice of Cease and Desist stops even sales at auction within days of the auction. And should a Cease and Desist be sent by certified mail from people waiting for their results and terms they are being sent from the Independent Forclosure Review ? The terms and admission of the review could change their case and also give them funds to litigate if lucky at all. No trust in this review and funds being significant at all.

  37. Did you sign it?

    ‘Stop the OCC’s Secret Bank Settlement’

    http://signon.org/sign/stop-the-occs-secret

  38. The entire banking industry is one big scam and so blantant about it anymore. There will be no prosecutions now or ever says our government. So eat crow tax payers and homeowners? People are beyond angry and have lost all trust with our government officials and the banksters. It will bite them in the butt sooner or later. The real money holders, the investors, call the banks black boxes. Should be black hole boxes. Endless loss of money never to hit bottom unless our officials wake up that crime does not and can not pay. The well is dry! And no one trust them. Total lost trust! Banker is a foul name. .NO integrity for behemoth banks nor the smaller banks, nor our politicians supporting and enabling them.

  39. Addendum. Not legal advice im
    Pro se
    Also hman- go to court of appeals 9th circuit website sll
    The rules are on there to download

  40. Guest
    The burden if proof was on them in my case
    Unreal situation i dont need to tell you this
    There burden was met like this pretty much
    ” here is the deed of trust here is the trustees deed upon sale here i am big law firm and we bave a meeting of minds now dont we judge”
    I had council at that point – i released them after that. but the proof was no proof but was taken as true because – questions of fact were raised and ignored. Hence appeal.
    hman. True you can only raise on appeal the issues re the ruling on the case as presented. No new argument allowed. Best of luck. Get all the transcrips of arguments asap

  41. @Shelly … they have almost $50,000 of our money stashed in a special purpose suspense account. It is kept there and not applied to payments until the loan is brought current or fc’ed pm. The problem with bringing the loan current …. is they ALWAYS KEEP IT IN DEFAULT (even when current). Ask yourself why they would do that? Now when the fc is compleded, they keep that money as fees and your default date and deficiency judgement date back for payments you already made. Nice Scam!

  42. It is the FED SHAREHOLDERS..OF THE BANKS…..WHO ARE THE 8 LARGESSE FAMILIES…..THE BONDHOLDERS/ INVESTORS ….THEY CONTROL FROM BEHIND THE SCENES OF THEIR CRIMES VIA THE 4 LARGE INSTITUTIONAL INVESTORS…THEY ARE CREDIT LENDING ….WEALTH STEALING INVESTMENT SCAMMERS..

  43. That is correct. Chase has not credited the five mod payments of $3200.00 to my account either.Probably pocketed the five payments.

  44. THE FED DEFAULTED FIRST……& SO MUCH MORE FRAUD THAN THAT……..THAT IS WHAT THEY ARE HIDING…..THE ORIGINATION FRAUD AND THE SUBSEQUENT QUADRILLION DOLLARS IN DERIVATIVES INVESTMENT FRAUD… HAMP was a method and a ruse for what they really intended….under the guise of HELP FOR HOMEOWNERS…..to clean out the TREASURY with FICTITIOUS AMOUNTS & FRAUDULENT CLAIMS….. CREDIT DEFAULT SWAP INSURANCE AND ALREADY PAID NOTES TO STEAL OUR PROPERTY…..AIG WAS $600 TRILLION IN THE RED ON THEIR BALANCE SHEETS AT THE TIME OF THE BAILOUTS ….. BUT COLLECTED QUINTILLIONS OR QUADRILLIONS IN PAYMENTS….LETS JUST CALL IT GAZILLIONS….IT IS NOT THAT THESE CROOKS JUST NOT WANT TO PAY THEIR OWN BILLS….NO…..THEY USE SECRETS…LIES & DECEPTION AS A TOOL TO DEFRAUD US …THEY HAND US THEIR BILLS THAT WERE ALREADY PAID….AFTER THEY STEAL EVERYONES PAYMENTS …..

  45. What I know at this point is they (whoever they are) are trying to extort us for over $15,000 is escrow fees. What is the problem here ? You have a homowner who can and is willing to pay his only debt, who maintains his property and pays his taxes…. but instead of paying his creditor (whoever that is) P&I, he is paying thousands in attorneys fees to dispute the amount owed. Are you kidding me? They can extort and collect another $15,000 from you and only repay you 800 buck in a a settlement.

  46. ……is safe or secure in this environment….NO ONE…

  47. Scammers always take on new identities to continue their scam. NO ONE

  48. The BANKS are more than out of control. They are emboldened predators who are masters of deception and masters at the art of the con. They need to be shut down. The problem is they hit their victims randomly so that you can’t pinpoint a particular bank…but they are all doing it and they are all getting away with it doing it by DBA separate entities when the truth is they are really one giant MEGA CORP…It doesn’t matter if they call themselves Walmart or Target or the Jewel…or Bayview or PHH Mortgage or Chase bank or COM ED or your local public school, a judge or a politician …..they are all controlled by one entity…the FED SHAREHOLDERS & THEIR INVESTORS….

  49. Interesting article. Sorry have a couple questions little off topic.

    Is anyone familiar with the appeals process? Specifically in AZ. My understanding is that there is no evidence allowed. You are only permitted to argue why the first judge was wrong. Does anybody know if this is correct? Also, can you add additional facts to your original and amended complaint or are you just permitted to argue the facts of the complaint that was dismissed.

  50. Pardon me alleged default not default.By modifidation and abuse of the HAMP program.

  51. It will be interesting to see if this HOA fee arrangement and lawsuit can be used to remove the foreclosure action from the homeowner WITH PREJUDICE so that the bank cannot come back and sue you again.

  52. My attorney figured out since attorney Melissa Huelsman told me to stop paying Chase servicer when modification fraud occurred which was November of 2009, that non paid payments total up to $144000.00 and Chase claims $243,000.00 in back payments are due. An excessive difference. I like so many paid five mod payments to be told I was unapproved and the mods were being considered to be partial payments now so I was litterally drug into default by the HAMP program.

  53. I wish I had the answers Deborah. What I have is facts, 1) NO LOAN MOD WILL FIX OUR TITLE (those QT fees with bite you in the butt later). 2) We dont know who owns our loan, and after falling to the pretender game once before … I will not do it again without Proof! If we file QT the burdon of proof is on us (the same burdon of proof that is on bankster in fc action). So we are at a standoff …. who is going to file and be left with the burdon of proof? Not Us! So they keep playing the I paid the taxes game with us. Yep … we have to prove we paid them and their account docs are fraud once again.

  54. Yet another bankster scam….here’s another…The banks are charging excessive fees and cleaning out bank accounts; then telling you that you owe them fictitious amounts; ruining your name and credit and blaming you.

  55. @guest
    What do you say to a court order (title quieted) obtained by the concealment of pertinent material facts known or should be known ( are known) from the court/ judge
    When there was proper presentment of questions of material fact re same and denial of due process.

  56. To Whom it May Concern,

    I’m in Miami and I won a foreclosure case against the bank for 5 years, dismiss without prejudice, and even collected attorney’s fees. Now I want to Quiet Title, however, no lawyer wants to do it. I’ve called 35 maybe more. Do you know how to to them or could you refer me to a lawyer who can provide me this service. You can email me back with your answer, or if you wish to speak with me, you can reach me at my cel 786-413-6868.

    Paulo

      Paulo A. Musiate Kelly, MBA

    The information contained in this electronic mail message is privileged and confidential intended only for the individual or entity named above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or electronic mail and return the original message to us.

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  57. The one thing that has NOT changed over the years is this … “The Homeowner.”…….. 1)… YOU NEED A COURT ORDER TO CLEAR YOUR TITLE (QT) before any transfer or sale. 2) … YOU NEED A COURT ORDER TO CLEAR THE DEBT TO PREVENT ANOTHER THEIF FROM TRYING TO COLLECT THE SAME DEBT MULTIPLE TIMES IN THE FUTURE ( BK). Well played …. !

  58. Yep! You Nailed it Neil! Keep up the Maintenance, HOA Fees and Property Taxes! And when they come knocking at your door, …. They have Nothing! Nothing! Nothing! If they File FC for these items (YES.. they are still Duel Tracking)… Make them prove up and not just proffer!! Then Slam them with Fraud upon the Court, Criminal Slander to Title for Starters! Go into BK 11 or 13 and let them Greedy SOBs who are trying to Extort you kiss your biskets!!

  59. for the same reason the Government wants to take the guns from the people, the Banks know they cannot win a guerilla warfare…….

  60. if homeowners/HOA were really smart, they would have the HOA , which are the same people afterall, foreclose on every townhouse in the Association and then let the homeonwers pay back the outstanding balance before any sale of each townhouse…..yeah the lowlife attorneys will of course skin their vigs, but its still a great outcome , 200+ neighbors all mortgage free and with clean titles

  61. Gretchen Morgenson | Yet Another Favorable Fraudclosure Settlement For Big Banks (VIDEO)
    Marshall C Watson Foreclosure Mill Shut Down After Guilty Plea And Consent to Judgment, Changes Name to Choice Legal Group

  62. Question – what if instead of a HOA lien you had a Fed tax lien? What if the Fed tax lien was filed before the assignment (which is fradulent most likely robo signed – created by Litton years after the so called originator filed bankruptsey) was filed. Can one buy a federal tax lien? If an individual can, then could they also foreclose? Is this even possible – just wondering if I should read up on this.

  63. “The good news is that this pits institution against institution, where the idea of a “free house” for borrowers doesn’t poison the waters and the Judges really must rule on evidence instead of proffers of evidence that are outright lies.”

    How is that good news? the homeowner still loses all of the money he put into the property

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