Peeling the Onion: Morgan Stanley Forced to Produce Documents Corroborating Illegal Acts

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For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think).

Editor’s Comment and Practice Tips: There are two things you should know going into foreclosure defense. One is that the best decisions on the trial and appellate level came from cases where both sides were institutional in nature. So if the adversaries were both banks, or one was a managed fund, or perhaps a Homeowners or Condominium Association, the Court was a lot more receptive to the same arguments they routinely rejected from Borrowers. That alone suggests some strategies both for investors and homeowners (particularly those hard hit by the mortgage meltdown). The second is that an increasing number of courts are, in the words of one judge who WAS ruling routinely against borrowers, “getting tired of the sloppiness” with which the loan deals were originated, allegedly transferred and claimed as owned by one of a number of parties. They are entering more orders requiring proof of loss, proof of payment and proof that any financial transaction took place in which the forecloser was either the recipient (payee) or the payor of actual money that exchanged hands.

We have seen how the same homeowner with the same property has been assaulted by two completely different “holders”, neither of whom were creditors, each claiming to be producing the original note — and there it was in all its glory, two “original” notes both of which had been printed the previous day on a very good printer. We have seen how the appraisals went further and further off the reservation under pressure from the banks and how the applications were changed under pressure from the banks to close the deal regardless of outcome or viability of the loan.

Strategically I have been encouraging practicing attorneys to pay close attention to the dozens of lawsuits filed against the banks by institutional plaintiffs — pension funds that bought bogus mortgage bonds, government agencies whose findings might be incorporated as fact in your case (especially if the case settled), HOA’s and banks fighting over priority of liens. The facts alleged are fairly uniform — all leading to the conclusion that the loans were neither underwritten in conformity with industry standards (leading to fraud or breach of contract actions) nor supported by documentation that is enforceable (i.e., the mortgage lien was never perfected and the note was incorrectly fabricated and executed without consideration from the named payees or nominees.

The latest rumble over the lack of prosecution on this mortgage mess has produced the resignation of the guy at DOJ who was supposed to be prosecuting these cases. Maybe the change will come. But by this time int he Savings and Loan scandal of the 1980″s there were more than 800 people sitting behind bars with others on probation. The PBS piece “Untouchables” has kicked up a fore storm over the issue of criminal prosecution. Those cases too should be watched carefully and your wording in your pleading ought to be as close to their wording in their lawsuits especially where they have already survived the usual motion to dismiss.

Robert Schiller the economist who created the black letter basis for measuring economic data relating to the housing industry says we are far from done with the damages and debris left by the mortgage meltdown. And out of 105 economists who participated in an independent survey very few had anything good to say about housing or the economy — with the two inextricably entwined. Fixing housing is not merely about stopping foreclosures or increasing modifications. At the heart of the mortgage meltdown was fraud.

And fraud comes in two flavors — civil and criminal. Both require receivers and restitution if prosecuted properly. Investors and homeowners alike are entitled to receive as much restitution as possible that can be clawed back by properly appointed court receivers. Both were decided by appraisal fraud, by deceptive disclosures in which the actual lender was intentionally concealed so that the investment bank could claim ownership and buy insurance payable to the bank instead of the investors, buy credit default swaps with the same result, and apply for Federal bailout with the same result.

Housing won’t be fixed until the corruption of title caused by a nominee on the mortgage and nominee on the note is fixed and settled. The economy won’t be fixed until investors get their share of the insurance and bailouts. The consumer sector won’t be fixed until all that is done, because it is only after the money is allocated to the investors that we can know the actual balance due, if any, on any of the loans.

One thing we know at this point is that most foreclosures (at least 65% according to the San Francisco study) are initiated by “strangers to the transaction” who were not creditors, holders or anything else that would entitle them to enforce the closing documents on a loan that came not from the named payee but from another source entirely. We know that the “credit bid” submitted at auction was pure fiction and fraud and should be corrected in the property records. And we know that the the proceeds of insurance, credit default swaps and federal bailout should be applied to the receivables owed to the investors. Lastly, we know that when those monies are allocated the balance due on those receivables will be far less than what has been or will be demanded from borrowers in past, present and future foreclosures.

 

NY Times: Morgan Stanley Forced to Reveal Truth

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123 Responses

  1. Ray Shelton, on December 19, 2013 at 12:20 am said:

    US Bank and SN Servicing has submitted Forged documents in our federal bankruptcy case too and we will never stop perusing them in court for damages. We are also asking our Federal judge to prosecute their current attorney out of Jacksonville Florida who continued to defend this case knowing that forged document are before a federal court. All the offending parties at SN Servicing and their attorneys are committing a serious crime against our country. We have filed a formal complaint with the FBI and the US attorney general and many great Judges all across this nation are finally stopping them from this kind of fraud on American families. US Bank and SN servicing and their attorneys are also violating a serious consent order that was to protect the people from these crimes but they could care less. Please feel free to have your clients join a class action suit so that we can end their behavior with a multi billion dollar punitive damage suit. Join us, call Ray Shelton in Florida at 352 274 8467

  2. Not quite right – take two: if the bankster has insured and received, and the investors have security interests, the investors should have rights of equitable subrogation to those insurance proceeds and not find themselves with mere security interests in diminished-value assets (diminished by insurance payments to the banksters) or even still owed money on the basis of the notes as collateral themselves. Now for a fact, I don’t personally know that one bankster insured these notes. But AIG’s obligations in that regard threatened a total global economic tsunami, so somebody sure the h insured something. When and how? I just don’t know what to make of what’s going on here. Is the IRS shining the tax consequences to investors AS LONG AS they don’t sue on the basis of non-delivery and limit their suits to “these loans are garbage”? And if the banks actually sold the loans to the trusts (in lieu of creating security interests), thereby dumping the risk of defaults by homeowners on investors, why would banks fail – think TARP – by borrower’ defaults (UNless they had guaranteed the loans)?

    And btw, how are these notes negotiable instruments (if they ever were) if they are dead-ended at trusts, with NO one able to transfer them to anyone else?

  3. When Obama said that what the banksters had done – my interpretation – was maybe immoral but not illegal, could he have been so naive and or uninformed as to not know that one must have an
    interest to insure? I’m no insurance-guru, but if one profits from another’s loss, that’s a bet, not insurance, right?. So whose loss was it as a matter of fact? Okay, scratch that for a minute and what about this: If I contract with you to sell you notes and you pay me, but I don’t deliver, under (my understanding of) the UCC, you get security interests until (and if) the notes are endorsed and delivered and that means something also as to who has the right to enforcement, the right of recourse on the note itself. And I’m not certain what that is.

    So if I never get around or do get around but ‘rather belatedly’ to giving you the notes which I have insured, long and short, for my own benefit and I do benefit, is it that this is – as to YOU – merely possibly immoral but not illegal? But then, that can’t be because, if for no other reason (UCC), the insurance payments would (would they not?) retire the note, so what would there be to belatedly endorse and deliver? A note with little or no balance owing?
    That’s hardly seems lawful, so it suggests to me that under the security interest provisions of the UCC, the investor is entitled to the insurance proceeds. Well, maybe it is kosher for all I know, and it just means
    the balance of your security interest is now unsecured. But that doesn’t seem kosher, either – otherwise “security interest” means nothing. as in no “security’ interest.
    How were the banksters able to obtain and retain insurable interests if they actually had transferred the notes? To what was Obama referring when he said “immoral but not illegal”? Stripes, do me a favor here, if you’re still on this page. Don’t come back with Obama’s this or that; it won’t be helpful. What I want to know, what we need to know, is what might have been meant by those words out of the mouth of an honest (if naive or uniformed) man. Anyone?

  4. NG said:
    “Both were decided by appraisal fraud, by deceptive disclosures in which the actual lender was intentionally concealed so that the investment bank could claim ownership and buy insurance payable to the bank instead of the investors, buy credit default swaps with the same result, and apply for Federal bailout with the same result.”

    Okay, but an alternative is that the banksters actually retained the
    insurable interest with the investors receiving mere security interests for their money, which imo is what would happen if the investors forked over the money, but there were no endorsements nor delivery of the notes. If the banksters didn’t endorse and deliver the notes, it’s my understanding that what is created for the trusts is a security interest, but there has been no transfer, leaving the banksters with insurable interests. Strong motivation to NOT endorse and deliver. Don’t endorse, don’t deliver, insure, get paid on the foreseeable claim,
    hit the investors with the losses taken by actual foreclosure by
    assigning the note (which has actually been retired by the insurance, has it not?) two seconds before foreclosure. This last part gets complicated and is probably over my head. Disregarding that the insurance payments should have retired the debt dollar for dollar, it depends on what the UCC says as to the banksters’ obligation to the investors. On one hand, contractually they owe the investors the notes. On the other, the UCC probably provides a uniformity on
    enforcement by one with security interests. The question is enforcement against whom: the party from whom they got the security interest or on the underlying obligation or maybe even both.
    Obviously, I don’t know. But imo, someone needs to.

    Imo, it’s all about who actually has the priority on right to enforce the underlying debt instruments pursuant to the UCC. I think what’s been going on is that the banksters use the MERS’ assgt to just now do an art 9 assgt of the note (cya sort of) in some kind of election of remedies (that is, assign the underlying debt for their obigation) to satisfy the banksters’ obligation to the trusts for the trusts’ security interests. They then use a credit bid in the name of the trust, which is then “assigned” back to the bankster or someone else so that by operation of law, the trust doesn’t take title to the real property, which it would by a successful credit bid at the f/c sale.
    If this isn’t the ruse, then got me, because there is not NO reason
    the note assignment is included in the coll instrument assgt, even tho
    as far as we know (key words?) “MERS” has no authority of any kind
    regarding the notes. And if this is true, how does it comport with
    trust law and cut-off dates? I can’t see with my acknowledged limited info on the subject that securities could be issued on mere
    security interests. If this were otherwise kosher with the UCC, I don’t think it is with securties laws, rules, regulations, whatnot. Not to forget that if the banksters first received insurance funds, there are ramifications to the debt which is being transferred just now to the trusts to retire the bankster’s obligations, the security interests held by the trusts. If the debt were retired by insurance to the note-owning banksters, we’re in class warfare for sure: who should lose?
    To date, it’s been both, but primarily the homeowner. Even tho there may be no remedy for the investors as a matter of law (and I don’t claim to know this), if the banksters received insurance proceeds, rather than take the hit on foreclosure sale proceeds (if that), seems to me the investors have an equitable right to the full value of the insurance received by the banksters. But it’s troublesome that there have been to my knowledge no lawsuits demanding those insurance proceeds. Another thing – it reads that the AIG’s couldn’t have subrogation rights themselves (remember that?) when issuing insurance: the loans were already subject to the security interests of the trust investors.
    But, as to Federal bailouts (particularly), what is the bar? What interest did a bankster have to allege to be the recipient of bailouts? 1) that the bankster owned the asset which was going south and or that the bankster had an obligation to others on an asset that was going south because they were collateralized obligations? Of the funds the banksters received pursuant to their alleged form of interest, seems to me the easiest for someone around here to ascertain would be the form of interest claimed for the fed bailout….? And someone smarter than me needs to find out what
    was behind the MERS’ Consent Order so we can throw that in the equation.
    So what have we got? Either the banksters didn’t have insurable interests and claimed they did – or they did have insurable interests
    because all the trusts got were security interests. Well, begrudgingly, I concede there’s a third option: the banksters had no insurable interests, but over 300.00 lunches and who knows what else, AIG’s yuppy, t & a-and-porche-loving salespeople overlooked this little fact. But that’s distracting because what we want to know is did the banksters have an insurable interest or not and what this means to us.
    And what about all those loans that went thru FNMA (and maybe
    FHLMC), wherein the loans were guaranteed for 4 payments and then whatever form 86′ing the GSE’s obligations to the investors took. It matters what form because one is a guarantee which imo
    retires the borrower’s obligation and one is a repurchase which doesn’t. Were all those also insured by other parties and if so,
    who was the beneficiary?
    Btw, when I was talking with a securities broker just recently, he told me he had never read a FNMA prospectus. That’s distracting, also, but certainly aggrevating.

  5. I posted with out being member a few times, no one moderated, I will try with my newly added email I hope this is ok, I have been reading a long time, but used a different id email it’s been a while…
    Thanx…
    Why can’t we have a database of all of our documents in our individual cases?
    I have over 1,000 documents, produced by the Mortgage company. Plenty of evidence.
    People could access the database to connect the dots to all the frauds. Homeowners and people who invested their savings could both benefit from documents otherwise inaccessible. Couldn’t this not only link the facts but the very people who committed the acts. I fought, in Motion form, in court to maintain my NON confidentiality clause, so that I could share my documents. I hoped that after the settlement I could help others. It doesn’t look like settling is anywhere near as easy as the Judge presented it. In fact it is much harder waiting and hoping they will find their way to compliance after they take your rights to do anything else legally. I complied completely. Today I found out there is a foreclosure ACTIVE in the NJ court system. How is this possible? I don’t know which way to go. I was afraid to settle because so many things just looked like they could not just disappear. I am unprotected at the end of settlement.
    My lawyer would not demand they comply, not willing to address the judge. It was made clear in court infront of all f them. So I am not surprised, despite the damage they did while I have waited. He had gotten paid, and that was that. He wanted more money, but I couldn’t get into that whole cycle again, I spent so much and lost so much. Sure the dollar amount sounds good, but when you know how much it cost me, it’s not. They wanted me out of the house, and I am out. I think I have suffered more since I fell for what looks like a bait and switch. The hand is quicker than the eye. It feels like the Court disguised a foreclosure as a settlement, and still behind closed doors did what they and the bank saw fit. My experience with out an Attorney has been to be completely ignored by the court, no matter how much evidence, from the horses mouth, that I had. None of it mattered. I guess though they never tried to use their handwriting expert wittness to prove mortgage signed by my (ex) husband.

    What untold suffering is yet to come? Something new around each corner. I have been trying to find a NJ attorney to now protect me from the “Settlement” . I feel like the Court tied me up with rope and they’ve left me vulnerable, for any and all to throw punches. I keep thinking I should just walk away but then I find a further misgiving. They demanded I comply with stipulations, but did not comply themselves. There was NO meeting of the minds. Everything is of question but zero sense that anything matters.

    Any NJ attorneys recommended? Hoping to find one so I can consult Neil and his expertise, before all is lost.

    If anyone knows of an Attorney with NJ license, please I am in what is the last chance here.

    If we all shared documents couldn’t we cut down on all this deceit or some of it? Couldn’t we find justice for crimes committed? Anyone could search a specific entity and topic and find a similar case. When I see all these class actions that only result in a huge settlement where the borrower receives 2k for their lost home, it makes me ill.

    If I share my paperwork with the gov agencies does anyone benefit?
    I want someone else to learn from my accomplishments and my mistakes. Maybe if we somehow pulled this together as a resource we could win as individuals. Lawyers representing the people as individuals could all have a database to search through files of millions of mortgages. I have my complete financial pkg file. I don’t know how or why they handed it over but it tells a long tale, correction many tales.

    Is anyone else fighting for NO confidentiality clause in their settlements? Just curious. They were very unhappy with this, the lawyers went crazy trying to fight it. I was accused in motion by one of the other parties attorneys as follows…

    “On July 3, 2012, Plaintiffs’ councel advised all parties that a conference… during the conference on July 5, 2012, when the Court asked for her reason for objecting to the Confidentiality Clause… advised that she intended to tell the world about her experiences with the Defendants in order to “educate” the public”.

    I was really surprised to see this as a negative statement. The Judge did rule in my favour. He also ruled to enforce settlement, but the sad thing is that since the actual events that followed, in terms of compliance with what I thought was the agreement, I like the good little girl believed my attorney when he told me the Judge might take my money if I didn’t get out of the house in a hurry. Despite the lack of action for the parties to correct my credit, which would aid me in complying with leaving the house, by the time they gave the first payments to the attorney, then he would not release them because he had to get paid first, which was not discussed, I did not have the money or the credit fix, or other things promised that would enable me to actually rent a home. Finally the first three checks did arrive, but the credit issue still unresolved made it impossible. I took the one place that would take me, but they wanted six months in advance and security. I gave the new landlord a bundle of money. I moved out, after clearing out and completely going over the place well beyond, it was beautiful. The final party was suppose to give me a final check with in one week. They took approximately 10 weeks. I have lost a fortune on the place I rushed into in my attempt to comply and the place is uninhabitable.

    With deplorable conditions, animals living above the bedroom, serious health risk, Raccoons latrine and just unbelievable condition. The sewage has twice gone spilling into the basement, the heat shut off 6 times the electricity not paid by the landlord, contaminants not cleared out by experts as promised, the roof full of gaping holes, not repaired as promised.

    I believed and still do, that I had a great case against the parties, but no one would listen. If you read even the foreclosure documentation in the Chancery case that was initiated after we were well into the Civil suit, initiated in Summer of 2007. (nearly six years ago) it is just not accurate. Not only that but I see there were new mandates that require first hand knowledge and the attorney told me he didn’t know who his client was when I asked him. All the transfers not recorded would be an issue now. The fact that the service was fabricated, and proof shown the , court. During the delay these things apparently became mandated by the the Courts, robo signers, etc. I asked my Attorney were there any things changed to help me… no But what about robo signers and the self proclaimed new assignee, who appeared in the 11th hour and 58th minute? What about the many sets of HUD 1 Settlement Statements forged, with my signature, presented, but ignored?

    This case was just part of the many convoluted twists and turns that look to me to be nothing more than a sleight of hand, but trailed together are the wackiest story anyone could imagine. I don’t understand the events and the allowances made for the the opposing parties, but for me, the rules seem different. I wish I could show everyone how ridiculous it appears. I’d like to. Are all states this way? Now feeling tricked by my State, by the Justice system I once believed in is a devastation. I believed I was standing for what was right. On principal is that not wh at we should do? It is so hard to reconcile this in ones core. How does a settlement end up feeling so bad? Is it all just a trick to make us easier to handle? I do not wish to disparage anyone, but the proof is in the trail left behind.

    The people of this country will give up our freedoms if we have no voice.

    There must be millions of stories just like mine, of families caught in this endless catch 22 that our Courts expect us to live in and keep our mouths shut. It eats us up until we are week and have no voice. It is the most awful feeling I could imagine. Like ghosts…
    What becomes of people after a case like this? How much more vulnerable are we? In my case, far more. The part of the story the Court will not hear. What happens in the wake? Some people not able to go on because of lingering affects and in some cases the unforeseen parties that may turn up in the future.
    I wanted to avoid this, but my confidence is decreasing. There were too many clues, evidences, unanswered questions of possible hidden mortgages. The iceberg that I have theorized for years about the banking scam. I see more and more stories and cases telling me there is a bigger story coming. It’s hard to believe there could be any story left.

    I am a single mom, you can imagine how I and my two kids are disappointed. We thought this the light at the end of the tunnel. Now they have delievered their check to their attorney, but I find out today their is an active foreclosure. I don’t know what to do. I find out there is a tax bill due in my name and knowing already the facts that have been let go, settled because no one would listen, despite no real meeting of the minds, all the evidence that I have just ignored. Left with the impression no one would find in my favour, the Judge knew the jury he told me. They are sophisticated. I am not. It was clear this was the consensus, for what we could see, they talked to me like I was stupid. Well, stupid is not illegal.
    Of course I am not stupid, perhaps naive, but more than anything I just can’t believe this is the state of our Courntry and our Courts. I was tired more than anything, I still am. I have gone from the bad to worse. I was seeking releif, I was promised relief. I hope anyone out there considering settlement will be very cautious. It may not be as it appears. I do not have a lawyer to tell me what I can do to protect myself.

    Is this idea to create a database of evidence from our individual Mortgage files something that could help people win their cases?

  6. When you have no valid argument you use the F-BOMB….That proves the class and mentality of you communists…..you have none.

  7. Yet another rendition of the LION (WHO ROARED..THAT WOULD BE ME) & THE WITCH (THE BANK OWNERS) & THE WARDROBE (YOU COMMIE TROLLS).

  8. ALLOW ME TO CORRECT TYPO….THAT WOULD BE YOU USEDUPKARGUY….I AM SO RIGHT ON.

  9. No, that would by YOU usedupkarguy …..I AM RIGHT ON….

  10. wow, you’re fucked up.

  11. The most important part about citizen blogging is exposing these crooks and all of their criminal fraud. No comments are needed….especially from trolls who work for these crooks or have a vested interest in this scam. You can’t fool all of the people all of the time.

  12. USEDUPKARGUY……WHY DON’T YOU sit down and zip it you stripper crook…you are all guilty as charged…why don’t you all just plead guilty by reason of insanity and MAYBE YOU WILL GET LUCKY & GET THROWN IN PRISON FOR LIFE. WHY….? BECAUSE EVERYONE KNOWS YOU ARE CROOKS NOW & ARE READY TO INVOKE THEIR SECOND AMENDMENT RIGHTS ON YOU CROOKS.

  13. this thread is dead since the stripper is only talking to herself now

  14. If ANONYMOUS really wanted to go after these crooks they would go after the banksters completely unregulated and unmonitored electronic bank….THEIR SHADOW BANK….THAT IS WHERE ALL OF THEIR FRAUD BUSINESS IS CONDUCTED ….. THATS WHY I DON’T TRUST THE BANKS AND ALL THEIR ELECTRONIC FUNNY BUSINESS…ONE PRESS OF THE DELETE BUTTON AND YOUR MONEY NEVER EXISTED…..WALL STREET IS JUST A FACADE AND AN ILLUSION….

  15. The theives are blocking that link & your knowledge….GOOGLE THAT LINK…..

  16. READ ABOUT IT HERE….PAPAL BLOODLINES…

    http://zavernik.blogspot.com/2011/12/papal-bloodlines.html?m=1

  17. ……they use politics & politicians as a ruse too….

  18. QUEEN HEPZIBAH IS SUPPOSEDLY THE EVIL WITCH OF TOTALITARIANISM ….. ALL ARE SUBORDINATE TO HER…..SHE BELIEVES SHE IS A DIRECT DESCENDANT OF SATAN…..A NEPHILIM….GOOGLE THEIR CRAZY SHIT…THEY BELIEVE IT EVEN IF WE DON’T ….. THEY BELIEVE THEY OWN US & THE WORLD AND WE CAN BE SACRIFIED WHENEVER THEY SEE FIT…..THEY BELIEVE KILLING US MENTALLY, PHYSICALLY OR SPIRITUALLY GIVES THEM SUPER POWER OVER US. STUDY THE OCCULT PRACTICES OF THE ELITE…..THE FALLEN ANGELS….THIS IS FIRST & FOREMOST A SPIRITUAL WAR TO CONTROL YOUR MIND…BODY & SOUL…..STUDY THEIR EVIL BOOK OF ENOCH…THE DEVILS BIBLE….THE TALMUD…..THE LEARNED ELDERS OF ZION….THE SYNAGOGUE OF SATAN……THE JESUITS…..IT IS EVIL BEYOND BELIEF……ECCLESTIASTICAL MASONRY …… THEY ARE EVIL SUPREMACISTS WHO BELIEVE THEY ARE ENTITLED TO EVERYTHING AND THEY SHOULD OWN EVERYONES AND CONTROL MIND. THEY TRY TO IMITATE THE CREATOR BY COUNTERFEITING THE CREATOR….PLEASE…….DO YOUR HOMEWORK PEOPLE….THEY USE RELIGION AS A RUSE….

  19. BEWARE THE DECEIVERS WHO WANT RE-SOCIALISM OF UNSUSTAINABLE DEBT FRAUD BY ANY MEANS…LIKE OBAMACARE…. TAX INCREASES…REFIS…LOAN MODS……..& THOSE WHO CALL FOR ANARCHY…..COMPLETE CHAOS……

  20. stripes,

    The truth is self evident. One does not have to hammer that home.

    I expressly reserve MY RIGHT to handle the situation in my way. No amount of ranting by other’s is going to alter my course. I have to take responsibility for my own actions. Respect that as I respect you for the path you choose.

    You are no more intelligent than other’s here. Chill out!

  21. What did you say to me poppy….? THE TRUTH IS FRIVOLOUS BANTER….? ALMOST EVERY BLOGGER HERE HAS AN AGENDA THAT IS. COMMUNIST INSPIRED IMHO…..

    THIS IS ABOUT RESTORING OUR CONSTITUTIONAL REPUBLIC & THAT IS WHAT I AM ALL ABOUT….MOST OF THE REST OF YOU……NOT SO MUCH.

    BELIEVE ME, ANARCHY IS NOT THE ANSWER TO THEM…..

    I BELIEVE IN REVOLT BUT NOT ANARCHY…..

    THERE IS A BIG DIFFERENCE IN CONTROLLED CHAOS & ANARCHY….

    I BELIEVE IN FIGHTING FIRE WITH FIRE….CONTROLLED CHAOS RIGHT BACK AT THEM..

    IF WE NEED TO SHED BLOOD HERE SO BE IT BUT, LET THAT BE ON OUR TERMS…NOT THEIRS….

    THEY ARE SNEAKY & DECEPTIVE….SO WHY GIVE THEM A REASON TO TAKE UP ARMS AGAINST US BY TELLING THEM WHAT WEAPONS WE HAVE…OUR GAME PLAN AND OUR GOAL TO RESTORE OUR CONSTITUTIONAL REPUBLIC….?

    SORRY BUT IMHO…ANONYMOUS REEKS OF COMMIE TACTICS BY CALLING FOR ANARCHY..

  22. The question I have for ANONYMOUS is simple…..

    WHY IS ANONYMOUS NOT EXPOSING THE WHOLE EVIL PLAN…THEIR BANK FRAUD SCAM AND WHO THESE BANKSTER WANKERS ARE..? ANONYMOUS wants ANARCHY…..TO CAUSE CHAOS….but millions of Americans don’t even know ….WHO THEIR ENEMY IS…..THEIR MODUS OPERANDI…..AND WHAT THEIR ULTIMATE GOAL IS……..

    THE ENEMY IS …..THE BLACK NOBILITY AND ALL THEIR AGENTS & AGENCIES…..THE MONARCHS OF EUROPE CONTROL AMERICA VIA D.C. MAINLY VIA THE TRAITOR POLITICIANS, THEIR BANKCORP & WALL STREET/K STREET TREASON & FRAUD……THEIR MODUS OPERANDI IS CRIMINAL FRAUD BY MAKING YOU BELIEVE LIES….WHAT THEY WANT..RE-SOCIALISM OF UNSUSTAINABLE DEBT FRAUD THEY CREATED VIA THEIR BANKS & WALL STREET TO DESTROY OUR WEALTH FREEDOM & LIBERTY AKA THE U.S. CONSTITUTION………….THEY WANT TO CREATE…..TOTALITARIANISM ……..
    COMPLETE COMMUNISM….

    #1….STOP COOPERATING WITH THESE CROOKS….

  23. I’m going to risk this response, stripes, even though I’m not in the mood for frivolous banter today.

    Whom I trust with my personal information and legal issues is purely a private and confidential decision. By all appearances anonymous is a well versed, knowledgeable and empathetic individual, that can be trusted, in this format.

    Now, as far as Anarchy goes, as far as I’m concerned, I have no feeling one way or the other how that plays out. Again, what side I come out on and the responsibility of that decision is solely mine. Our government has chosen the path of destruction they follow. The current climate is one of “implosion”. The financial indebtedness that has been created, by the government, burdened on the people of this country is one of their own making. Anarchy is one way of dealing with it, the other civil disobedience or an all out revolution…we’ll just have to take a wait and see approach.

    For me, this country is fascist, not totalitarianism, run by corporate entities and administered by the government. Capitalism does not work, without regulation, as the tendency for greed and self-interest to overwhelm rational thinking and monopolize necessary trading in the market place makes “equal” distribution of goods and services available to all, nearly impossible. This scenario is “unsustainable”.

    I respect and have taken up for your position several times. Not because I agree with all you state, but bullying is not my style.

    As an adult, I will stand for my own beliefs and fail on my own terms, if that be the case. I have no need to force my opinions and judgments here. Each person here has their own perils to manage and cope with.

    It is my position stated clearly: I respect everyone here for their own strength and determination in this battle with our government and the gangsters. We all are aware of the road before us and have chosen to stand for what is right and moral. No matter what I disagree with, there is knowledge and information herein, even with some of the more “disagreeable” personalities. I move away from the insults, personal attacks and any gang mentality. Strong people do not need to gain alliance and use that position to further their own. IMHO, that is weak…It would be good of you to not start pulling me into your rage.

    I will not be a party to any of it and I can hold my own…I choose to stay somewhat close to the in-zone, not play my hand out publicly.

  24. Yes indeed…the LOBBYISTS IN D.C…are the pot calling the kettle black…the politicians are dual identity fraudsters…

  25. IT IS THE LOBBYISTS in D.C. …LIKE HARRY REIDS daughter in law who are the MASTER MANIPULATORS AND DECEIVERS WHO ARE ROBBING the American people into fraudulently induced poverty….They work for the bank owners in Europe……THE BLACK NOBILITY SYNAGOGUE OF SATAN…

  26. These crooked Congresspeople and Senators control through their own family members from K-STREET IN WASHINGTON DC…..THEY ARE THE LOBBYISTS FOR THE BANK OWNERS IN EUROPE …. FORGET OCCUPY WALL STREET….OCCUPY K-STREET…WHERE ALL THE PERPS OF THE ROMAN EMPIRE CONTROL THE SCENE…..FROM BEHIND THE SCENES….

  27. The Government is a giant Corporate investment bank that uses your stolen wealth to mind control you…..it brainwashes and robs you into poverty….and the owners invest in your robbery…..that’s how crony capitalist communism operates….BY GAINING YOUR TRUST…BRAINWASHING AND DEMORALIZING YOU…..THAT IS HOW THIS BEHEMOTH KNOWN AS THE GOVERNMENTS CONTROLS THE SHEEPLE…..THEY ARE NOT OUR GOVERNMENT …THEY DON’T WORK FOR US….THEY LIE TO US TO ROB US…THATS ALL THEY DO….TIME TO INVOKE OUR CONSTITUTIONAL RIGHTS IN OUR CONSTITUTIONAL REPUBLIC WHOSE POWER IS SUPERIOR TO BOTH STATE & FEDERAL GOVERNMENT….

  28. …..as well as surrendering any payments, tax money, property to these crooks OR by walking way, short sale or deed in lieu or fraudclosure ….it is all criminal felony fraud. These crooks robbed US and destroyed the value of everything….even gold…..the price of gold and the stock market numbers are all a grand illusion….these crooks are IN REALITY INSOVENT ON THEIR BALANCE SHEETS…THEIR BOOKS ARE COOKED….WAKE UP AMERICA…DON’T AID & ABET THESE COMMIE CROOKS WHO WANT TO IMPOVERISH YOU & CREATE TOTALITARIANISM …..DON’T BELIEVE THEIR LIES…..AMERICA IS NOT BROKE…..WE ARE BEING HELD HOSTAGE BY FRAUDSTERS & DICTATORS WHO WANT YOU TO BELIEVE THEIR BIG LIES….THEY OWN YOU…& THEY OWN EVERYTHING……THEY DONT BECAUSE OF THE ORIGINATION FRAUD.

  29. The truth is if you went into fraudclosure…you were intended to fail …the ‘loan’ failed long ago…..by the politicians forcing you to Re-establish the banksters massive unsustainable debt fraud is deceptive, criminal and immoral because it is fraudulently induced slavery.

  30. These crooks only want to “help” meatheads…dead from the neck up.

  31. THE TRUTH IS….what the commie trolls won’t tell you is if your not a Jesuit brainwashed idiot they consider that unstable. The truth is, they are the pot calling the kettle black. They want you to believe their lies…that is why, when you know the truth, the truth is unchangeable …. you can’t shake it…the truth is as solid as a rock.

  32. UKG,

    I got burnt personally talking to a few who turned out quite unstable as soon as I said that I would no longer answer their mails. I realiized that they had already made up their mind about what they were going to do long before asking for my help and all they were looking for from me was my approval and reassurances that they were right. Can’t do that when I don’t believe it.

    I put people in touch with attorneys and put my neck out. It backfired. I’m done risking relationships for people who don’t want to listen to reason. So, no. I didn’t talk to her and I wouldn’t. Way too unstable for my taste.

  33. How can you have trust & respect for ANONYMOUS….who are trying to cause Anarchy……? I don’t respect any entity who tries to cause Anarchy. That will create TOTALITARIANISM ….. BEWARE THE DECEIVERS….STOP REPAYING THESE BANKSTER CROOKS & SUE THESE BANKSTER CROOKS..

  34. The banksters and the traitor politicians destroyed any chances at mutual trust or respect. That meme put us here. Don’t trust verify…don’t repay…make the criminals pay you back what they stole.

  35. I thought you may have spoken personally with strifes like we did.

  36. Ditto…I’ll just bet face-to-face the games would change. Folks have a lot of mouth and courage when “anonymous”….not to insult the real ANONYMOUS, who has character and decency.

  37. Mutual trust and respect. Something few here know anything about.

  38. Intimacy, how nice, christine…

  39. Who are you referring to?

  40. I know, Christine. Did you guys talk? I mean, like, you and I did?

  41. REMEMBER…….HOPE AND CHANGE ARE COMMUNIST CODE WORDS FOR TOTALITARIANISM ……

  42. The fractional lending is where the issue is. There is no “real” money being used for these contracts, hence there is NO consideration. IMHO if pled properly there are wins to be had…I’ll have more on this later, stand by! Found a couple of wins with this…somewhat detailed, needs to explained very carefully and crafted just right…there is no money! A huge deal…proving it is hard.

  43. Don’t listen to the spawns of Satan…..THE AGENTS OF THE KNIGHTS TEMPLARS who work for the REAL money changers….the Supremacist haters of freedom and liberty ….the bank owners……they are equal opportunity wealth and income destroyers. They are simply mind control freaks…don’t believe their lies…They are TERRORISTS …

  44. DEBT HAS NO VALUE WHEN THAT DEBT IS USED AS A WEAPON TO DESTROY WEALTH CREATION….AND CREDIT IS USED AS A PAWN TO MAKE YOU BELIEVE CREDIT LENDING IS OWNERSHIP………IN AMERICA …CREDIT LENDING IS NOT OWNERSHIP UNLESS THE ISSUER OF THE ORIGINAL BILL OF CREDIT PAYS BACK THEIR ORIGINAL LOAN THEY TOOK OUT IN YOUR NAME……BEFORE THEY DESTROY THE VALUE OF THE ORIGINAL BILL OF CREDIT THEY ISSUED……THE TRUTH IS……THE FED IS IN DEFAULT TO THE TREASURY….THE AMERICAN PEOPLE FOR QUADRILLIONS AND WALL STREET CREATED A QUADRILLION IN UNSUSTAINABLE DEBT FROM BILLS OF CREDIT THE ISSUER ….THE FED NEVER OWNED BECAUSE THE FED DEFAULTED ON THE ORIGINAL LOAN THEY TOOK IN OUR NAMES…..

    THE TRUTH IS……THE FED AND WALL STREET ARE EQUAL OPPORTUNITY WEALTH AND INCOME DESTROYERS…..ROBBER BARONS FOR THE RICH…. THEIR FAKE MONEY LENDING….CREDIT AND INVESTMENT BANKING SCAM IS OUTED…

    THE FED & WALL STREET DON’T OWN ANYTHING BUT A MOUNTAIN OF UNSUSTAINABLE DEBT…..A QUADRILLION DOLLARS IN CREDIT AND INVESTMENT FRAUD AND I, FOR ONE, AM NOT GOING TO BE THEIR SLAVE…THEY ARE TYRANTS AND OPPRESSORS…THEY ARE ALSO VERY DECEPTIVE CRIMINAL FELONS..

    REMEMBER…..I KNOW THE TRUTH AND THE TRUTH IS UNCHANGEABLE…….THEREFORE YOU CAN’T BULLSHIT ME, IDIOT.

  45. UKG,

    You’re wasting your time. We went through that 6 months ago. It’s a vermin hard to eradicate but it will be. In due time. The day the mental case has lost everything is the day we will never hear from her anymore. And she will.

  46. guest, please don’t feed the animals.

    As to you who are hanging out in your house and paying for NOTHING:

    Your Property can become subject to “In Rem” Foreclosure if:

    Your property Taxes and other property-related charges are late for an extended period of time.
    Your property is in an area the City considers to be “blighted” and has been targeted for improvements.

    Finance and the Department of Housing Preservation and Development (HPD) work together to take title of the property and sell or transfer the title to new owners who will resolve the property’s outstanding charges and violations.

    In Rem Foreclosure Process

    We send you a number of tax bills and warning notices if you have outstanding charges and are at risk for foreclosure.
    Notices are sent to your mailing address and to anyone else who has registered to receive your property’s tax bills.
    Notices include detailed contact information so you can respond easily.
    You can avoid additional penalties and foreclosure if you contact us during this time.
    You can pay the full amount or enter into a payment agreement.
    If we do not receive a response, we file tax foreclosure documents at the NYS Supreme Court and the foreclosure process begins.
    At this point, you can still enter into a payment agreement but it will be more expensive.
    Notice of Final Judgment
    Your property’s foreclosure is coming soon.
    You can still stop the foreclosure if you pay a large portion of the amount due as part of a payment agreement.

    If you have a legal interest in the property, but are not registered as an interested party, you must register to receive a Notice of Foreclosure for an In Rem.

  47. They destroyed the value of the debt to … Your an idiot!

  48. Really guest…..? You are just realizing they lost possession…..? Well it’s worse than that, they destroyed the value of everything as well by, overissing investments in property they never held legal title to…….They robbed the American people and committed a QUADRILLION dollars in credit and investment fraud in our names without our knowledge and it was intentional because their greedy owners want totalitarianism and they are felons too…..Screw them..and Screw that.

  49. Every complaint against me is by a troll. You are all so obvious.
    The problem for all of you is what you don’t know about me…First and foremost I am American but you may or you may not be familiar with my bloodline….. I am Italian, German, Irish, and Spanish…The whole American melting pot thing is really important…..That’s right. And I know the truth and I am pissed….. really pissed.. You don’t screw with this bloodline and you don’t mess with the family. Sound familiar …? Yeah….That’s right I am also from the same decendents from the movie the “Godfather.”
    I heard someone say this recently, and I really liked it……”When you know the truth, the truth is unchangeable.”

    Now add the Italian/Spanish vendetta thing to that…..then a little German and Irish…My kids even are Sicilian from their dads side….Meet the American family…..years of perfection…It is a beautiful thing because you never know what you are going to get…it’s like a power play and a powder keg all in one and there are 300 million mixes of firebrand in America….That’s why they fear us. We are one of a kind…and we are fierce, and we have a unique bloodline……that’s what makes us smart, though maybe a bit too trusting….but don’t screw with us because when push comes to shove we are all the same freedom and liberty loving Americans.

  50. “getting tired of the sloppiness” with which the loan deals were originated, allegedly transferred and claimed as owned by one of a number of parties. They are entering more orders requiring proof of loss, proof of payment and proof that any financial transaction took place in which the forecloser was either the recipient (payee) or the payor of actual money that exchanged hands.

    We have seen how the same homeowner with the same property has been assaulted by two completely different “holders”, neither of whom were creditors, each claiming to be producing the original note —

  51. He needs a court order to fix the title! That my friends is Damages! I Have no use for Greedy Buttwipes! Pffft!

  52. No Warrenty Title … No buyer with financing.. only CASH Sale without warrenty to title. My husband was the seller after the tax issue with BOA. I was the pre approved buyer with partial cash and partial financing. I had to be a Cash buyer on this house … I couldnt get lending on my own house. Imagine That… (Remember I was not on the Title/Deed or Note).

  53. Re: … Wild Deeds, A) no one can attest to the mortgage debt 2) no one wants to attest to the mortgage debt because of Liability Issues. or 3) Their Window of Time has expired.

  54. title companies protect homebuyers by going to owners and demanding the name of the property’s current mortgage lender. The title company then insists on receipt of the written record of mortgage debt from that lender before scheduling the closing of a new sale

  55. i agree with ian, i want to know what is going on and scroll over the rants by the stripes, guest, whatever they are calling themselves today

    how about we get ‘em in a ring and let them slug it out

  56. Very happy to see a movement in the “local” deed offices. This is a big issue, as I know, like the rest here, the DOT is recorded in the “originators” name, not the lender and they have cheated the local taxpayers out of MILLIONS of dollars…they need to pay it or go to jail.

    These gansters have stolen BILLIONS from local and state coffers, leaving the rest of us to pick up the residual deficit. Another victimization of taxpayers.

  57. @ UKG ,

    Agreed we’re making progress , this will end ,, hopefully before the currency collapses (First Germany demanded GOLD repatriation and now JAPAN is demanding same ,, we told Germany “wait 7 years”) ..

    Also AGREE Neil needs to do something about the intentional disruptions and hijacking of his own blog.. It is at the very least putting a bad light on the site , making it look like kooks reside here and it makes sorting through the ore to find the nuggets more difficult.

  58. AMERICAN BANKER SAYS THE BANKSTERS ARE CROOKS IN BANKSTERSPEAK……….DO YOU KNOW THEIR LANGUAGE ….? IT IS HARD TO DECIPHER BANKSTERSPEAK BECAUSE IT IS A FOREIGN LANGUAGE TO MOST AMERICANS…..LEARN BANKSTERSPEAK BECAUSE THE POLITICIANS USE IT ALL THE TIME….LEARN THEIR CODEWORDS FOR CRIMINAL FRAUD….BANKSTERSPEAK….HERE ARE A FEW..

    MORTGAGES
    NOTES
    NOTE HOLDER
    DEBT
    TAXES
    FINANCIAL CRISIS
    STOCK MARKET COLLAPSE
    EXECUTIVE PRIVILEDGE
    INFLATION
    DEFLATION
    DEREGULATION
    REGULATION
    EXECUTIVE ORDERS
    FEMA
    OCC
    DOJ
    STATES ATTORNEYS
    CRIMINAL INVESTIGATIONS
    FINES
    HAMP
    REFIS
    LOAN MODS
    LEGAL CONTRACT
    JUDICIAL REVIEW
    JUDICIAL NOTICE
    CORPIS JURIS SECUNDUM
    COMITY
    RECKLESS
    NOT CRIMINAL
    ROBOSIGNING
    COPIES OF LEGAL DOCS
    NO LEGAL ASSIGNMENT
    LIBERAL
    PROGRESSIVE
    DEMOCRACY
    ELECTIONS
    POPULAR OPINION
    POLLS
    WAR ON TERROR
    TERROR
    EPEDEMIC
    INNOCULATIONS
    YOU DIDN’T BUILD THAT
    LOAN
    MONEY LENDING
    GLOBAL WARMING
    GLOBALISM
    THE FEDERAL RESERVE BANK
    INVESTING IS OWNERSHIP
    9/11
    AMERICA IS BROKE
    DEFAULT
    DEADBEAT AMERICANS
    FDIC
    SEC
    THE FEDERAL GOVERMENT
    WALL STREET
    LEFT
    RIGHT
    CENTER
    RE-SIGN
    RE-SOCIALISM
    FRANKLY, THE BANKS OWN THE PLACE
    CONGRESS
    THE SENATE
    THE LEGISLATIVE BRANCH
    THE ELECTORAL COLLEGE
    THE JUDICIARY
    CONVENTIONAL SUBROGATION
    MERS
    APPOINT
    SUCCESSOR AND ASSIGNS
    THE GSES
    MORTGAGE SERVICERS
    BANK ATTORNEYS
    DROUGHT
    WAR
    FAMINE HUNGER
    PASSED A LAW..NEVER READ IT
    OBAMACARE
    THE PATRIOT ACT
    NDAA
    OSAMA BIN LADEN
    AL QUAEDA
    LONE GUNMAN
    LONE WOLF
    RFID CHIP
    SENATE BANKING COMMITTEE
    OPEN GOVERNMENT
    HONOR
    MENTAL HEALTH CHECKS
    WELLNESS CHECKS
    PSYCHOTROPHIC DRUGS
    VIOLENT TV, MOVIES AND VIDEO GAMES
    SEXUALLY CHARGED ADVERTISING
    HOMELESS
    IMPOVERISHED
    BAILOUTS
    TBTF
    DODD -FRANK
    SIMPSON BOWLES
    ZIONISM
    9/11 INVESTIGATIONS
    PROPERTY TAXES
    DON’T QUESTION THE EVENTS OF 9/11
    PUT OPTIONS
    HEDGE FUND MANAGERS
    TITLE COMPANIES
    THE NEW WORLD ORDER
    ELECTRONIC BALANCE SHEETS
    DEMOCRAT
    REPUBLICAN
    FREE ATTORNEY
    DARK POOLS
    LAW ENFORCEMENT
    THE LOTTERY
    PUBLIC EDUCATION
    HOLDER
    GUN CONTROL
    HOSPICE
    DANGEROUSLY MENTALLY ILL PEOPLE
    NEOCON
    MISSING MONEY
    THREAT
    TERRORIST
    TERROR
    THE MEDIA
    DUAL CITIZENSHIP
    SUBSTITUTING PLAINTIFFS
    FEDERAL RESERVE NOTE
    WARANTLESS SEARCH AND SEIZURE
    THE BANK SECRECY ACT
    FORECLOSURE
    FLUCTUATING INTEREST RATES
    THE HOUSING MARKET IS IMPROVING
    OIL AND GAS SHORTAGES
    LONDON WHALE
    FAILED BANKS
    GOVERNMENT INSURED
    CREDIT DEFAULT SWAP INSURANCE
    MEDICAL TREATMENTS
    NO CURES
    UNINSURED
    TEA PARTY
    CO-OPTED
    BLACKWATER
    PRIVATE MILITARY
    PRIVATE POLICE
    RED LIGHT CAMERAS
    DEBIT CARDS
    CREDIT CARDS
    ISSUE CREDIT
    UNDISCLOSED AMOUNT
    UNDEREMPLOYED
    UNEMPLOYMENT NUMBERS
    LINK CARD
    THE U.S. CONSTITUTION DOESN’T PROTECT YOU FROM OBAMACARE
    MILITARY INTERVENTION
    WAR ON DRUGS
    NAFTA
    WE MUST PAY OUR BILLS
    BANKRUPT
    BANKRUPTCY
    DUAL TRACKING
    THE GULF OIL SPILL
    THE DRINKING WATER IS SAFE
    SKYROCKETTING UTILITY BILLS
    IT’S FOR YOUR OWN GOOD
    THE MAJORITY OF AMERICANS AGREE
    CREDIT DOWNGRADE
    TRUST
    LARRY SILVERSTEIN
    RENTALS
    SKYROCKETTING PRICES OF GOODS AND SERVICES
    BLACKROCK
    VANGUARD
    STATESTREET
    INVESTORS
    SHAREHOLDERS
    DIRECTORS
    THE U.S. GOVERNMENT
    EVICTIONS

    PROPERTY VALUES
    JOB NUMBERS
    THE ECONOMY IS IMPROVING
    HOPE
    CHANGE
    MOVE FORWARD
    SOCIAL SAFETY NETS
    JOB CUTS
    PROGRAM CUTS

  59. Shove your stupid story for sheeple UKG..THE TRUTH IS….the FEDSTERS are in DEFAULT IN THE NAMES OF THE AMERICAN PEOPLE AND THEY DESTROYED THE VALUE OF THEIR CREDIT AND EVERYTHING ASSOCIATED WITH IT…..

    AN ATTORNEY TOLD ME FROM THE START OF THIS FRAUDCLOSURE FIASCO…….DON’T SIGN OR AGREE TO ANYTHING IN REGARD TO THIS FRAUDULENTLY INDUCED DEBT…IT IS UNSUSTAINABLE AND CAN NEVER BE REPAID…..IF YOU DO THESE CROOKS ARE SETTING YOU UP TO FAIL AGAIN AND THIS TIME WHEN YOU FAIL & YOU WILL…YOU WILL LOSE YOUR PROPERTY IN THREE MONTHS BECAUSE YOU SIGNED & AGREED TO A NEW DEBT…..

    DON’T BELIEVE THESE COMMIE RE-SOCIALISTS AND ALL THEIR LIES….THEY ARE TRYING TO CREATE COMPLETE COMMUNISM…TOTALITARIANISM AND THEY WANT TO FORCE YOU TO FAIL….

    DON’T BELIEVE THEIR LIES….

    PROVE THEIR CRIMINAL FRAUD…..

    FREE YOURSELF FROM THESE CROOKS…

    KNOW THE TRUTH BECAUSE THE TRUTH IS UNCHANGEABLE …

    THE BANKSTERS ARE CROOKS AND THEY ROBBED THE AMERICAN PEOPLE of QUADRILLIONS of DOLLARS…

    THESE BANKSTERS DON’T OWN ANYTHING BECAUSE THEY DON’T PAY FOR ANYTHING..

  60. I like reading pleading from other cases. Some are great and some not so much. But it forces you to put your thinking cap on.

    http://www.theforeclosurefraud.com/uploads/FedCase3.AmendedComplaint.final.pdf

  61. And here’s the perspective from “American Banker”…..

    In Protecting Defaulters, New York Stalling Housing Rebound

    New Yorkers Paul and Angelica Kashman, declared in default on their mortgage in July 2010 and foreclosed on by Wells Fargo & Co. in February 2011, say they aren’t deadbeats.

    “We always knew that when we get into a court of law and show that we have all the information and backup, the truth will come out,” said Paul Kashman, 37, a manager in the hospitality industry. The couple, stuck in limbo by legal bureaucracy, says they were mistakenly pushed into foreclosure, and are eager now to save their home, using court mediation.

    Their case is among 72,000 pending in the New York system, accounting for a quarter of the civil caseload, and highlighting the strength and weakness of the state foreclosure process. While borrowers have protections unavailable in many other states, it takes more than 1,000 days for banks to repossess a home, stalling a housing recovery by keeping pressure on values for years to come as a constant drip of distressed properties enter the sales market.

    The New York area was one of only two in the country to post year-over-year home price declines in the latest Case- Shiller 20-city index. Homebuyers also could lose, with the Federal Housing Finance Agency considering a fee increase to compensate Fannie Mae and Freddie Mac for doing business in New York and four other states with slow, costly foreclosures.

    “New York suffers from what appears to be altruism, in that it postpones foreclosures as long as possible — the problem is that altruism can be expensive,” said Anthony B. Sanders, an economics professor at George Mason University in Fairfax, Virginia. “It slows down the housing market and it results in lenders being almost unwilling to lend. New buyers will pay the price for this.”

    New York’s pending foreclosures are more than a quarter of its civil caseload, according to a 2012 report from the state’s chief administrator of the courts. New York requires lenders and borrowers to come to the bargaining table to work out modified payments or other foreclosure alternatives before a case can move to litigation. The average age of a case in the settlement program was 15 months old and the courts oversaw an estimated 77,000 settlement conferences in 2012.

    It’s one of five judicial foreclosure states, including New Jersey, Connecticut, Florida and Illinois, in which home repossessions require court review that the FHFA is targeting. The agency has said it’s seeking to compensate Fannie Mae and Freddie Mac by bringing their pricing of risk more in line with how private lenders operate. The FHFA last year had the two government-controlled companies almost double the annual fees they charge for guaranteeing mortgage bonds, with increases averaging 0.2 percentage point.

    It’s considering imposing one-time upfront fees in the five states of between 0.15 percent and 0.3 percent of the loan amount. The average cost per day to carry foreclosures in New York is 112 percent of the national average, according to an analysis by the agency.

    “If those states were to adjust their laws and requirements sufficiently to move their foreclosure timelines and costs more in line with the national average, the state- level, risk-based fees imposed under the planned approach would be lowered or eliminated,” Edward J. DeMarco, the agency’s acting director, wrote in a September notice on the proposal. “Unusual costs associated with practices outside of the norm in the rest of the country should be borne by the citizens of that particular state,” he wrote.

    The agency, which will announce its decision as soon as April, is pressuring states to speed up the process by removing safeguards for homeowners, New York’s state bank regulator said in a Nov. 26 letter to DeMarco opposing the plan.

    “The proposal would create the perverse incentive that states should either give up the fight against mortgage fraud and roll back consumer protections or face the consequences of higher mortgage rates for consumers,” Benjamin Lawsky, superintendent of the New York Department of Financial Services, wrote in the letter. “The proposal would also shift the cost of the failures of lenders and servicers onto New York State borrowers.”

    For the Kashmans, who live with their two children in the two-bedroom brick row home in Brooklyn’s Dyker Heights neighborhood that they bought for $368,000 in 2003, the clogged foreclosure system has allowed them to stay in their home, even as it delayed resolution of their case.

    They defaulted in 2010 after cutting their monthly payments to Wells Fargo based on a modification agreement they said they signed and returned. The bank later said it never received the documents, so considered the lowered payments a default. The bank for years prevented the case from entering mediation, adding it to the backlog of thousands of inactive lawsuits across the state, according to Aaron Jacobs-Smith, a staff attorney at MFY Legal Services Inc. who represents the Kashmans.

    Wells Fargo offered a permanent modification to the Kashmans on Jan. 17, the Kashmans said. The couple, who said they haven’t decided whether to accept, recently began meeting with bank representatives as part of a pilot program in Brooklyn’s Kings County that allows willing homeowners to begin settlement talks in stalled lawsuits.

    Outside of the court’s oversight, the Kashmans’ negotiations with Wells Fargo have been a bureaucratic carousel, requiring them to continually resend documents they had previously faxed, according to Jacobs-Smith. While the couple said they successfully completed three trial payment plans, the mortgage servicer didn’t convert any of them into permanent modifications.

    They’ve been considering filing a request for judicial intervention by paying a $95 fee to reanimate the case that has languished since it was filed in early 2011, Jacobs-Smith said.

    Tom Goyda, a spokesman for San Francisco-based Wells Fargo, said the bank didn’t advance the Kashmans’ case while it was working through modification options for them.

    “The important thing is still that we were able to identify an option that should allow the Kashmans to stay in the home and end the foreclosure process,” Goyda said in an e-mail.

    The Kashmans are part of New York’s so-called shadow- docket, which includes about 6,000 inactive filings in Brooklyn and Queens alone. Plaintiff attorneys stopped pushing their cases forward into the formal court docket after an October 2010 rule required them to personally vouch for the accuracy of their mortgage servicer clients’ documentation.

    State attorneys general across the U.S. had just began investigating allegations that mortgage servicers hired workers to sign thousands of foreclosure documents they didn’t verify or even read. They reached a $25 billion settlement in February with the top five banks over the practice known as robosigning.

    Foreclosures, which slowed after the investigations, are picking back up in judicial states such as New York and New Jersey. While foreclosure starts declined 11 percent in December from a year earlier in the U.S., they jumped 35 percent in New York, which had the fourth biggest percentage increase behind New Jersey, Pennsylvania and Kentucky, according to data provider RealtyTrac.

    While the courts are taking action to clear the backlog, speed isn’t the only priority, said Judge Judy Harris Kluger, chief of policy and planning for the New York State courts.

    “I like efficiency as much as everybody else but it is not going to drive everything we do,” Kluger said. “Just because it’s efficient doesn’t mean it’s fair or right.”

    In New York, court-appointed referees preside over settlement conferences, setting deadlines for providing and evaluating modification applications and documents and following up to see both sides meet them. While more homeowners should receive loan workouts, many are unemployed or too far behind on payments to qualify, she said.

    Since April, about 60 percent of the 5,553 cases that completed mediation moved into litigation. Borrowers received modifications in 653 of the cases, and about 400 borrowers were approved for short sales, where the borrower sells a property for less than is owed, or another foreclosure alternative, Kluger said.

    Litigation can add a few more years to the process, said Schuyler Kraus, a partner in the New York office of Hinshaw & Culbertson who represents mortgage servicers in contested foreclosures.

    “The courts are backlogged,” Kraus said. “There are a lot of parties who have a lot of different motivations and needs and it’s just ended up as a morass.”

    While litigation is time consuming, it’s often where homeowners find the best resolution, said Bruce Richardson, a Manhattan-based foreclosure defense attorney. A Brooklyn man Richardson represents remains in his house six years after going into foreclosure and two years after the bank acquired it, he said. Richardson is now battling to overturn the sheriff sale in the appellate division.

    “The byproduct of an aggressive and zealous defense is that the homeowner gets to stay in the home much longer than they otherwise could have and actually gets to keep his home,” Richardson said.

    In New York it took 1,089 days on average to foreclose in the fourth quarter, the longest of any state and more than five times the pace in hard-hit Arizona, a non-judicial state that has worked through much of its backlog, according to data from RealtyTrac.

    While the housing bust was deeper in Arizona than New York, distressed inventory is drying up there as investors purchase foreclosed properties and convert them into rentals. New York state single-family home prices, which are 10 percent below their peak, increased 6.9 percent in November from a year earlier, CoreLogic said. Arizona values, 40 percent below peak, jumped 21 percent, compared with a 7.4 percent rise nationally, the Irvine, California-based company said.

    Speed isn’t the best way to judge the effectiveness of a state’s foreclosure process, said Diane Thompson, attorney with the National Consumer Law Center based in Boston.

    “It’s also a question of what kind of system of justice we want in this country,” Thompson said. “It’s much faster to execute everybody that the police thought was guilty of a crime. It’s faster, more efficient and would probably reduce the overall level of crime. But as a society we don’t think that’s an appropriate exercise of judicial authority.”

    Lenders in Arizona can auction a borrower’s home as soon as 91 days after filing a notice of trustee sale. Borrowers often have little time or leverage to challenge lenders who improperly reject them for modifications and may never know whether the lender has standing to seize the home because it doesn’t have to prove it owns the loan, Beverly B. Parker, manager of the consumer housing and public benefits unit at Southern Arizona Legal Aid based in Tucson, said.

    “Yes, it’s a much faster process here,” Parker said. “But there has to be a balance. You can’t give all the ammunition to one side and assume they’ll use it right. They don’t.”

  62. Somebody uses the “R”- WORD

    Courtesy of The Advocate, Baton Rouge, LA

    Federal judge rules against Louisiana clerks of court

    By Bill Lodge

    Advocate staff writer

    January 16, 2013

    East Baton Rouge Parish Clerk of Court Doug Welborn and 46 other clerks in Louisiana cannot pursue their lawsuit to force large banks and mortgage lenders to publicly record all property transactions they finance, according to a federal judge.

    The clerks alleged through their attorneys in April that they have lost more than $450 million in fees since 2000 because of the big lenders’ refusal to record transfers of mortgage assignments at parish courthouses. As much as $40 million of that alleged loss occurred in East Baton Rouge Parish, according to the clerks’ attorneys.

    U.S. District Judge James J. Brady, of Baton Rouge, dismissed the clerks’ 9-month-old suit Monday.

    Brady noted that the clerks did not allege Louisiana law requires the lenders to record the disputed transactions at parish courthouses.

    The judge also ruled that the clerks mistakenly concluded the federal Trust Indenture Act of 1939 authorized them to sue the big lenders under federal law.

    Absent an appeal, Brady’s decision ends the clerks’ suit against The Bank of New York Mellon; Bank of America N.A.; CitiMortgage Inc.; Merrill Lynch Credit Corp.; Nationwide Advantage Mortgage Co.; SunTrust Mortgage Inc.; Wells Fargo Bank N.A.; Deutsche Bank AG; U.S. Bank N.A.; HSBC Finance Corp.; HSBC Bank USA NA; JP Morgan Chase Bank N.A.; United Guaranty Corporation; and La Salle Bank N.A.

    No decision was made Tuesday on a possible appeal, according to one of the clerks’ attorneys.

    “Judge Brady’s decision did not address the merits of the parish clerks’ case, but instead dismissed it on very narrow grounds regarding whether the clerks had” authority to sue the lenders, attorney Ted B. Lyon , of Mesquite, Texas, said in an email.

    “We think that the federal (racketeering) statute and U.S. Supreme Court precedent does give the clerks standing to bring the case, and … we will be recommending that the clerks appeal Judge Brady’s decision to the” 5th U.S. Circuit Court of Appeals, Lyon added.

    Richard Faulkner, another attorney for the clerks, added in a separate email: “Wall Street hopes to remain too big to fail, too big to jail, and hiding behind every technicality imaginable.”

    Faulkner formerly practiced law in the New Orleans area, but now is based in Richardson, Texas. He said if the clerks decide to appeal, “We will pursue this case until the U.S. Supreme Court says we cannot.”

    But lender attorneys Anthony Rollo, of Baton Rouge, and Kent A. Lambert, of New Orleans, told Brady that neither Louisiana law nor the federal law cited by the clerks authorizes the clerks to force the filing of repeated mortgage assignments at parish courthouses.

    Louisiana’s parish clerks “lack power to bring litigation except as explicitly authorized, and no such authorization was granted to clerks to sue about allegedly nonrecorded assignments,” Rollo and Lambert told Brady in one filing.

    “Louisiana recording law is permissive and does not mandate recording of mortgage assignments, and thus no fraudulent conduct is alleged,” Rollo and Lambert added.

    The big banks and mortgage lenders created their own private recording system in 1993, according to the clerks’ suit. That private system was housed under both Mortgage Electronic Registration Systems Inc. and MERSCORP Inc., according to the clerks, who refer to both entities as MERS.

    The clerks alleged in their suit that a MERS lender records only the first purchase of a residential property at the courthouse, then keeps 10 to 12 subsequent transfers of that mortgage note in the private MERS system.

    “As a result of the creation of MERS, one can no longer look to the public recording system as a reliable source for identifying the proper payment of the obligation, tracking the chain of title for a loan or for identifying the current beneficial owner of the mortgage,” the clerks alleged in their suit.

    Russell Mosley, a title attorney in Baton Rouge, said Tuesday that he had not analyzed the clerks’ suit.

    Mosley added, though, that title companies protect homebuyers by going to owners and demanding the name of the property’s current mortgage lender. The title company then insists on receipt of the written record of mortgage debt from that lender before scheduling the closing of a new sale, Mosley explained.

    “I don’t see a huge problem from the homebuyer’s side,” Mosley said.

  63. They didn’t sell anything usedupkarguy……they swapped credit slips…created mountains of debt by committing FELONIES…. counterfeiting and forgery in our names, without our knowledge and handed the American people their quadrillion dollar unsustainable criminal debt fraud …… they are criminal felons…The question I have is what are you whining to Neil for…? You sound like a sissy….why don’t you grow some cahones for cripes sake…..nothing worse than a bunch of crooks who got caught and are freaking cry babies….cowards…don’t do the crime if you don’t want to do the time…..crybaby losers.

  64. I refused to send the tax bill to Wells. They didn’t need it. It was paid before I could get there. I paid it anyway; told the treasurer to return their payment. I think she did.

    I’m not a big MERS buff, as I haven’t had to be. JG has more depth. It seems, in this case, the originator sold the note and stayed on as servicer. Did not read any of the case. Not my bag. Just thought you should know.
    Hello, Douglas. How are you? HMAN, nice to see you. IAN, thank you. No point in subscribing for any follow up to threads, as they’re all hijacked. I don’t hang on 4CF, although I get the feeds. If she did this elsewhere, she’s just here to kill whatever is left of the movement.
    You guys in the audience need to know that we’re having a huge effect out there.
    Getting judges recused, liens denied, reversals in appeals, the war is being waged with better tactics.
    People like the nitwit are not stupid. They’re here to disrupt. I won’t say anymore about it.
    Please don’t feed the animals.

    C’mon, Neil.

  65. No mercy for serial killers is what most Americans believe…and LORD have mercy on us because WE THE PEOPLE WHO KNOW THE TRUTH ABOUT THESE CROOKS ARE SICK OF WAITING FOR THE BUS ALL DAY….HANG EM HIGH…

  66. FIRING SQUADS ARE ALSO SUITABLE….AN EYE FOR AN EYE IS WHAT THE GOOD OLE BOYS DOWN IN TEXAS PREFER….NO MERCY…..

  67. IF YOU GET THAT……….THAT MEANS NO FREE HOUSES FOR THE FEDSTER CRIMINALS…IN FACT THAT MEANS THEY ARE FELONS & TRAITORS….LIFE IN PRISON OR THE DEATH PENALTY….PREFERABLY THE DEATH PENALTY BY HANGING….

  68. Names on homeowners insurance policies….or WILD SPECULATIONS in fraudclosure complaints are all irrelevant if they cannot prove they performed on their contract…and they did not ….because they never paid back the U.S. TREASURY BEFORE THEY TRANSFERRED…BOUGHT SOLD OR TRADED THESE CREDIT SLIPS ON WALL STREET….THAT IS SECURITIZATION…..THAT IS A SECURED LEGAL LIEN….therefore that contract …..AND THAT CREDIT SLIP were fraudulently induced…..and both are a nullity….NULL & VOID……

  69. THE FACT IS…..THEIR SUITS WERE FRAUDULENT AT THE ONSET & UPON PRESENTMENT ….BUT I DON’T HAVE TO STATE OR PROVE MY CASE TO YOU….I HAVE ALL OF THE EVIDENCE I NEED….

  70. You are out of your mind guest…..if they WERE the legal title holder of record there would be no lawsuit.

  71. All the settlements excluded homerowner lawsuits. Why? Because of the Titles! For those who can not afford to keep their home and lose it, there is no loss to recover. Just like there is no loss for you to recover for the property taxes you didnt pay. Sorry Stripes!

  72. Who was/is listed as Mortgagee on you Homeowners Ins Policy? Who is listed as Mortgagee on your Mortgage? Who is recorded as Mortgagee on Title? Was the mortgagee on title the party who filed LP? If not …. Houston We Have A Problem!

  73. BTW…..I won’t be MELLOWING OUT unless and until our FREEDOM & LIBERTY IS RESTORED….AKA…OUR CONSTITUTIONAL REPUBLIC…..

  74. APPARENTLY, YOU DON’T KNOW YOUR ENEMY A MAN…I have not hijacked anything…the FEDSTER CROOKS DID….AND YOU CAN THANK THE TRAITOR POLITICIANS FOR THAT….

  75. UKG, they were always united. MERS was named nominee/mortgagee for the investers. The problem arises when a party other than the Note Holder/Mortgagee is not the party on the Note/Mortgage/Title and they file LP and Judical Notice that they are indeed the Note Holder and Mortgagee of Title. LET ME REPEAT … THEY FILED LP NOTICE AND CLAIMED TO BE THE MORTGAGEE ON TITLE. You have two parties claiming Mortgagee on Title for the same Note. Get It?

  76. Bankruptcy Appellate Panel Rejects Split-the-Note Theory
    01/16/2013 BY: ESTHER CHO

    Enter your email to receive Daily Email Updates:
    three-panel judge representing the United States Bankruptcy Appellate Panel of the Tenth Circuit sided with Mortgage Electronic Registration Systems, Inc. (MERS) in a case involving a split-the-note theory.

    In the case Royal v. First Interstate Bank (In re Trierweiler), the debtors argued that a split between the note and mortgage had occurred since Fannie Mae held the note while MERS held the mortgage, according to the decision.
    This, the debtors argued, invalidates the mortgage and makes the note unsecured. The note in the case was sold to Fannie Mae by First Interstate Bank (FIB), who serviced the loan, while MERS maintained the role as mortgagee.
    The bankruptcy court rejected the plaintiff’s argument that defining MERS as the mortgagee in the mortgage had split the note from the mortgage, according to the decision. The court also held that the mortgage was property recorded.
    “We conclude there is no split between the Note and Mortgage arising from MERS being named as Mortgagee on behalf of the original lender and its successors and assign. At all times, the Note and the Mortgage were united,” wrote U.S. Bankruptcy Judge Dale L. Somers of the District of Kansas.
    Somers was joined by Chief Judge William T. Thurman of the District of Utah and Judge Elizabeth E. Grown of the District of Colorado.
    The case affirmed a decision from the U.S. Bankruptcy Court for the District of Wyoming.

  77. Stripes has hijacked this site. Mellow out Stripes.

    NEVER AGAIN

  78. EXTRA! EXTRA! READ ALL ABOUT THEIR CRIMES AGAINST US HERE…..

    http://www.fourwinds10.net/

  79. THESE POLITICIANS ARE WAY OUT OF CONTROL ….. THEY ARE IN DIRECT VIOLATION OF ALL OF OUR LEGAL RIGHTS…..

  80. BELOW COMMENT IF FOR ILLINOISANS….THE LOCAL MEDIA REPORTING “PRIVATE COPS” HAVE THE RIGHT TO TICKET ILLINOISANS…..I WOULD RIP THAT TICKET UP RIGHT IN FRONT OF THEIR FACES….LIKE THE RED LIGHT CAMERA COPS……THAT IS A DIRECT VIOLATION OF THE FOURTH AMENDMENT ….

  81. LOCAL MEDIA REPORTING “PRIVATE COPS” HAVE THE RIGHT TO TICKET AMERICANS…….WHO IN THE HELL SAID…..? STOP COMPLYING, CONFORMING & COOPERATING WITH THESE CROOKS AMERICA…….!

  82. THE STATES ARE BULLDOZING STOLEN PROPERTIES OF THE AMERICAN PEOPLE TO CONCEAL THE BANK OWNERS CRIMES…….THAT IS HIGH TREASON…

  83. WHAT ARE THE GREEDY STATES DOING ABOUT THE BANKSTER CROOKS WHO ARE DEFAULTING ON THE PROPERTY TAXES OF OUR STOLEN FRAUDCLOSED PROPERTIES….? BULLDOZING THE STOLEN PROPERTIES OF THE AMERICAN PEOPLE…..! THESE TRAITORS SHOULD BE HUNG…..

  84. WHY AREN’T THE BANKSTERS PAYING THE PROPERTY TAXES ON PROPERTY THEY STOLE IN FRAUDCLOSURE……? THAT IS CRIMINAL BY DECEPTION…….!

  85. THE COMMIE TROLLS WANT TO BOYCOTT GARFIELD…….GOD BLESS AMERICA…!

  86. Boycott Livinglies and inform Garfield why. Then don’t come back and allow the service imbecile to simply become so obvious that even he finds it intolerable. Only solution. So far, the thumb has not been sore enough. Let’s give her so much rope that she ends up hanging herself. For good.

    Then go on all the foreclosure defense related sites and announce: “I am boycotting Garfield and Livinglies until he chooses to police his blog.” Do it. If we all do, it won’t be too long.

  87. It could not make me more overjoyed to hear the news that I am terrorizing you crooks with THE TRUTH……HOW DOES TERROR AND INTIMIDATION FEEL…? LIKE TYRANNY & OPRESSION I HOPE….WHAT GOES AROUND ALWAYS COMES AROUND….THAT IS HOW A CONSTITUTIONAL REPUBLIC OPERATES…..BY AND FOR THE PEOPLE BY EXERTING AND INVOKING OUR CONSTITUTIONAL RIGHTS…. IT IS CALLED PEOPLE POWER…ALL POWER IS VESTED IN WE THE PEOPLE…..IT IS SUPERIOR TO ANY OTHER ENTITY…..THAT IS FREEDOM & THAT IS LIBERTY….WHEN ONE OR MORE PERSON GATHERS IN IT’S NAME IT’S SUPER POWER IS INVOKED…

  88. same here Neil- sorry Stripes your too much, it doesnt serve people who come here. personally i think you have some good knowledge but it doesnt help much talking about the devil made em do it. why cant you make your point then drop it, jhesus

  89. HOW DOES IT FEEL TO BE WANTONLY TREPIDATED….? I HOPE IT FEELS LIKE SHIT TO BE TERRORIZED….JUST LIKE THEY DID TO ALL OF US…

  90. BTW….THE MAINSTREAM PRESS LOOKS A BIT PEKID TODAY…WELL THEY SHOULD………

  91. I DARE THESE LYING TRAITOR COWARD MAINSTREAM MEDIA CROOKS & THAT INCLUDES RT NEWS AND MAX KEISER TO PUT ME OR MY COMMENTS ON THE AIR…..FOR THE WHOLE WORLD TO SEE…..

  92. 4CLOSURE FRAUD WILL NEVER LET YOU SPEAK THE TRUTH ABOUT THE REAL CRIMINALS HERE…THE BANK OWNERS….WANT PROOF….? TRY TO TELL THE TRUTH ABOUT THE BANK OWNERS..THE REAL CROOKS….THEY WON’T LET YOU…..

  93. KNOW THE TRUTH….KNOWLEDGE IS POWER …ALL TRAITORS ARE BEING REVEALED….

  94. 4CLOSURE FRAUD IS THE POT CALLING THE KETTLE BLACK…CONTROLLED OPPOSITION….4CLOSUREFRAUD IS COVERING UP FOR THE CRIMES OF THE BANK OWNERS…..THEY ARE DUAL IDENTITY FRAUDSTERS TOO…..EVERYONE OF YOU FRAUDS NEED TO GO TO THE GALLOWS….

  95. THESE CROOKS ALSO PUT FLAME RETARDANTS IN SODA & POISON EVERYTHING WE INJEST….TOUCH….& SEE…INCLUDING IN THOSE MERCURY LADEN INNOCULATIONS…..THEY ARE CRIMINALLY DECEPTIVE SERIAL KILLERS OF MANKIND…..

  96. stripes/ivent needs to go…just like at 4closure fraud. I agree w/ Ian

  97. Proof in the pudding. Stripes is totally selfish.

  98. I agree with Ian about stripes

    Hello Neil, sorry to say, but I am not enjoying your blog due to stripes/ivent never-ending posts. She has to go, most of us don’t read her posts, skipping by anything with her name in front. We want to read about case law, recent changes in the law, pro se wins and strategies, etc.
    Please remove her from your site. I have been here almost 5 years and consider her rants an insult to common manners and decency.
    Thank you.

  99. WANTON TREPIDATION IS TERRORISM UPON WE THE PEOPLE BY TYRANTS….IT IS SNEAKY & IT IS CRIMINAL BY ITS DECEPTION… …

  100. NO THIS SITE IS BEING TAKING OVER BY WANTON TREPIDATION BY TYRANTS AND CROOKS…WHO ARE TRYING TO TRAMPLE ALL OF OUR LEGAL RIGHTS UNDER FOOT AND I HAVE A LEGAL RIGHT TO EXERT ALL OF MY LEGAL RIGHTS AS A NATURAL BORN U.S. CITIZEN LIVING IN A CONSTITUTUONAL REPUBLIC TO DEFEND MY FREEDOM AND LIBERTY….

  101. I agree. The site has been taken over by stripes. Limit one coment (50 word max.) per person. I want to get information that is relative and meaningful to the cause.

  102. Ian..It is called the FIRST AMENDMENT ….it is called our right as Natural Born U.S. Citizens because WE THE PEOPLE FOUGHT, DIED & PAID FOR THAT RIGHT…….WE ALSO HAVE A RIGHT TO LIFE, OUR BASIC NEEDS …….FOOD…WATER…SHELTER..& A RIGHT TO LIBERTY……TO RULE OURSELVES AND MAKE SURE THE RULE OF LAW …..THE U.S. CONSTITUTION…IS BEING UPHELD….& A LEGAL RIGHT TO DEFEND OURSELVES FROM TYRANTS AND CRIMINALS….

    THAT IS WHAT BEING A NATURAL BORN U.S. CITIZEN MEANS..

    WE THE PEOPLE OF THE UNITED STATES OF AMERICA ARE INSTEAD OF GOVERNING, WE THE PEOPLE ARE SECRETLY BEING GOVERNED BY CRONY CAPITALIST COMMUNISTS WHO HAVE SECRETLY DECLARED WAR ON WE THE PEOPLE…THESE ARE OUR ENEMIES BOTH FOREIGN & DOMESTIC ……

    THEREFORE WE THE PEOPLE MUST REVOLT…

  103. (DISCLAIM|ER: I am a genius who started college at age 10 and have several advanced degrees, my highest from Harvard University. I will not insult you by inferring that you will be able to duplicate my efforts. I used to be a rocket scientist (I also have an MBA and passed the first part of the CPA exam before deciding to return to engineering) and I assure you that this scheme our financial gurus and lawyers cooked up is brilliant. I just want to share with you that fighting foreclosure can be done, and it is being done.)

    I used quotations, but it’s all paraphrased:
    R. vs. Bank of America
    Judge Hunt: “…and then sometime in August 2012, Bank of America messed up. They blundered into a sale they had no business conducting …. then they reversed the sale.”

    Demurrer overruled.
    Count 1 Wrongful foreclosure — Stands
    Count 2 Violation of Cal Code — Criminal penalties attached, Stands.
    Count 7 Negligence — Stands
    Count 6 Harassment — Stands
    (Since they reversed the foreclosure, other counts not required.)

    R. vs GMAC Mortgage.
    Count Negligence — Stands
    Count Harassment — Stands

    U.S. Bank: “But Your Honor, she owes us $880,000 …”
    Karen: ” Statute of limitations ran out on that debt on 11/23/2011.”
    Judge Hunt: “We’re not going to litigate that now. Ms. R, I will encourage you again to hire a lawyer.”
    Karen: “Thank you, Your Honor.”
    Karen 3
    U.S Bank 0

    Total paid in legal fees since 12/2007 — Less than $1,000.

    # of people that have asked me for help: 2
    # of people I have helped: 2

    % of those who then decided to pay a lawyer on judge’s advice: 100%
    % of those who lost their home and were evicted less than 6 months later — 100%

    You do get what you pay for, and for the most part you are paying someone’s student loans. The government is very grateful to you for that.

    Just peeling the onion and checking in with Livinglies on a regular basis. I’m starting a new Facebook page to share info.

  104. Hello Neil, sorry to say, but I am not enjoying your blog due to stripes/ivent never-ending posts. She has to go, most of us don’t read her posts, skipping by anything with her name in front. We want to read about case law, recent changes in the law, pro se wins and strategies, etc.
    Please remove her from your site. I have been here almost 5 years and consider her rants an insult to common manners and decency.
    Thank you.

  105. Why can’t we have a database of all of our documents in our individual cases?
    I have over 1,000 documents, produced by the Mortgage company. Plenty of evidence.
    People could access the database to connect the dots to all the frauds. Homeowners and people who invested their savings could both benefit from documents otherwise inaccessible. Couldn’t this not only link the facts but the very people who committed the acts. I fought, in Motion form, in court to maintain my NON confidentiality clause, so that I could share my documents. I hoped that after the settlement I could help others. It doesn’t look like settling is anywhere near as easy as the Judge presented it. In fact it is much harder waiting and hoping they will find their way to compliance after they take your rights to do anything else legally. I complied completely. Today I found out there is a foreclosure ACTIVE in the NJ court system. How is this possible? I don’t know which way to go. I was afraid to settle because so many things just looked like they could not just disappear. I am unprotected at the end of settlement.
    My lawyer would not demand they comply, not willing to address the judge. It was made clear in court infront of all f them. So I am not surprised, despite the damage they did while I have waited. He had gotten paid, and that was that. He wanted more money, but I couldn’t get into that whole cycle again, I spent so much and lost so much. Sure the dollar amount sounds good, but when you know how much it cost me, it’s not. They wanted me out of the house, and I am out. I think I have suffered more since I fell for what looks like a bait and switch. The hand is quicker than the eye. It feels like the Court disguised a foreclosure as a settlement, and still behind closed doors did what they and the bank saw fit. My experience with out an Attorney has been to be completely ignored by the court, no matter how much evidence, from the horses mouth, that I had. None of it mattered. I guess though they never tried to use their handwriting expert wittness to prove mortgage signed by my (ex) husband.

    What untold suffering is yet to come? Something new around each corner. I have been trying to find a NJ attorney to now protect me from the “Settlement” . I feel like the Court tied me up with rope and they’ve left me vulnerable, for any and all to throw punches. I keep thinking I should just walk away but then I find a further misgiving. They demanded I comply with stipulations, but did not comply themselves. There was NO meeting of the minds. Everything is of question but zero sense that anything matters.

    Any NJ attorneys recommended? Hoping to find one so I can consult Neil and his expertise, before all is lost.

    If anyone knows of an Attorney with NJ license, please I am in what is the last chance here.

    If we all shared documents couldn’t we cut down on all this deceit or some of it? Couldn’t we find justice for crimes committed? Anyone could search a specific entity and topic and find a similar case. When I see all these class actions that only result in a huge settlement where the borrower receives 2k for their lost home, it makes me ill.

    If I share my paperwork with the gov agencies does anyone benefit?
    I want someone else to learn from my accomplishments and my mistakes. Maybe if we somehow pulled this together as a resource we could win as individuals. Lawyers representing the people as individuals could all have a database to search through files of millions of mortgages. I have my complete financial pkg file. I don’t know how or why they handed it over but it tells a long tale, correction many tales.

    Is anyone else fighting for NO confidentiality clause in their settlements? Just curious. They were very unhappy with this, the lawyers went crazy trying to fight it. I was accused in motion by one of the other parties attorneys as follows…

    “On July 3, 2012, Plaintiffs’ councel advised all parties that a conference… during the conference on July 5, 2012, when the Court asked for her reason for objecting to the Confidentiality Clause… advised that she intended to tell the world about her experiences with the Defendants in order to “educate” the public”.

    I was really surprised to see this as a negative statement. The Judge did rule in my favour. He also ruled to enforce settlement, but the sad thing is that since the actual events that followed, in terms of compliance with what I thought was the agreement, I like the good little girl believed my attorney when he told me the Judge might take my money if I didn’t get out of the house in a hurry. Despite the lack of action for the parties to correct my credit, which would aid me in complying with leaving the house, by the time they gave the first payments to the attorney, then he would not release them because he had to get paid first, which was not discussed, I did not have the money or the credit fix, or other things promised that would enable me to actually rent a home. Finally the first three checks did arrive, but the credit issue still unresolved made it impossible. I took the one place that would take me, but they wanted six months in advance and security. I gave the new landlord a bundle of money. I moved out, after clearing out and completely going over the place well beyond, it was beautiful. The final party was suppose to give me a final check with in one week. They took approximately 10 weeks. I have lost a fortune on the place I rushed into in my attempt to comply and the place is uninhabitable.

    With deplorable conditions, animals living above the bedroom, serious health risk, Raccoons latrine and just unbelievable condition. The sewage has twice gone spilling into the basement, the heat shut off 6 times the electricity not paid by the landlord, contaminants not cleared out by experts as promised, the roof full of gaping holes, not repaired as promised.

    I believed and still do, that I had a great case against the parties, but no one would listen. If you read even the foreclosure documentation in the Chancery case that was initiated after we were well into the Civil suit, initiated in Summer of 2007. (nearly six years ago) it is just not accurate. Not only that but I see there were new mandates that require first hand knowledge and the attorney told me he didn’t know who his client was when I asked him. All the transfers not recorded would be an issue now. The fact that the service was fabricated, and proof shown the , court. During the delay these things apparently became mandated by the the Courts, robo signers, etc. I asked my Attorney were there any things changed to help me… no But what about robo signers and the self proclaimed new assignee, who appeared in the 11th hour and 58th minute? What about the many sets of HUD 1 Settlement Statements forged, with my signature, presented, but ignored?

    This case was just part of the many convoluted twists and turns that look to me to be nothing more than a sleight of hand, but trailed together are the wackiest story anyone could imagine. I don’t understand the events and the allowances made for the the opposing parties, but for me, the rules seem different. I wish I could show everyone how ridiculous it appears. I’d like to. Are all states this way? Now feeling tricked by my State, by the Justice system I once believed in is a devastation. I believed I was standing for what was right. On principal is that not wh at we should do? It is so hard to reconcile this in ones core. How does a settlement end up feeling so bad? Is it all just a trick to make us easier to handle? I do not wish to disparage anyone, but the proof is in the trail left behind.

    The people of this country will give up our freedoms if we have no voice.

    There must be millions of stories just like mine, of families caught in this endless catch 22 that our Courts expect us to live in and keep our mouths shut. It eats us up until we are week and have no voice. It is the most awful feeling I could imagine. Like ghosts…
    What becomes of people after a case like this? How much more vulnerable are we? In my case, far more. The part of the story the Court will not hear. What happens in the wake? Some people not able to go on because of lingering affects and in some cases the unforeseen parties that may turn up in the future.
    I wanted to avoid this, but my confidence is decreasing. There were too many clues, evidences, unanswered questions of possible hidden mortgages. The iceberg that I have theorized for years about the banking scam. I see more and more stories and cases telling me there is a bigger story coming. It’s hard to believe there could be any story left.

    I am a single mom, you can imagine how I and my two kids are disappointed. We thought this the light at the end of the tunnel. Now they have delievered their check to their attorney, but I find out today their is an active foreclosure. I don’t know what to do. I find out there is a tax bill due in my name and knowing already the facts that have been let go, settled because no one would listen, despite no real meeting of the minds, all the evidence that I have just ignored. Left with the impression no one would find in my favour, the Judge knew the jury he told me. They are sophisticated. I am not. It was clear this was the consensus, for what we could see, they talked to me like I was stupid. Well, stupid is not illegal.
    Of course I am not stupid, perhaps naive, but more than anything I just can’t believe this is the state of our Courntry and our Courts. I was tired more than anything, I still am. I have gone from the bad to worse. I was seeking releif, I was promised relief. I hope anyone out there considering settlement will be very cautious. It may not be as it appears. I do not have a lawyer to tell me what I can do to protect myself.

    Is this idea to create a database of evidence from our individual Mortgage files something that could help people win their cases?

  106. I agree poppy, most people are brainwashed and will go along with all of their criminal fraud. They fail to see the DIABOLICAL INTENT and the big picture.

    However, I will not aid and abet their crimes by telling anyone these crooks have the notes or a legal contract because they don’t.

    They are stealing and they are criminals but there is a very sinister reason for that. These crooks are very deceptive Crony Capitalist Communists..and they are pimps and whores for themselves and the richest and most evil crooks on the planet. These rich evil crooks don’t own anything and are simply psychopathic control freaks and what they want is totalitarianism….

    THEY WANT NO PRIVATE PROPERTY OWNERSHIP, NO PRIVATE WEALTH…NO PRIVATE HEALTHCARE….NO SOVEREIGN NATIONS…..NO PRIVATE ANYTHING…..

    They are also spies for these rich jerks … and it is for nefarious reasons..

    THE “FIX” THEY WANT FOR A QUADRILLION DOLLARS IN CREDIT & INVESTMENT FRAUD THEY COMMITTED IN OUR NAMES WITH OUR FORGED SIGNATURES ..TOTALITARIANISM ….

    I will not aid, abet or, be a party to their crimes. They want to annihilate US in more ways than one. They are the real haters in this world and what they want, no one will want to live under it. It is a dictators dream come true and it is evil beyond anyones wildest imagination.

    The stupid presstitutes in the mainstream media are the worst psychopaths of all because they are leading the sheep right to their own slaughter. While they make a huge deal out of non issues like OUR GUN RIGHTS….& OTHER STUPID CRAP….THE CROOKS ARE WALKING AWAY WITH THE JOINT….AND OUR FREEDOM & LIBERTY…

    When the masses finally come out of the ether..I wouldn’t want to be them….and they deserve everything they get.

  107. The bottom line here:

    These thugs are duping the unsuspecting buyers, AGAIN! They are creatures of habit, most thieves are. And they are lazy…it’s working, so why do anything different.

    And the thing is; HOW DARE THEY OFFER FINANCING ON A HOUSE THEY STOLE? Where is the outrage?

  108. stripes

    Whether they exist in the ozone or not is a moot point. Fannie and Freddie, THE GOVERNMENT, is “converting” the properties, with the current administrations blessings.

    I know what you know, but the problem is: most don’t. They are flocking to buy YOURS and MY property. They are getting financed by the government to do so and we cannot get the same offering, after down payments, upgrades and payments made and maintenance. In some cases for years.

    The illusion of a loan is a mere piece of paper no one questions, except those of us that know. They are screwing everyone, to include the desperate BUYERS, who think the government is actually helping them.

    Most people do not think that deeply into a desperate situation.

  109. I call the whole entourage …the obamanation of desolation…

  110. The notes don’t exist poppy because of many reasons…the FED DEFAULT TO THE TREASURY…..the fraudulent inducement…..the origination fraud…securities fraud ….the FED DISHONORED US …ANY ACT OF FRAUD IN A LEGAL CONTRACT DESTROYS THE LEGAL CONTRACT…SEPARATION OF THE NOTE & MORTGAGE IS A NULLITY….ON & ON….THE U.S. GOVERNMENT CRIMINALS AIDING & ABETTING THESE CRIMES AGAINST US. THIS IS AN OBAMANATION IN MORE WAYS THAN ONE….just like what the good book says….there will be wars & rumors of wars…watch for the signs that the time is at hand.

    This evil actually believes population control will stop the fury of the creator’s wrath upon them. These are insane sons of bitches… Remember the Holocaust …meet the new boss, same as the old boss.

  111. When some of you get a chance check out: homepath.com

    Our houses, being sold by Fannie/Freddie online…all over the country and offering favorable financing, but won’t afford us the same. The government HAS our notes and deeds folks…I keep saying it. Every property has a disclaimer for “indemnity” and condition. Some will lose the deposit if they don’t buy, no matter what the condition…I submit this is the new America in home buying, across the board and removing real estate agents too, so they cannot give you “heads-up”..just my piece.

    A government SPONSORED program, encouraged by Obummer and his cronies!

  112. Hadn’t seen THIS one: Valukas, Lehman: Repo 105:

    http://www.nakedcapitalism.com/2013/01/ian-fraser-something-sinister-about-the-lack-of-prosecutions-at-lehman-brothers.html

    …and Peoples’ lives are wasting away in foreclosure for WHAT reason (tell me again)? …and POTUS and DOJ can’t find a CRIME, or a CRIMINAL? ….and WE’re the Deadbeats- the “irresponsible” parties? …and those of us who couldn’t afford usurious mortgages- WE’re expected to find a lawyer to work for nothing to defend 1 house @ a time?

    Yes,yes. Very funny. Very, very funny! How sick.

  113. ALL ,

    If one were to “adverse possess” a stolen/fraudclosed property what would the ideal candidate look like ?? A Countrywide? An Option One , A FMN , A GNM , something that is hopelessly tangled with 4 litigants? I’m guessing one taken by a HOA would be a non-starter..

    Looking for ideas here … I could easily pull this off with a second job to pay the electric and taxes… and file a QT suit…

  114. They are all war criminals…same party are behind this as their last manufactured great depression…. that was their set up to fail of socialism during their last manufactured war they waged on the world…..their last manufactured “great depression”…except that allowed all of the hell we are all living today….they want to steal it all now…..and create totalitarianism…

  115. That’s because Lehman are in cahoots with these crooks and their criminality goes way back in history. These crony capitalist have been engaging in criminal activity for eons and they all work for the bank owners at the top of the fraud chain.

    Don’t make me laugh…..The bank owners want them prosecuted for the crimes they told their perps to commit. This is very revealing about how this crew operates….they are in reallity, al dual identity fraudsters, the pot calling the kettle black.

    If the bank owners tell their perps you have orders to go rob & loot the U.S. TREASURY and the AMERICAN PEOPLE and get filthy rich and all the politicians are in on it…..then you turn around and say arrest these crooks after they do it, you are still a criminal.

    I say seize all their assets and jail them all….including the politicians covering up for these crooks.

  116. Very much in point…

    Friday, January 25, 2013
    Ian Fraser: Something Sinister About the Lack of Prosecutions at Lehman Brothers

    By Ian Fraser, a financial journalist who blogs at his web site and at qfinance. His Twitter is @ian_fraser.

    This is the first interview that Chicago lawyer Anton Valukas has given since the publication of his 2,292 page report into the bankrutpcy of Lehman Brothers on March 11th, 2010. At that time, Valukas found strong evidence of financial and accounting fraud designed to deceive investors at the defunct New York-based investment bank. Valukas is surprised, especially given Lehman Brothers’ rampant abuse of Repo 105 to disguise its precarious financial position in the quarters ahead of its September 2008 collapse, that neither the former Lehman Brothers’ chief executive Dick Fuld nr any other Lehman Brothers’ director has been charged with fraud or related offences.

    Matthew Lee, a Lehman Brothers’ whistleblower who raised grave concerns about the bank’s deceptive approach to accounting to his bosses — controller Martin Kelly, head of capital markets product control Gerard Reilly, chief financial officer Erin Callan, and chief risk officer Christopher O’Meara — is also interviewed in the CBS programme above. The Englishman, senior vice president in charge of the investment bank’s consolidated and unconsolidated balance sheet, was stonewalled on repeated occasions by Kelly,Reilly, Callan, and O’Meara. He eventually became so frustrated by their failure to even discuss the issues he sent what he calls “a grenade” in the shape of this powerful May 16th 2008 letter. But yet again Lehman Brothers most senior financial and risk officers closed their ears. They continued to ignore his warnings and fired him within a week.

    And surprise, surprise, that incredibly honest and upstanding international firm of accountants, Ernst & Young, the failed bank’s auditors, failed to carry out their legal duties (they should have alerted their client’s audit committee or the board of directors to Lee’s concerns after their meeting with whistleblower — at which he warned them of among other things, the bank’s persistent abuse of accounting trick Repo 105 to park toxic assets offshore and manipulate its balance sheet).

    Andrew Cuomo, former attorney general of New York State, initiated a process of pursuing Ernst & Young for aiding and abetting a fraud using the Martin Act, one of the most powerful prosecutorial tools in the United States, just before stepping down from that role in December 2010. The case bounced from the New York State to the Supreme court and is now back in the State court. A trial is expected soon [thanks, Cate Long, for the update here].

    The whole thing is sinister and astonishing in equal measure. The reason that no director of Lehman Brothers has been brought to book would appear to be that US financial regulator the Securities & Exchange Commission, which had a dedicated team inside Lehmans’ headquarters at 745 Seventh Avenue prior to the uber-leveraged bank’s collapse, knew all this chicanery was going on, and must therefore have given it the nod at the time. The SEC may therefore be complicit in the alleged crime and no less guilty than Lehman. Shades of the FSA’s hopelessly compromised position where failed UK banks like Royal Bank of Scotland and HBOS are concerned?
    Read more at http://www.nakedcapitalism.com/2013/01/ian-fraser-something-sinister-about-the-lack-of-prosecutions-at-lehman-brothers.html#USd2lI7ldh3FqZuB.99

  117. MERS IS ALSO THE CRIMINAL ACT OF CONCEALMENT OF CRIMINAL FRAUD COMMITTED BY THE BANKS & WALL STREET…

  118. That is exactly it…..these are allegations being made by a third party that is unknown and cannot be located….the TRUE Plaintiff is not even before the court….therefore their complaints are not just reckless they are criminal by Deception & Concealment of the true facts they are not only hiding CRIMINAL FRAUD they committed by counterfeiting with our forged signatures without our knowledge but are still COMMITING CRIMINAL FRAUD….BY COUNTERFEITING & FORGERY….THE TRUTH IS….these plaintiffs are IMPOSTERS who are presenting fraud upon the court to GAIN UNJUST ENRICHMENT …..ROB US….and they should be arrested.

  119. “There are two things you should know going into foreclosure defense.”

    1) Don’t put yourself in that defensive position… It is a position of weakness since the allegations have already been spelled out by the bank, from the best possible angle… for the bank and in the jurisdiction chosen by the bank!
    2) Attack the bank first. Your allegations based on your investigation. Bank’s in a defensive position and has to figure out how much info you have and whether or not if will be economically sound to defend or walk away from for short money.

  120. Have you ever heard of Ellie Mae …? Not kidding Jed, CNBC reported a few months ago there is an Ellie Mae too… yeehah…giddy up fraudsters your jalopy awaits.

  121. The best example of this craziness is Ginnie Mae because it is written what the procedure of the pooling consist of. Notes are to be endorse in blank and relinquish to Ginnie Mae who as Ginnie days does not purchase home mortgage loans or sell them.

    So when the blank Notes are relinquish it cause the Notes to become non-negotiable because they do not contain any debt.

    A Note is only a Note when it contain a debt due, and if there is no debt due to the holder of the Note, there is no Note. One cannot claim a debt without a Note or proof of a loan, by way of cancel check, wire transfer or some exchange of monies.

    However we not that Ginnie Mae is not authorize to purchase this debt for the America taxpayer. This game is over, if only the White House understood the legal aspect of a Note, we could have had this problem solved 4 year ago!

  122. A total of 1500 bankers went to jail for the S&L debacle. That is proof this is a vast criminal conspiracy and a vast criminal coverup at all levels of government. The people who are engaging in covering this QUADRILLION dollar fraud up for the banksters are worse than the criminals who did this IMHO because this cover up is leading America blindly into Totalitarianism. This coverup for the unsustainable debt fraud of the banksters is slowly and strategically bankrupting the American people and it was intentional because the crooks at the top of the pyramid scheme want totalitarianism….complete communism.

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