Force Placed Insurance Used As Excuse to Foreclose

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Forced placed insurance is a mechanism by which the banks can force people into foreclosure based on collusive action between the insurer and the bank. If that happens then they  have unilaterally changed the APR and breached the contract. Demanding the payment and declaring a default based upon a false declaration of insurance failure or a false declaration of the cost of force-placed insurance could invalidate the note of default, the foreclosure, the sale and the eviction.

Sound crazy? That is because it is crazy, but nonetheless quite true. It has led to numerous civil prosecutions in various states where “lenders” have agreed to to reinstate loans improperly declared in default and in which the “lenders” paid tens of millions of dollars in fines and refunds. The bottom line is that they will do anything to get homes into foreclosure or to use the failure to pay insurance as a reason for declining a modification. It is a clear opening for borrowers to attack everything from soup to nuts because if the “lender” is demanding the wrong amount of money it not only invalidates the notice of default, the foreclosure and the sale, it  also violates the homeowners’ redemption rights.

The key to unlocking this particular version of bank fraud is to put pen to paper.  Figure out the (make a call) how much the premium should be on say a home that was mortgaged for $700,000. Then ask for the premium if the insurance was only $200,000. Anybody who reads this blog will know instantly that the amount of the insurance premium is going to be less when the insurer accepts a $200,000 risk instead of a $700,000 risk.

Here is where the sleight of hand comes in. We know that the insurance carrier is not going to pay more than the replacement value or fair market value of the house which ever is less (or more depending on the policy).

When the Bank “buys” insurance under force-placed insurance, it is “buying” a policy for a stated risk of $700,000, which is the amount of their loan. But both the bank and the insurance company know that the real risk has declined to $200,000.

The premium charged is for the $700,000 policy even though the  product sold (risk assumed by insurance) is only $200,000. THEN the bank puts a surcharge based upon the premium “paid” for the $700,000 policy.

But did they really pay for the $700,000? No, they split it up with the broker, the carrier and their own service department at the expense of the borrower who if they do reinstate is being price gouged and if they can’t pay the overcharge, they face foreclosure.

The insurance policy the borrower purchases is intended to cover the replacement cost of the house, not the mortgage. When the borrower misses a payment or fails to keep up the insurance the bank create a situation in which forced placed insurance is imposed at a multiple of the regular premium.

But it goes further than that. the original insurance premium was based upon a value placed on the house by the appraiser and which the bank used to find the initial loan.

Before the current era of mortgage madness, the likelihood that the house would be worth less at the time of foreclosure than the time of purchase was extremely low. The issue which I am discussing is not one which applies to the old mortgages, although the insurance premium included a surcharge that was force-placed placed and those could be considered unconscionable simply based upon the fact that the premium imposed by the bank was much higher than the premium which would have been charged directly by the insurer to the borrower.

In the current situation we have an entirely different set of facts which definitely creates an affect on the unconscionability of the insurance charge to the borrower or in force-placed placed insurance. where the replacement value of the home has declined substantially, the amount of insurance which the insurance carrier would carry as a risk is limited to the amount that would be required to replace a home.

This should result in a decrease in the premium at a time when the property was originally insured add a much higher value. Let’s take a case where the property was originally appraised at nine hundred thousand dollars and the price for the purchase of the property was $850,000 and we assume that the buyer put hey down payment of $150,000, the amount of insurance value for the bank was the amount of the mortgage which is $700,000.

At that point the insurance carrier has not done anything to verify the replacement value of the property. They are simply taking the closing documents as a representation of the fair market value of the property. But their liability is limited to the replacement value of the home.

If the fair market value of the property has declined to $200,000 and if we take that figure as the replacement cost of the home and the event of a total loss we can assume that the carrier will only cover the replacement value or $200,000.

The premium for a home insurance policy in which the risk assumed by the insurance company is $200,000 would result in a much lower premium than the premium that was originally charged when the insurer was taking on a risk of $700,000.

Since it is clear that both the insurer and the bank both know that the premium being charged to the borrower is for the $700,000 policy while the actual insurance is limited to a risk of loss of $200,000 an assessment of a premium based upon the $700,000 figure would be an overpayment, unconscionable, and probably in breach of contract as well as collusive in defrauding the borrower.

Adding the surcharge imposed by the bank for force-place insurance based on the premium for a $700,000 policy results in an insurance payment that is many times the actual amount of the premium that would be charged by the insurer to the borrower or the “bank.”

The insurer would simply pay the replacement value in the event of a total loss even know it had received a premium based upon a $700,000 value. The surcharge imposed by the bank for force-placed insurance would be based upon the premium for the $700,000 policy which we have just seen is fabricated. therefore using force placed insurance as an excuse for foreclosure leads to various defenses.

A similar situation arises in the case of title insurance. title: carriers will routinely deny coverage for any corruption of title caused by claims the resulting from supposed land transactions in which the loan was sold or securitized. A subpoena issued to the title insurance carrier would reveal that the reason they would deny coverage is that the chain of title was corrupted from the beginning and therefore misrepresented which induced the carrier to accept a risk of loss which was not was in the four corners of the insurance contract.

It’s by going after the nickles and dimes that things pile up and reveal wholesale fraud. Don’t take my word for it —figure it out for yourself. Nearly all force-placed induced foreclosures were the product of fraud and collusion and that is what states around the country are prosecuting, passing new regulations, and passing new laws. The refund is subject to contingency fees for the lawyer — another open can of worms with deep pockets and weak defenses.

Regulators Review Costs of Force-Placed Insurance

By EDWARD WYATT

A widespread practice by lenders of buying often-costly insurance for mortgaged property and billing the owner is under scrutiny.

http://www.liveinsurancenews.com/force-placed-insurance-settlement-achieved-in-new-york/8522034/

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170 Responses

  1. A motivating discussion is definitely worth comment.
    I believe that you ought to publish more on this issue, it might
    not be a taboo subject but usually people don’t speak
    about these issues. To the next! Best wishes!!

  2. @E Tolle: I have done some background research on some of the judges. All of them have a conflict of interest because of their pension plans being invested in mortgage backed securities. However, in one hearing before the judge I was told on the record that only two judges in the entire courthouse were not somehow related to opposing counsel’s law firm either by blood and relatives, employed there, married to or formerly employed. I suppose there are other reasons as well. In addition, there is the Administrative office in Washington DC where you can obtain a list of all the finances of federal judges and what they are invested in personally. Very interesting information. The judges also go to seminars where they are “trained” to look at certain situations a certain way if you get my drift. Are there other even more nefarious reasons, you betcha!

  3. Excellent interview …Alex Jones & Michael Savage…..”the commies have bought the banksters debt fraud”…….
    http://www.electronzio.com/?q=node/711

  4. I agree Deborah..these traitors have us dancing with wolves. It is evil. These crooks know the attorney’s and judges are compromised. The judges pension funds are invested in this Securities Fraud and the Attorney’s bread is being buttered by helping these crooks. We don’t have thousands of dollars to fight these crooks or we would not be in fraudclosure. Everyone has to eat and keep the lights on.

    Bottom line, no matter how much they steal from us it will never be enough for these crooks. They have loyalty to no one. It is simply another terrorist operation.

  5. as for stopa criticizing pro se litgants that has to be substantiated, no different to blondes being criticized, it gives us an edge, since im both. and your right- what choice do we have sometimes, though ideally i would love to hand this all over to council, that takes a lot of moola and more realistically some one willing to represent me, my rights and fight like hell. thats very hard work in this arena of litigation. and point is- should nt be.

  6. k stripes- you said-

    ” What don’t you get about that?

    There can be no peace & no security until the rule of law is restored.”

    this i get

  7. Let me be clear Deborah….this is a war on our Constitutional Republic. Because of a massive coverup about THE FACT IS there is NO SECURITY because of what these Imposter Felons and their Investors have done…..this nation and its people are in living in peril and millions don’t even know it.

    As a result of RECKLESS CONCEALMENT …millions of Americans are paying their hard earned money and handing their properties over to & are aiding & abetting these FELONS…THESE PEOPLE ARE IMPOSTERS…THEY ROBBED US OF GAZILLIONS OF DOLLARS.

    What don’t you get about that?

    There can be no peace & no security until the rule of law is restored.

    If the link below does not work….the article is also posted at the hijacked U.S. Treasury Dept’s website…I mean 4closurefraud..

  8. Our dear friend Mark Stopa is openly criticizing pro se defendant’s on his website, as if we have a choice. He should pay a visit to Foreclosure Court in Cook County, Illinois….Obamas old stomping ground……and see how many attorney’s are fighting the felonies of the banksters….ZERO….. What arrogance….!

    Stopa is dishonoring the American people by gving no credit to pro se defendant’s WHO ARE doing the honorable thing….. fighting for what is right, not fighting for what these Imposter felon banksters think is “fair.”

    Read it here:

    http://www.stayinmyhomeblog.com/blog/2013/04/can-anyone-verify-a-foreclosure-complaint/

  9. stripes be clear,
    im not in total diasagrrement with your points, ive always been respectful- until latelycause your too much,…come on temper it, and we would all be in peace here, whats more, clearly your not an idiot or a imbecile, and im not completely convinced your a plant to disrupt-( well you might be , but as always i give benefit of doubt,)
    but you ARE being ridiculous and are serving your own needs at the expense of others, think about it… compromise by not flooding the site, im asking you nicely,- im not going to be wasting my awful typing skills/old keyboard anymore ,im asking you nicely, so we can perhaps focus on solutions to problems we face in court and strategies yet to be discovered for offence and defence. im not your enemy.im in this boat too.

  10. Kathryn, great job, i know what it takes to g in there with heart rate around 160/min

  11. Katheryn, Thank You for the Update. Amen to taking over your life again. May God Bless You in Your Journey.

  12. Bravo katheryn…! Stick to what you want and don’t back down. Excellent job…! PEOPLE POWER…!

  13. @JvE and Other Fighters

    First, JvE and rest, thanks again for all your great input and support! I just returned from court and here is a quick summary. Please keep in mind that this is the BK court because I started out in June 2011 filing a Chapt. 7 and then in July, 11, filed an adversary proceeding. Prior to filing the bk and adv. proceeding I requested a recission of the refinance. We were dual tracked into foreclosure with the on-going promise of a mod. My complaint basically consisted of rescission, unjust enrichment, TILA violations, breach of implied covenants, good faith and fair dealings. I did not initially challenge the standing in any motion, however, I kept the dialog going in all of my written communications with them and their numerous attorneys and law firms.
    The status hearing was only perhaps 10 minutes. Only the one attorney for BoA was there and she told us she is still working on a settlement offer. She first presented her version, which was completely ccivil and her informing the judge she had not filed a “motions briefing” aas yet because she was hoping her clients would settle. I did not know what she was talking about because I prepared and filed a status report with the court as instructed. The defense having to file a briefing was something that I am not familiar with and will have to research. At my opportunity to speak I told the judge that I was just waiting for his rulings on the outstanding motions, specifically their motion for SJ. I let him know that I had very little confidence in the defenses willingness to settle and was ready and willing to proceed to trial if he did not find in favor of defenses SJ motion. After some dialog the Judge gave the defense two weeks to attempt to settle and we would all meet back in court in May to either let him know a settlement has been reached or not. If not he wants the defense briefings on the outstanding motions so he may rule on the merits. (exact verbiage).
    Where my case is different from most is that I don’t really care about giving up the house…but I need to have money to get back on track with my life. I do feel as passionate about the decline of this country and the theft and destruction these crooks have caused and continue to cause just as most others here. I don’t need to tell any of you how painfully difficult, stressful and frightening this has been over the last few years. I can say with complete confidence that I will fight on for however long I can if they do not offer an equitable settlement. I detest the thought that they have no legal right whatsoever to the home but that argument will never preveil in the state I live in:( I do know that it is so important that each one of us fights these criminals in any way we have the ability to do so. It is still surreal to me that our government and justice system has become a system of law based on those that are too big to fail and jail. There should be no person or corporation that is above the law as these criminals have and continue to be. I don’t know what will happen in the next few weeks but will stay tuned to the boards and update. Probably even participate here and there. I do find it very helpful to hear of others successes and those that have not been as lucky. I think it really offers help in a round about way to move others along the path hearing it all. If there are those here that are imposters and work for the banks and other theives…remember, karma can be a real kick in the ass. Thanks and good karma to all the warriors out there. I have done all that I can for now and will just have to see what happens! No matter what, “tomorrow is the first day of the rest of my life”, and I will not let them take that too.

  14. WHAT YOU CAN BUY FOR HAVING YOUR HOUSE STOLEN…
    http://forhavingmyhousestolen.tumblr.com/

  15. The usual cheap shots and innuendos eh…..Bob the G-man… I am paid by no one….you can’t buy honesty like this. I know liberty, freedom & independence are something money can’t buy…. My type of loyalty to my country and fellow Americans is priceless.

  16. I post discovery….the trolls attack it. Tell them to stay out of my sandbox unless they want to be honest…. I don’t need them dumping their criminal crap in my clean sandbox. That is just rude.

  17. I am not playing in anybodies sandbox….that would best describe you Bob G-man and your criminal friends. By all means, go cry to Neil……that is what cowards do, look for other people to save them.

    When you grow some cahones ….. post a valid argument. Until then your premise is invalid, faulty & just plain ignorant.

  18. Stripes…if you’re so offended by the other posters, why on earth would you want to play in the same sandbox?

    I think that you are a paid provocateur charged with disrupting this board. Either that, or you are clinically insane.

    I’m going to send an email to Garfield at neilfgarfield@hotmail.com and request that he ban you from the blog. You’re hurting Garfield’s brand and probably diminishing his sales as a consequence.

    This is no place for one such as yourself. As you can see, there are no padded cells here.

  19. Licentious liars, haters of anything good…..that is the best character description I can give for everyone of you deceptive crooks.

  20. No Deborah….not by a long shot…..what is ridiculous is anyone who would be lying and covering up for these imposter felons. That is why people are not as pissed of as they should be. It’s not the flouride or the bread & circuses keeping people from being pissed off….it is the ongoing coverup. Most Americans don’t really have a clue about what these crooks have done….who they are and what they want as a result is totalitarianism …totus tu evil…

  21. you, sir, have no clue about force-placed insurance. Your blog is filled with lies and misrepresentations. While some banks do receive a commission on the policies written (not a good thing) your allegation that $700,000 of coverage would be purchased knowing that the maximum payout would be is $200,000 is completely and utterly false. You may want to know a thing or two about a topic before posting.

  22. Jan & Christine,

    I have been out of pocket for like the last 24 hours attempting to get the bills paid but I thank you for your answers and I will try to absorb the information in the next 24 hours. BTW Christine, I have considered everything from going after the servicer for insurance fraud to filling a quiet title right after I dismissed my first case but wussed out. Just not comfortable with the ins and outs of it yet. You’re right though, it will eventually come to a head, just not sure when. Jan, good stuff as usual and I see where your going with it (finally) thanks and I’ll get on it. Trespass, you must have been reading my mind since I was about to get on the phone and find out what the heck happened to the checks that were supposed to be mailed in March.

  23. Strioes
    Your bloody ridiculous on here

  24. Please excercise your free will to not read my comments Deborah.

    I have no choice other than to be a pro se defendant. This was not my choice and no one would make this choice. This was forced upon me. I have learned a lot by asking for advice and seeking help from non attorneys. There is nothing wrong with or illegal about sharing knowledge.

    You obviously have another agenda here that is not being complied with when the truth is being told.

    I have no use and no respect for anyone or anything of that ilk.

  25. There is nothing rational or sane about covering up for these felons. That makes you a party to their felonies. That is in fact insane and a clear sign of mental illness.

    CNN reporting another horrifying statistic because of the black hand among us. An alarming increase in mental disorders in young children. Children at a younger and younger age are showing outward signs of abuse and drawing pictures of what looks to be aliens and writing messages on these drawings like help me. That is simply appalling and alarming. There definitely needs to be an independent investigation into what is harming these children.

  26. Strioes ill snswer
    You are full of it. You dont know my case you are not an attorney uou attended no institution of law schooling and are self taught power to you but interpret without guidance and admittedly i had to also- however i have networked to afford me oroper guidance snd coaching, pro se ers are sllowed to get help. Let that be clear- however
    Ive news for you: its tbeir game not yours my guess is uour up the yazoo because you were labelld vexacious litigant rough guess-but i play by the rules surround the enrmy use what they submitted into evidence and turn the game on them . For the ithers posting on here-
    Stand in truth be smart be not afraid and the outcome takes care of itself in divine order. And please i dont want any mire ” news ” from you.

  27. Thank Heavens I am of Sound Mind, Body and Soul. Being a Reasonable and Rational Person Keeps Me Sain. Its a Happy Place to Be.

  28. Right on poppy…! Why would anyone in their right mind be defending these imposters and felons ….? They wouldn’t be, and they are not in their right minds, not one of them.

  29. @ E ToLLe

    My response: My filing included accusations of counterfeiting, treason, terrorists, recusal of the judge, etc…they responded by “vehemently” objecting and asking the court to consider my case one of contempt…and sanction me.

    E, I am done with miss nice guy. These people are all lying and committing felonies daily. At this point I’ll take it, as I speak the truth. If I get whacked for that, then so be it. They need to be put in jail. Much of my filings now are based on lack of subject matter jurisdiction, which is correct, as this is commercial law, not administrative as they are seeking relief under. Filing with the secretary of state in NC a affidavit which makes me a commercial entity, let’s how they like that. Some of us in this court have considered a background check on the judge too. Something very odd about these judges rulings.

  30. Local media reporting the Emanuel’s are the 3rd most powerful “family” in the country…the Bushes are #1…. They are clearly all legends in their own minds and no one else’s. They did nothing good for this country or it’s people except put forward a totalitarian agenda that is unamerican and illegal and enrich themselves and their criminal investor friends off the backs of We The People.

  31. You commies can have all the secret meetings you want about stealing our free will…. it does not change the truth.

    When you know the truth, the truth is unchangeable.

    What these imposters are doing is clear, they are trying to destroy our free will.

    These investor crooks want everyone to believe the BIG LIES they own everything & everyone.

    Those are not only BIG LIES…..that is simply unacceptable in a free & open society……IN A FREE & OPEN SOCIETY……OUR CONSTITUTIONAL REPUBLIC… NO ONE CAN BY INVESTING IN EVERYTHING WE OWN, PAY FOR & LABOR FOR OWN SOMEONE OR THEIR PROPERTY, PAPERS OR EFFECTS….

    The truth is undeniable….everything they have done and are still doing is felonious.

  32. E Trolle…..you do not even know what it means to be an American or you would not be wasting your time fighting with yourself. You can only be considered an Imposter if you wish to stifle anyones free will…..you are a big fat fraud.

    We The People decided long ago we would not take orders from or be ruled by dictators or monarchs. Therefore, that makes everything you say irrelevant.

  33. I was going to respond, but E. ToLLe did it for me.

    E.Tolle, if you would like to have an intelligent conversation about these matters, email me at bob1365@gmail.com

    Bob G.

    I’m simply saying

  34. I will not discuss the status of my pending cases. I do not want to compromise their outcomes. However, if I see fraud, I will expose it.

  35. This website is a microcosm of the problems we face as a society. Many here take up for this idiot stripes, in the false belief that freedom of speech should trump any other concern. As I’ve said before, there’s no such thing as freedom of speech on a privately owned website. Tough rules those.

    It’s not debatable that the incessant diatribes spewing from this poster’s keyboard are an enormous waste of everyone’s collective time….to attempt to argue otherwise is a lesson in futility. For those posters who are fairly new here, the truth of the matter is that there used to be many more valuable posters here, along the lines of the current JvE, only they left due to the nonsensical rants of this person who feels the need to comment on every single post displayed here. Ad nauseam.

    I say it’s a microcosm of the bigger world we live in due to the reluctance of people to call out the insanity of this problem here on this board….the undeniable fact that this character hijacks every single thread in a concerted attempt at reshaping the narrative….it’s not accidental, it’s a very concerted effort on this person’s part. The damage done is apparent to some, but goes far beyond just having to wade through these idiotic posts. This can be directly related to the narrative that the banks and their in-bed regulators push on the accepting public, that of there being no point in fighting….simply accept the fact that things are the way they are, and that no amount of public opposition will right the sinking ship.

    I for one refuse to accept the oligarch’s M. O. and their 100% disingenuous rationale, and I’ll also refuse to accept this jerks hijackings as necessary for freedom’s sake. If I had my way, I’d drop-kick this asshole to the moon. And no Christine, it’s truly unfortunate that there’s no technology available that would allow individuals on this platform to reject the posts sight unseen. This “ignore” feature was built in on the older community boards way back when. It’s just very unfortunate that Neil Garfield hasn’t the time or the inclination to reject this person’s constant regurgitation of wild-eyed assertions. While there may be validity to some of the arguments, but it doesn’t take much to realize that they have no validity on this website, as there are many other websites not related to the defense of mortgagors in foreclosure where these issues can be and are argued. That, combined with the constant change of subject, and it’s easy to see that this is a feature, not a bug. The poster’s intent is to damage, not enlighten. To think otherwise is foolish, and a danger to the ongoing educational debates held here.

  36. What I realize Bob G is an attack on my first amendment right by you….Who in the hell do you think you are calling exposing what these Imposters & Felons are doing to We The People, blather….?

    This exposure about what is really going on in the trenches is not blather, it is both necessary and urgent.

    You obviously hate our freedom.

    THIS IS NOT JUST ABOUT WHAT THESE INVESTOR CROOKS HAVE ALREADY DONE BUT….WHAT THEY ARE STILL DOING TO THEIR VICTIMS EVERYDAY…IN REAL TIME.

    ANYONE WISHING TO SILENCE THE TRUTH ABOUT THIS THEFT OF OUR FREE WILL IS OUR ENEMY…

  37. My time is not free, Bob G….this is a sacrifice that I chose to make because I see the urgency of these matters. I see these sacrifices of my valuable time are no different than a soldier fighting on the front lines of this manufactured war on terror. Citizen blogging is both necessary and urgent.

    Our Liberty, Freedom and Independence are in peril., this is both an open and secret war…..It is an undeclared war on We The People. Though George W Bush said openly, this is a war on TERROR and these terrorists hate our FREEDOM…he never specifically described or disclosed who this enemy is or who this war on terror is being waged is……EVERY AMERICAN…Therefore, I feel it is my patriotic duty to alert the people about WHO THEIR ENEMY IS….Imposters and Felons AKA THE LARGE INSTITUTIONAL INVESTORS in everything we own and their main method ….. through stealing our wealth, they have hijacked our Constitutional Republic and are both openly and secretly holding our Liberty, Freedom & Independence hostage and are terrorizing We The People.

  38. If your goal is to expose the imposters and felons, you’re late to the party. They’ve been exposed for several years now. So you should consider the mission accomplished.

    Stripes, don’t you realize that on every new post, your blathering occupies at least 65% of the comments, and probably 80%+ of the comment verbiage. Do you really think that that is normal behavior?

    Now if you really want to help folks here, tell us about your wins in foreclosure court, and the tactics, strategies and resources you employed. That would be something I would find worth reading, and I’m sure that others would also.

  39. It is is my mission Bob G. to expose these IMPOSTERS & FELONS… It is none of your business AT ALL what I choose to do with my valuable time. This is my time, not yours. I am not sorry that needed to be said to you nor do I make any apologies for exposing these investor crooks.

    Trying to insult me or trying to tell me what to do is the worst possible thing you could be doing with your time. I do not take orders and I do not cower to anyone.

  40. I know you are not that naive to believe that guest. Just who do you think you are protecting by covering up for these felons…? If you think that protects you all I can say to that is, that is the same thing the German people thought while the investors slowly and strategically disarmed the people.

    Look at what these investor crooks are doing now…. Obama wants new high tech jobs….Who wants to work for these investor crooks …? Who wants to depend on the undependable …high tech jobs are precisely what is masking the fraud & felonies of these crooks. Obama wants to make cuts to programs people already paid for to harm the weak. These politicians are evil incarnate and are out of their minds and out of control with greed.

  41. To Stripes:

    You seem to have an inordinate amount of time on your hands. With all due respect, you are taking up a lot of valuable electronic real estate on this blog with little productive or helpful result.

    I’ve yet to see anything that you have posted that would be helpful to anyone here. Are you gainfully employed anywhere? Do you work for the banks? What’s the story?

    How is it that you have all this time on your hands to babble on and on nonsensically on every new post? I think that you are doing a lot of folks here a grave disservice, engendering a sense of helplessness and causing them further depression.

    Of course if that’s what someone is paying you to do, well, that’s another matter.

    If you’re not being paid to disrupt this blog, then perhaps you might want to consult with someone in the medical or psychiatric field, because your relentless postings on every one of Neil’s topics is not “normal.”

    Sorry to be so harsh, but I think that it is necessary in this case.

  42. I have news for you Deborah…..there are no transcripts, no records of this. I have yet to see one court reporter in a foreclosure courtroom.

  43. That is easy to say guest when you are not being openly terrorized by them. Let me tell you this, millions of Americans are being openly terrorized and tormented by these greedy investors every single day.

    You “think” because you get a pension or you are somehow invested in this scam that you are above their horror show? You are not, you are far from safe & secure in your person, papers, house or effects. It is not live, laugh, love, learn when you are struggling to live …. there is nothing to be happy about when you can’t find a way to provide for your basic needs in this country anymore.

    This is open blasphemy of God.

    These people despise anything good.

    This is how they wipeout your freedom and independence … what don’t you see?

    You don’t see there is less & less money in circulation because these Felons are stealing our wealth by re printing their Felony debt fraud to buyback their own Securities Frauds…..they are counterfeiting massive Securities Frauds…they are openly committing ACTS OF RICO ..and as a result they are handing us our asses…..you are paying more & more for everything and are getting less & less quality, quantity & service….?

    These investor felons who don’t own anything are devouring our freedom and independence in unprecedented fashion.

    This is not a drill.

  44. Kathryn
    Giod luck god speed
    Remember – every word counts in law. Then get the transcript asap

  45. LIVE ~ LOVE ~ LAUGH ~ LEARN

    They only hold power over you, if you give it to them.

    Have a Blessed Day!

  46. Jve. I did that- they all fell into the hole. Checkmate- im serious i would like to talk to you about the posture of my case. Its in a strong position. Djw4zen@gmail.com
    Maybe you might want to act in a consultation capacity.

  47. These evildoers are denying sick people doctor’s visits and telling them they won’t be able to see them until they are well. One victim of that latest scam remarked, who wants to see a doctor when they are well….? Obviously these greedy investor crooks do.

    What they are really doing by trying to force OBAMACARE, totalitarianism down our throats is, they are making people hate them with a passion. They are overunning the hospital emergency rooms with patients who are not being treated properly and they are making people sicker. They are trying to replace traditional doctors visits with trips to their corporate headquarters. These second rate minute clinics inside of corporate pharmacies. People are waiting for hours there when there are only a couple of patients ahead of them. These are not even doctors and I was told by a few people they ask way too many questions that are not relevant to a normal Dr visit.

    They are cutting down on or flat out denying people who worked their entire lives assisstance. They are trying to force people into losing their homes. I know of one family who are now eating out of food pantries to keep their lights on. The local catholic church paid all of their bills and their mortgage last month. The wife worked in banking security for over 20 years, she got canned 2 weeks before Xmas…no reason given….she has not been able to replace that income…unemployment does not help much…her husband is a carpenter named Joe and he has not had steady work in the last 4 years. They have only 2 years left to pay on their home and recently refied. These people are distraught. These crooks are stealing peoples dignity. The bank was literally stealing money out of her daughters joint bank account to cover their bills. This is beyond criminal, this is diabolical.

    Obama is speaking right now from the rose garden about “jobs.” I shut him off, he is simply a liar. His hatred for this country and its people is now apparent on his face as well as every rotten, lying, licentious, politician. They are all maniacal and diabolical, every last one of them.

  48. May I add, I really don’t give a damn what the Rothschilds lent the Rockefellers or what these Crony moguls did. They never owned anything in the first place. These control freak investors are very deceptive about what they do. Everything they have, they stole from us.

  49. Jan Van … I’ve been away from this board for a couple of years…you and I have discussed this stuff privately back then…email me at bob1365@gmail. will update you and you can update me.

    Regards,
    Bob G.

  50. It is completely disgusting to me the way these people in the media and these politicians carry on as if a massive robbery never happened. The politicians will do just about anything to keep robbing everyone and allow these bankster crooks to keep robbing everyone.

    What they are stealing is alot more than just our livelihoods and wealth as if that is not enough. This is the face of complete communism. This is not as extreme as they want it to be but, that is right on our doorsteps. This is still a softer version of Hitler’s Germany and Stalin’s Russia but, what will happen when people really begin to wake up and start openly rejecting what they want? When they disarm the populus in every way imaginable…?

    That is the question I have and it is a serious one.

    It is so apparent on its face I can’t stomach listening to these politicians, their minions, people in the media or their guests talk anymore. It is so obvious what they are doing. Even when news programs openly discuss it and point out what they are doing or saying is communist……..or this is because of that community organizer, these people are Alynskiites or everything they are doing is unconstitutional and illegal they make light of it, or they make jokes about it, as if that will just make it all go away.

    These things are not funny at all.

    The mortgage settlement to cover up for felonies and other “fines” for felonies, foreclosures, loan mods, refis, short sales, FED monetary policy, all of their irreverent Acts such as, the Patriot Act, the NDAA, OBAMACARE, the community re-investment Act, Nationalizing Felony Fraud, not prosecuting Felons and traitors, progressive taxation, the never ending bailouts of these Felons, inflation/deflation, these are all coverups for the biggest robbery of our Liberty, Freedom & Independence in history.

    This robbery makes the last great depression look like a cake walk because most people do not even realize what they are doing. The social safety nets they put in place and other “fixes” conceal their true crime. There is no security.

    These are thieves that come in the night. This is the face of totalitarianism. No freedom loving American should accept any of their fixes for for fraud. This is all being done for the benefit of the control freak investors at the top who do not own anything.

  51. Best of Luck Kathryn, Go Kick Bankster Butt. If you need to release steam on the banksters councel ….. wait til after the hearing and tell the councel that he seems a little out of whack, and ask him when the last time he had his hormone levels checked. When he goes speachless ask him when the last time his wife gave him sex. I guarentee he will never look at you the same again. hahahaha

  52. JvE,
    You are indeed a very nice person. It is early morning and we will be getting on the road soon. The court is about 130 miles from our home. I thank you again for all the help and tips and for sure I will use them. Believe me, my response and objection spelled out each and every issue of material fact (fiction) in the SJ Motion and Supporting Brief. My disbelief is how blatantly they lie; it is really a bit surreal?

    No matter what the outcome today, I am going in prepared and armed. Unfortunately, I only have a 22 rifle and they have artillary tanks :)

    I will post tonight. That is if I control myself and keep from being thrown in jail for contempt. Just kidding! I do so much appreciate your help and everyone here who tries to help others in this awful mess.

  53. By free markets I mean private business ownership. First they wiped out the little guy…now they are all on top of each other like a giant megabeast…. Within one mile of my home there are 4 corporate owned grocery stores..a starbucks..a home depot…tj maxx CVS Walgreens….. 3 corporate gas stations…office depot….3 banks…a mcdonalds…..hobby lobby….menards….GNC….game crazy….& the one private restaurant just closed….and there is a major shopping mall five minutes away…it is just hideous.

  54. I agree carie….that Bush clan are something else. It is all about control through investing. I can’t stand any of these greedy bastards. These greedy jerks have literally wiped out the free markets. Corporate logos or any logos make me want to hurl. This type of greed is almost beyond belief. Everytime I see one of those investor lists…it’s the same ones over & over again and they have the nerve to tell us this is our own fault….? We allowed this…? Oh hell no…! No one could have known what these sneaks were doing.

  55. They answered “America’s Homeownership Challenge” with MERS.

  56. This really isn’t about religion …. those are other peoples interpretations ….. I see things much more clear cut than those so called theologians do. Who made them the authority…the final word? They did. I think for myself. What they say never makes any sense to me. They talk in dizzying circles.

    All I know is the suffering that has already occurred because of this robbery…these people are control freaks.

    I personally know of 3 suicides because of what these crooks did. One man was a successful homebuilder….he blew his brains out over this manufactured crisis and left his wife a widow with triplets daughters. The 2 others were successful businessmen with families as well. I also know of a family whose son died in his sleep at 24 and they had no money for a proper burial for the young man. That is just not only not right. That is just the tip of the iceburg. There are a lot more horror stories because of what these crooks have done and they carry on as if they did nothing wrong. That is evil.

  57. .

    Foreclosure Review Finds Potentially Widespread Errors

    http://www.huffingtonpost.com/2013/04/09/foreclosure-review-errors_n_3045941.html?show_comment_id=243724922#comment_243724922

    from comment section:

    “…Bush asked the management of Freddie Mac and Fannie Mae (many of whom were his appointees) to make 440 BILLION in loans to poor minorities.

    He asked for 2.4 billion in tax credits (corporate welfare) for home builders who build low income housing.

    He asked for 200 million per year to pay the mortgage closing costs, and since the president appointed management they followed orders….

    Bush issued “America’s Homeownership Challenge” to the real estate and mortgage finance industries.

    Then there is Bush’s cousin, Herbert Walker, who was vice president of the Goldman Sachs department that placed TRILLIONS in bets that these people would not repay their loans…”

  58. Where did I say the Creator would destroy himself tresspass…? That is absolutely not what I mean….I meant the Creator will banish evil from the earth. The final battle between good vs evil. The Creator will win that war. Until then we have our own free will but that is being suffocated by this Corporate monstrosity. Look around…America has lost its charm. Corporations are ugly.

  59. That last comment doesn’t feel like my reality.
    The Creator destroying himself?

    There may be natural occurrences written into the program, a sort of natural selection.

    Those tuned to the right vibration will go right and those that shut out the messages and have ears but can’t hear will go left.

    Each will believe it is the way to go for them.
    The selection process occurs for the experience that was pre-designed for those that go right and those that go left.

    No way is the ‘right’ way.
    Both ways are ‘the way’.
    It’s what each has set their self up to experience, that they will experience by their own choice.

    I’m not religious but I like using things in that bible to make a point.

    Pharaoh was so angry his heart was hardened.
    Moses said, the next plague would come from his own mouth.
    The Pharaoh spoke words that all being equal, he was just as subject to as anyone else he was attempting to curse.
    The people who were not aligned with ‘the system’ had a network of ‘knowing’ which way to go. In this case it was ‘shelter in place’, mark your doors with the blood of something that was alive, to indicate ‘life’ is behind those doors (my interpretation).

    The occurrence happened, and those that were outside, had gone their ‘way’. Those that were indoors and did not mark their door had gone their ‘way’, and those that were indoors and DID mark their door had gone their ‘way’.

    I know these occurrences happen all the time.
    The people that choose to fight each other in a foreclosure and those that are peaceful and say no, but get out of the way when men with guns are ordered to their property to ‘evacuate the building’ and put their hands (indicating the judge knows they are sending a life to remove a life) on the people and possessions to have them removed.

    People who file bankruptcy hoping to save the home, and some bankruptcies establish payment plans they still can’t live with and the home is forfeited by giving the trustee and judge the power to liquidate the assets if you can’t pay.

    People who are unemployed, and fight to keep the home, only to forfeit it when they can’t pay the taxes or the HOA dues, or the homeowner’s insurance, or have a medical or some other financial crisis that puts them back in foreclosure.

    People have been making choices since the beginning of time, so I don’t think there is ‘One event’ that will make them leave this existence and find out who they really are in spirit, but I do know that it is in the program that if we don’t evolve, we don’t survive.

    The system has an infinite number of ways to discriminate. Beyond race, and immigration status, 99% and 1%, Reps and Dems, O supporters and haters, and all kinds of ways to yank our chains and get our energy diverted to the negative so they can harness it for their power and use, it has moved to marriageability and gun ownership rights. After that, who knows. Infinite possibilities.
    Brilliant.

    I’ve got other sites I like to visit for news and rumors and education.
    So much to learn. I know nothing. If I think I know something, I know nothing. I do not give legal advice because I don’t know legal things.

    Trespass Unwanted, Creator, Corporeal, Life, In Being, Free, State, Conscience, In Jure Proprio, Jure Divino

  60. By how this all ends I mean will this bring on mass suffering and death and the fury of God’s wrath…..fire & brimstone….and God will put an end to all of this…..? I sure hope it doesn’t go that far. I already know who will win the final battle when that day comes. Is that what they really want…? I sure hope not.

  61. I concur.

  62. [...] Filed under: CDO, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud Tagged: APR, collusion, Force Placed Insurance, foreclosure Livinglies’s Weblog [...]

  63. This is an evil belief system is how I see it tresspass. It is not moral, legal or ethical. I see evidence of the black hand. I am not looking for anyone to take my side. I call it as I see it. This is the face of evil. This goes way beyond opinions, I know who my enemy is and I know to expect this type of evil behavior from it. That is the difference between those who say, prove it to me….and they only believe in what they can see and those who see another whole dimension to this. I know there is another whole dimension to this. How this plays out really depends on how far this evil wants to take this. We are all being sized up and this is a big test to see what we will allow. I know this is evils end game plan and only time will tell how this all ends.

  64. Stripes. I can’t take sides because I’d be choosing between two sides of the same coin. Me vs Me. All is One.
    But I have seen the mental illness angle because the court system uses it to try to gain control of the mind. If you are not BORG, in that your beliefs match the majority, they want to presume you are mentally ill. Because you have ‘unplugged’ from the program and can see outside of the box, and beyond the controls, or as the kid in the Matrix said when he said your must realize the truth. There is no spoon.

    The people that only see what is shown to them, do not comprehend where we come from.

    There are two reactions. Step out of the comfort zone to see what is there but not seen, or stay in the comfort zone and attack those that threaten your way of thinking.

    Ever gone down the same street over and over and one day realize there is a business you did not know was there, or be in a familiar area and see a business on the internet, call them and ask them where they are and they tell you all the places you know of in that location but you never knew they were there? That’s what’s going on now. The familiar is comfortable, and the more people that read what is unfamiliar, it reaches into them and expands them and that can be ‘scary for the fearful’.

    I don’t feed fear, so I remain neutral as people work through it.

    I sold my car to a guy and we discussed the paperwork involved in the sale. There were things I disclosed to him about ‘private property right’s’ since the car had no lien, and the attempts the system will make to get him to ‘register it’ and ‘accept new license plates’.
    After our discussion he was prepared and came back smiling about how it ‘contracts’ were presented to him and how he responded to the offers.

    He brought to my attention that the application for title asked for the name of the car owner twice. I never paid attention to that aspect, but I have ‘written’ on it my demands before. We were talking about filling it out and he said wait a minute, it says applicant for title here and it says registrant’s name here. He knew what to do with the contract.

    People enter contracts and don’t learn about them. I entered a mortgage contract and read it and still didn’t know the words were legal. I thought they were words I learned in school or ‘big words’ when they used stuff like encumbrance, but I did not pay attention to the power of This trust is executed. and it was right there.

    Another thing is information from the Creator comes from unlikely sources so I do not shut off pieces of me when I want to know everything. By design we advance when we are open and we are boxed in when we are closed, and we have a right to live either existence.

    I find it interesting the first payment occurs before the final tax filing day for many. I see some of the payments go into July. I thought the government ran out of money in May, and sequestration is the holding of property while a case is being pursued for the disbursement of that property. I’m doing a bad definition since the legal dictionary is not open right now.

    Like I said, modifications are new contracts, so seems the first 1.4 million payouts are cut and dry. You entered an agreement and here is $400 to $800 dollars if they breached the contract. They call the foreclosure while a modification is in progress, ‘dual tracking’. If it’s not a foreclosure in the fullest sense, it sure diminishes the strength the homeowner thought they had if they’d just negotiate with them to keep ‘their right to property’.

    The Creator created the Earth, and the trees and every substance used to build a home.

    What God has put together let no man put asunder.
    That’s a basic truth.

    So no, I won’t fight to keep what is mine. It’s my inheritance just like another has the same right to property.

    This system is an abomination. It’s unnatural and it will find it’s balance because nature is equitable. The sea doesn’t overrun the land just because it could at high tide and the land doesn’t drown out the sea. There is a harmony there. The night doesn’t block out the day, and the sun doesn’t always shine, even in areas that have sunlight 24hours, the sun does give them equitable time for darkness.

    There will be balance.
    Thou shalt not steal was a rule of this game.
    Rename us what you rename us; but the truth is, we are who we are.
    Winners can’t cheat and still say they won.
    Judges are not God and they are Not the Creator and they are culpable for what they did and for what they served.
    Corporations are not alive and they have bodies, and they do not die, they get absorbed, they dissolve, they close, or they shut down.
    The body of a corporation is the body of the undead.
    Judges have served the undead.

    Judges always want you to ‘under stand’.
    Under legally means lower in position, beneath, inferior, subordinate.

    I never ‘under stand’. I will not stand under their authority to tell me what I can or cannot do because they are NOT my God and NOT my Creator, and their Plaintiff is representing a client that didn’t even sign a contract. A representative of the client playing some role at the ‘undead corporation’, signed the contract with the attorney.
    The corporation suffered no harm.

    So many post here about fighting and the judge and the prosecutor knows the real deal and watch them kill their selves and get further away from the truth, bickering about something that is not true.

    Trespass Unwanted, Corporeal, Life, Free and Independent State, Conscience, In Being, Creator, In Jure Proprio, Jure Divino

  65. Christine said….”free speech is only good as long as someone wants to listen” ….. Just because you and a few others don’t like what I have to say does not mean “someone” does not want to listen. That was an arrogant remark. I am interested in hearing what everyone has to say, I may not always agree but, you will learn a lot by listening to what others have to say.

    I respect others opinions even if I don’t always agree with them……However, just outright lying to people is evil. The vulgarity that is being displayed here by you and few others towards me is diabolical & maniacal. I will not allow that. I have done nothing to warrant that.

  66. I respectfully agree with you tresspass. I see this as an undeclared war in this country with an entity that has not yet been discovered by many. I know this is a spiritual war that has now openly manifested itself in the physical world. I expect these types of attacks from this entity because I am revealing its secrets. Only by not recognizing who it is, can it win. The remarks about mental illness, I expect that, that is how evil works. It looks for weaknesses in people. I know who I am, and what it is that is why I don’t back down to it. Evil is an intimidator. If I believed what evil told me I would have gave up along time ago.

    An attorney asked me a while back, do you know who these people are….AIG etc….? At the time I really did not, that is why I went to him. Now that I know who this is, I know this is my fight and I know I have to have faith. Faith is what keeps me fighting.

  67. Miss Katheryn:
    “Summary Judgment” is a mechanism to dispose of a case without trial, and is granted ONLY if there are no disputes of material facts and the Movant is entitled to Judgment as a matter of law. Thus: if there is even only ONE “material fact in dispute” or only ONE “controversy of facts” then summary judgment is not possible. I know of judges who never grant summary judgment, simply because they take the posture that the nature of controversies are that there are issues in play. Other judges delight in granting SJ because it means less workload, the docket gets swept clean. Unless you have researched the mental set of the Judge you are going in front of, it remains a crapshoot.

    That said, tossing the proverbial monkey wrench into the mix will derail a SJ motion. All foreclosure mills, and I mean 100%, file a SJ Motion simply because they are arrogant enough to think that they can get away with it. What they will do is create what a sailor would call a “ribald tale,” a fantasy story that has no real relation to either the facts or the case-law. They will recite a vast ton of cases, a list three pages long, so your job is to go to the law library and pull (and print out or photocopy) every single case, study them, and find out where the analogies are so out of whack that it is a fantasy. Remember, unless the cases are well known (and some are), the Judge is not going to go look up those cases himself, he is just going to take counsel’s word for it. So it is your job to get gritty and go derail the argument by pulling the case and quoting from it, in quote marks, where the case says something different from what the adverse counsel says it says. And, since their tale is a “ribald story,” you already know that their construct is a charade.

    Here is a tip: get the law librarian (ask nice and be nice!) to help you out, they can usually pull a case on LExisNexis or some database and then e-mail it to you without charge. If they print it then it is 10 cents a page (or more!). Be sure to invest in a seriously hefty workhorse printer, something like a Hewlett Packard HP-4015n, which you can score for about five hundred on Amazon, so you have the printing muscle to do serious work. Buy your paper by the case and you go to work!

    If you can carefully set out (and maintain in your Pleadings) factual controversies that a “reasonable jury” could come to two possible conclusions about, then they cannot prevail on SJ, and if it gets awarded nonetheless, then you have a decent shot on Appeal. But the trick is to avoid the Appeals Courts and prevail at the trial level.

    The “weak link” in most cases is the issue of Standing. Remember that “Standing” is like the proverbial tar baby: it just sticks and sticks and it never goes away. If the Note got securitized then the Trustee of the trust has powers ONLY in conformance with the Pooling and Servicing Agreement that sets up the trust, and you will find on inspection that Article VIII of the PSA sets out that all the Trustee can do is collect monies from the servicers and write checks to the investors. That’s it! The “Trustee” has no authority or ability to go file lawsuits against the homeowners! Amazing but true. So, go find the PSA, dig out the section on the authority of the trustee, and attack them on Standing. It creates a controversy of fact and defeats Summary Judgment.

    And, if you can, dredge up the case-law the defeats or at lest casts doubt on the contentions of the bank’s servicer attorneys, those guys in the Mill that are busy doing their canned suits against you. Then you toss in those Decisions as foundation that the Servicer is all wet behind the ears. Sock it to them.

  68. The video guest posted a link for is from 10/24/2011.
    All this time, the information is public and unheard, ignored/unusued.
    Titled: Foreclosure Fiasco? Lost Promissory Notes and the Mortgage Electronic Registration System

    It’s a good one to have stored for those keeping a history of this theft of the people under ‘color of authority’.

  69. I have not been here blogging for over a year christine, not even close. The real question is, why are you here? You obviously hate our Constitution and have no respect for the American people.

  70. You can call it complaining or whatever you want to call it Christine, I call it exposing the Imposter felons. I don’t care less what you think about me or what I am doing, however, I will not allow you to make baseless attacks on my character. I am not a liar.

  71. @JvE

    I filed a MTC and the judge held a hearing on the matter. That was last year. It was kind of funny because their “then” attorney had emailed me his objection to my MTC prior to filing it. This was after he threatened me to withdraw my MTC. He stated all these lame reasons along with outright lies. I knew that I would never be able to stand up against him in a verbal hearing so I had prepared a very thorough and detailed written “verbal” argument that I filed that morning and also had a copy in hand at the hearing for the judge and their attorney. Fortunately for me, the judge told them that he was taking 15 minutes to go to his chambers and review my written verbal argument. Although he did not award sanctions, he was clearly not happy with the other side and found my arguments and support of proof of many lies, he gave them 60 days to comply. To date, they have dumped over 4,000 pages of stuff on me, none to which I have asked for. The date for completion and cutoff of all discovery requests was last July. I complied with each and every timely made request but refused to give them a time extension to depose us which they tried to do. They did not win that one. However, they have still managed to refuse to cooperate with the discovery issues that I have brought forth for over a year. That is one reason why I feel it would be hard for the judge to rule in favor of a SJ when they have so blatantly lied and withheld pertinent requested information and documents. They have tripped themselves up in lies in their answers to Interrogs based on what they state in their Motion for SJ and supporting briefs. I definitely took charge at the hearing on my Motion to Compel. Had to reel myself in a couple of times – got carried away but managed to get quickly back on track. Since discovery cutoff was almost a year ago, all that is left are his rulings on the outstanding SJ motion. There are many legal issues that I would assume the judge must first decide if he is not going to award them the ruling. One decision alone could be checkmate, game over if he is in agreement with my legal theory and the defense attempts at the twisting of Regulation Z. They are really trying hard to spin a totally different meaning to a refinanced loan. It’s almost comical and could not possibly stand on appeal even if the judge agreed with their rewrite of the regulation. I have stumbled along the way, I have learned a lot and know that I am stronger and more capable then I would ever had imagined. I will fight them to the very end no matter how long it takes or goes on for. Our house is one house they will lose money on because I will not allow them to just steal it. They have proven by what they have thus far spent in legal fees that they would rather spend more paying fees rather than as requested in 2008, modify our loan. I would bet that legal fees have already cost them more than what the house is worth. I entered this world stubborn and I’ll go out the same way. Thanks and more thanks for your input. It is much appreciated and hopefully this discussion may help another in a similar situation.

  72. Jan … You make me Laugh! I Like Your Style! Keep Up the Good Work! :)

  73. guest, thanks.

    I’m reminded of words spoken by Leonard Nimoy’s Spock in Star Trek II: The Wrath of Khan
    “The needs of the many outweighs the needs of the few.”
    “Remember”

    mind-meld ( n. ) In the Star Trek universe, a telepathic union between two beings; in general use, a deep understanding

    Stepping out of fiction the internet also provides this reference from a real life and philosopher Jeremy Bentham
    “It is the greatest good to the greatest number of people which is the measure of right and wrong.”

    To me, MERS is a corporation that is a front or shelf corporation or strawman for corporations that are a front or strawman for registered owners of the corporations, who put the CEO’s out front as the face of the corporation (like there was that big face in the Wizard of Oz) when there is still a real life in a man behind the curtain, acting as the Wizard.

    MERS…….Fail.

    Trespass Unwanted, Corporeal, Life, Free and Independent, Conscience, In Being, In Jure Proprio, Jure Divino

  74. JVE- would you be interested in pro hac vice

  75. Thank you, Miss Deborah, hopefully I shan’t die too soon! Although, at my advanced age I take the luxury of spending my time taking on the totally hopeless cases of foreclosure pro bono and pulling rabbits out of hats. It is emphatically not that I am any good at it, it is more that the foreclosure mills are so lousy at it. If they are mediocre and you are just at the edge of lucidity, then you prevail – because they are such stumblebums. Here’s a tip: if you see an angle, then step back and let the mill guys fall into the pit, all you have to do is back up your dump truck and bury them. Works every time.

  76. to Beauduke:
    When reading your various Instruments to see what you “agreed to,” do keep in mind that all you did was make an agreement with the entity named in the Instruments. You did not make an agreement with whomever is now standing there claiming to be the Successor party. remember this: simply because some lunkhead shows up in Court with what is claimed to be your “Note” and waves it around, asserting rather brashly that his client is the successor Holder of that Note (because he can wave it around), means nothing. the “Note Holder” is defined carefully in the Note itself, and there are the two magic criteria that have to be met to be a Note Holder: a person who takes the Note by transfer AND who is entitled to the payments under the Note.

    That is emphatically NOT the moron who shows up in Court waving the Note, shouting “I have the Note; therefore, I am the Holder of the Note!” Rubbish. The Note Holder is defined in the Note itself, not by some claim to the UCC. Remember this.

    If the clown’s client is not the Note Holder according to the terms of the Instrument itself, their claims fall apart, and their case falls apart. Since somebody who is not a Note Holder according to the terms of the Note perforce cannot make any claims to rights under either the Note or the Mortgage, it matters not whether you agreed to including the mortgagee as an insured interest. the clown’s clients are ‘strangers to the transaction” as they do not meet the criteria spelled out in the Note itself for the status of Note Holder. So, they are nobodies.

    And, astonishingly, that is the case in about 99.8% of all mortgages out there. Amazing.

  77. JVE- you are an honorable man, a dying breed sadly

  78. to Miss Katheryn:
    You indicated that you have an “open” Motion to Compel out there for the bank’s failure to fully and fairly respond to Discovery Requests. Be sure to harp on this in your Status Conference, as it lets you take control of the narrative and thus steer the Court to deal with the bank’s recalcitrance. In these settings, you want to step forward and lodge your issues so that you are not playing a solely responsive (and defensive) role to the bank attorney’s Assertions. You want to get right in there and set out to the Court that the bank has not been fair and candid in their responses to discovery, that the Court has repeatedly warned them to fully and fairly disclose (and reference the dates that the Court warned them), and they to date have chosen not to. By phrasing is as “they have chosen not to comply with discovery” you remain stately in your composure and you make them look terrible at the same time. This is known as “taking command of the narrative.” You want to direct the case, not be playing catch-up.

  79. Beauduke,

    I have made the kind of timeline I advise to set up. I’d be more than happy to help you further by sharing it. Even as a pro se, this is the kind of document you can produce in court, along with the supporting docs you drafted it from. Judges love timelines. It makes their job a lot easier and it really gets you serious points.

    No servicer will EVER make a timeline. It is the death of their case! They can’t use one: it would mean that they go back, analyze and… hang themselves. Have you noticed? Servicers bring the minimum documents. There is a reason.

    It is a game. Learn to play to win.

  80. There is a simple feature in every browser. Find with a highlight.
    Just find the word, highlight all of them and skip the posts.

    That which you are attempting to avoid experiencing you are drawing to yourself to experience.

    I had two paths in this theft process. War or Peace.
    I chose peace.

    The system is supposed to protect the Peaceful inhabitants during a time of war.

    There is an occupying force here and it’s arms are in a lot of places.

    Each arm that has touched me has had to reel itself back, because I am untouchable.

    Property is a ‘thing’. It’s not a ‘life’ like I am.
    There is a difference and there is a power in one that is not in the other.

    So as One would gloat or demote someone on whether they won a battle in a longstanding war, that’s not the big picture.

    The war has always been for the soul. What we do to our self…our equal…our brothers and sisters from the same source…is what is being logged in the energy of the Universe.

    Winning while stamping on the back of a brother or sister is a win in the physical realm but we are not physical beings, we are Light. We are Ethereal. We choose to experience the physical, but we are not It.

    Knowing who I AM is why I choose without any effort to engage in a disagreement with ‘Me’. I Am Another Yourself. There is only one source, and we are from it. Everything is from the source. Imagine a big bang where there was nothing and then in an instant there was everything.

    There are many people who have explained this many ways.
    When you are ready to know, it will just resonate like the original Truth it is.

    We have been programmed to see differences and separation.
    Take a mirror reflecting the image of the source. (Created in that image)

    Break the mirror. The reflection is still there, but in pieces. All the pieces are showing some aspect of the reflection in front of it.
    Having a problem with sharp pieces but liking the round big pieces does not change the fact that it’s the SAME mirror. It’s how you are seeing it.

    The battle will not be won fighting the mirror as if it’s not the mirror.
    Victory comes from knowing the truth.

    The best part is you don’t have to know it until you are ready, and I don’t judge you for not knowing because you have a right to choose what you know and go your way without me interfering with it and trying to point you to where I am or what I know.

    Looking up the legal definition of corporeal in a Black’s Law dictionary will show that legally they know the difference between a body you can see and touch like a physical body, and an ethereal body you can’t see and touch, and a corporate body that is corporal thus the corporal punishment of corporations where people stand in and represent the corporate body without realizing it.

    The programming is thick.

    Trespass Unwanted, Corporeal, Life, Free and Independent, Creator, In Being, Whole Blood.

  81. E. ToLLe,

    As a computer whiz, can you think of any way to block certain posts so that we can read only those that we want to read?

    Better yet, would you consider creating a blog, either branching out of Garfield’s or completely independent for people who really need hands-on help with practical tips from homeowner to homeowner?

  82. Self governing means knowing what I can and cannot do, or what I will and will not do. One cannot trespass upon the rights of another and pretend the other is violating their right.

    I don’t want to state the obvious, but you would know where I come from when I state the Stripes was created by the same source that created you.

    That would be the only source that can judge Stripes as having some fault or imperfection.

    As it is known, everything created by the Creator is perfect.
    So there is perfection in the perceived imperfection.

    There is something wrong when someone uses the word mental illness as if they ‘know’ what mental illness is.

    The programming is very thick.

    As I had posted a while back, I was forced to be evaluated psychiatrically by the system that wanted to control me. The woman evaluating me had the Creator within her, and she was evaluating the Creator within me.

    We are equal. Their Constitution states that.
    An equal has no power over an equal. Their system recognizes that.

    So as you attempt to make statements that would level someone higher or better or more intelligent, or having important things to say.

    If it wasn’t meant to be said, it wouldn’t be said.
    If the words didn’t exist, they could not be expressed.

    The beauty if the creation is the diversity of the creation.

    There will come a time when everyone that needs control, where everyone else behaves a certain way, dress a certain way, keep their lawns a certain way, smile a certain way, eat a certain way, weigh a certain weight, and think a certain thought, will get to all live together in their own private community and lock the rest of us out.

    They can live in their prison of the mind.
    The heart says everything is possible.

    Trespass Unwanted, Creator, Life, Free and Independent, In Jure Proprio, Jure Divino

  83. @Deborah Wynn

    Chess game is a good metaphor but this is one chess game that really sucks!! I guess I’ll find out tomorrow afternoon whether it’s check or checkmate.

  84. You are right, considering that $25 billion settlement was supposed to be for only $2000, and I don’t know of any news about that settling properly, and this thing to 1.4 million where the news media is quick to pretend only 1100+ people are eligible for $125,000, as I comprehend that should be ‘plus equity’.

    Something’s distorted here, how can you just ‘pay someone for forcing them out of their home’. This payment should be the penalty, and the people should still get their home back.

    Does someone who contacts Rusk Consulting and say, hey, this is not an equitable exchange for what was done to me; get a review of the purported remedy?

    There’s enough evidence of fraud placed in my answer to the court to charge them with many counts that carry $10,000 penalty already, above the ‘on a case by case basis’ that my situation falls under.

    I better not be seeing anything on friday. Mine better be further down the chain and a settlement plus equity. If you give me what I put in payments to own the home, back, you can keep the home.

    Everything paid, where that lender took it and ran, is mine.
    No lender should establish a 30 year agreement if they are not going to be around but 10 years so they can set up the unsuspecting, with legal documents that are useless for enforcement when no one will claim to be the beneficiary, but substitute the trustee, AFTER they said they were the trustee and stealing the home.

    They need to be looking at the answer, documents allowed as exhibits, the attorney general compliant in the public domain, and other documents when it comes to PNC.

    PNC took the accounting system of National City Mortgage back to January 2008 , but their SEC filing shows they took over in November 2008. So if you asked to see the accounting, they showed the January through December payments as being paid to PNC.

    That give the illusion they were a servicer for the mortgage even if someone refused to give them a dime until they had an assignment to be the beneficiary.

    Law firms represented. Those documents are illegal. Signed by one claiming to have power of attorney over the mortgage relationship.

    Constitutional violations of their own rules.

    Abomination.

    Trespass Unwanted

  85. TU

    Free speech is only good as long as someone wants to listen. otherwise, when people complain as they have for a year, it becomes an imposition and it is mental illness. I realize you keep defending the moron but, as i recall, you haven’t saved your home, have you? Why don’t you create your own “commiserating losers” website? We are here to exchange info. Not cater to mental cases.

  86. Beauduke,

    If i understand well, right now, there is no pending case and you withdrew yours while not paying. It is dangerous, in my opinion.

    Using my brains, I would say that if you don’t pay but there is no ongoing court case, you’re playing with fire. Here is what I would do in your shoes: turn the table by attacking. I am absolutely convinced that you have plenty to attack on. I always advocate attacking
    because:

    1) You have the upper hand. You dictate what your contentions are (thoroughly documented of course) and you force the other party to refute, not quite knowing what documentation you have;
    2) There is an existing and human knee-jerk reaction on the part of judges: the one who attacks is the one who’s been wronged. The table tilts your way right away.

    Therefore, what i would do (again, in your shoes) is go back to every single recording, payment, original contract and subsequent correspondence. I would go through the accounting and you can do that on your own. Look for interest you can’t explain, “suspense account”, moneys not applied to your account, letters saying that you must be in default to qualify for a mod, anything you can put your hand on. I would bet my right hand (and I am right-handed) that you have grounds to attack on Respa, Tila, Fdcpa, conversion and, possibly, Rico.

    One thing that can help you tremendously is a timeline. Going back to every single document, you make several columns on a word doc.

    Date of document
    Name of doc
    Issuer of the doc
    Substance
    Action taken by you.

    Do that with everything including checks, payments receipts, everything. Go into MERS regularly. Do the research under your property address only. Then, add your SSN. Then add your name. Then, do the “expanded” research (check that box on the research page). You’ll find serious discrepancies.

    Understand that your house has been marked for foreclosure. Today, tomorrow, next year. it is marked. Attack to prevent it. Then, you are home free. And d it with a solid attorney.

    Which state are you in?

  87. We are here tresspass because we were way too trusting and we believed a lot of lies. Those days are over.

  88. I don’t fear these crooks tresspass and I will not allow them to assassinate my character. I am not a liar and I will not allow these low lifes to lie about me. I am not angry…I am determined to alert the American people about what these imposter felons have done to all of us.

  89. These felons are being let off the hook way to easy tresspass. They committed multiple felonies. These scumbags should have never been bailed out or granted one foreclosure let along given a settlement for numerous felonies. This country is a massive crime scene. These are now empowered bullies got away with robbing the American people of innumerable wealth. We have become a nation of cowards who don’t want to be bothered fighting for what is right but are settling for what these felons consider to be fair. This is not fair….this settlement is not justice…this settlement is not just complete and utter bullshit, it is a massive criminal coverup for the biggest GRAND LARCENY THEFT of our wealth & property..OUR LIBERTY…FREEDOM & INDEPENDENCE IN U.S. HISTORY. I am ashamed of the people settling for their own robbery…there is no “settlement” ..for having their identity stolen, being robbed, tortured & abused by these crooks. They allowed these felons to strip them of their dignity…it is a disgrace.

  90. Stripes you lose your power defending against statements that aren’t true. That’s a waste of time.
    Do what you do and protect your right to free speech, but it takes two to argue and anger is a sign of fear per Dr. Laura Schlessinger.

    I have witnessed anonymous posting on blogs and someone would get on and say something like, you must be a ‘particular political affiliation’, or your are ‘this description’, or you must live ‘some place’, or drink ‘some substance’, or believe in ‘some thing’.

    Those types of words have no standing. You have to know who you are dealing with when you engage in conflict defending over something not said.

    Courts leave the proof of the claim up to the Plaintiff, so when you are accused of something, maybe if the proof can be posted, that would be sufficient and there would be no need to respond.

    Stripes, you must wonder why someone feels they have the ‘right, power and authority’ to tell you what you can and cannot do?

    Are they an authoritative figure in the real world? Do they occupy an office and are ‘playing a role’ as a figure of authority?

    Questions Stripes, leads to the truth. The real answers as to what is going on here.

    Ask the right questions as to why here, why now, and why is someone after ‘you’?

    Trespass Unwanted, Corporeal, Life, Free and Independent, Creator, In Jure Proprio, Jure Divino.

  91. Unless the contract says you agreed to allow the Issuer to commit Securities Fraud in your name beauduke, you did not sign that contract….. An autograph and a signature are not the same things.

  92. http://www.dsnews.com/articles/first-wave-of-payments-from-foreclosure-settlement-scheduled-april-12-2013-04-09

    The first wave of checks for eligible borrowers covered by the recent foreclosure agreement with 13 mortgage servicers will be sent April 12, the Federal Reserve and Office of the Comptroller of the Currency (OCC) announced Tuesday.

    Trespass Unwanted, Life, Corporeal, In Being, State, Free, In Jure Proprio, Jure Divino

  93. I am being paid by no one Christine. I have taken the time to share what I have learned at this blog. You are not only a paid shill christine, you are a commie subvertor shill. Caveat Emptor everyone…!

  94. Well, if we look at this post, it appears that not only should we sue the servicer, but also the title company and the insurance company. My lawsuit wound up with a Confidential Settlement Agreement, and the loan was “sold” to another entity. Now, that entity is starting the usual and applying illegal fees to the mortgage payment. I have sent a letter to the OCC, Banking Commission in my state, Attorneys General and now I have received an E-mail back that my letter has been forwarded to the CFPB. Also Fannie has sent me a request to call them related to the letter as well. The servicer Ocwen has sent me two letters indicating 20 days to answer me with two different dates. Hey, what did I say to get so much attention?

  95. Jan,
    As always, thanks for the in depth advice (not legal of course) I’ll have to re-read my mortgage to see what I “agreed” to.

    Christine,
    I have definitely seen Corelogic listed somewhere in my documents. This was before Bayview got involved, so I’ll have to go back and see what’s up. But to fill in some blanks, when BoA attempted to foreclose and then did the typical, simultaneous modification / foreclosure thing, I filed suit, and immediately asked for a discovery calender (boy you should have seen them back peddle) and they eventually withdrew the foreclosure and I dismissed the case because it was all about the foreclosure and that was off the table at that point. That’s been a few years ago and in the mean time they decided to start paying my tax bill. Now Bayview as the new “servicer” has grabbed my insurance bill. So, although I never had taxes or insurance escrowed, now somebody else is paying both.

  96. Neil knows that’s not true christine, and so does guest. I am fighting 2 foreclosures pro se. My residence & my business property. You are simply a liar.

  97. Stripes: you don’t have a case. You have never set foot in a court room except as a spectator. You’ve been poisoning this site with your insanity for a year but you have nothing to offer. Nothing. You have been a shill for a year, maybe even longer, doing absolutely nothing to make anyone’s life easier, on the contrary. I hope they pay you well: that’s all you’ll ever get. I, like everyone really involved in this fight, can prophecize that you will lose everything you ever worked for. It’s called divine justice.

    You will get what you dished out over and over and over on every single website you’ve been kicked out of.

    There is not ONE piece of information you have brought here remotely indicative of anything other than: you are a shill. We all know it. And you’ve managed to chase away very good sources of information. That’s what shills do. You may linger here but you’re done. You have lost. It’s only a question of time before the sheriff comes and takes possession of everything. When that happens, we will no longer hear from you. DCB will come back. So will Zurr, E. ToLLe, A-man, H-man, Nabbulah, Leapfrog and many, many more. You tried to destroy a solid family. There is a justice against that.

  98. May I add I am greatful and humbled by the entire learning experience. This was the best education money could never buy. Amen to that…!

  99. Fighting these fraudsters pro se is a monumental task. Learning as you go out of neccessity is perilous. I am humbled by the whole experience.

  100. I will not talk about the facts of my pending cases. However, let me say one thing, the judge gave me a very nice compliment last time I was in court and I was flattered to say the least.

  101. Why don’t you knock it off christine…..? Most of these attorney’s are working for the banksters. If there were attorney’s working for the people we would not be fighting pro se…I went into my first status hearing prepared for anything because I did not know what to expect. Not thinking it is a big deal is not wise. Everything that happens in that courtroom has a purpose and is a big deal. I might not have a law degree but I have learned a lot about these attorney’s. The County Recorders office told me you need to educate yourself before talking to an attorney …have your i’s dotted & your t’s crossed was one of the best tips I ever got.

  102. From one pro se to another katheryn, I know what you mean. It is nerve racking but you will be o.k. Just tell it like it is and don’t let that bank attorney out talk you. You can do it….Best of Luck & let us know what happens…!

  103. Katryn- couldnt agree more- we know our cases, every intimate detail, every move they made every move we made. i hope you all play chess, metaphorically speaking, they play poka, but the game is chess. but the metaphor – not nearly close to as much fun as real chess, in fact, definitely no fun at all.
    onward.

  104. Since that worldwide investigation into offshore accounts, many people have been finding themselves in hot water. Worldwide. i like that. I like it as much as I do, listening to Kay Griggs, knowing that the military (who, in the great majority, are dedicated people who chose the career instead of being forced into it by the cabal) has been actively investigating its own and slowly getting rid of the really rotten apples. Patraeus and a few others. I firmly believe that there is a clean up going on behind the scene.

    http://topics.nytimes.com/top/reference/timestopics/subjects/o/offshore_banking/index.html

  105. Katheryn,

    That’s why Jan is a much safer bet. He is an attorney. Stripes doesn’t even have one.

  106. @christine,

    Thanks for the advice. Through all of this, one thing I have learned is to use due diligence as well as sometimes relying on my own gut feelings. I hope that for everyone that has been injured in this ponzi crime, we are all here on these boards to offer encouragement as well as help to each other by all means possible. There may be something that I, as an untrained legal professional, has stumbled upon that may be useful to someone else. JvE’s description was better than any I found online when I was trying to find out what I should expect tomorrow. I just don’t want to get there and be unprepared. I prefer to catch them off guard to show how unprepared they are. They may have the law degree and years worth of experience but there is no way on this earth that they know this case as up front and personal as I do :)

  107. Katheryn,

    Seriously consider the source before you follow one piece of advice from stripes. What do you know about her experience in court? Nothing. Be very careful. I would listen to Jan and stick with that.

    Friendly advice.

  108. guest,

    Note that i never said “always”. I simply said “in all probability”. Big difference. And then, you make my point for me: there is a big chance Corelogic is involved in Beauduke’s case.

    Doesn’t hurt to check it out…

  109. Christine.. Its not always Corelodgic, on ours it was switched from Corelodgic to BOA Financial Services trying to pay our taxes and ins after the loan was removed from MERS two years ago. VERIFIED

  110. @ Stripes

    Thank you for your help. I’m OK if I can present something in writing because I had time to research it but it is difficult for me to be quick on my feet in an oral argument for something that I am not trained for!!

  111. @ Jan va Eck

    Thank you. Even after doing exhaustive research on the Internet, I could not find any explanation that could possibly explain what I should expect tomorrow. Thanks so much for taking the time to respond as it takes some of the pressure off, however, I will still be prepared for anything. Already had a hearing on my Motion to Compel and though he warned BoA to comply he refused to issue sanctions. That was last year! These cases all are similar in some ways but each very different some more complex than others. I’m sure, like me, most cases pro se, even when done well are still that, pro se. I will post tomorrow evening as to what transpires. Thanks again.

  112. CFTC Said to Subpoena ICAP Brokers, Dealers on Swap Prices

    2013-04-09 — bloomberg.com

    “The Commodity Futures Trading Commission has issued subpoenas to ICAP Plc (IAP) brokers and as many as 15 Wall Street banks as part of an investigation into possible price manipulation of benchmark interest-rate swaps, according to people familiar with the matter.”

  113. Beauduke,

    Unless, of course, no one is making the payments but, usually, servicers don’t like to keep that liability hanging over their heads: it can be a drag for them to sell the house after repo if there are tax liens on it. And they hate to have to relinquish a stolen house to the county for unpaid taxes. I would expect that Corelogic is making the payments… Doesn’t hurt to check it out.

  114. And Beauduke,

    Bayview isn’t, in all probability, the payer of your insurance premium and taxes. Go into your property records and see if you find something called Corelogic that would have made those payments since you stopped paying.

    Corelogic is to accounting and money what MERS is to mortgage documents. Some huge octopus that doesn’t really, exist but under which everything is operated. In fact, some banks have even their mortgage division located on Corelogic Drive, in Westlake, TX. When i discovered that, I approached my tax assessor and filed an appeal. I got back almost $1500 I never paid in the first place, on the grounds that my property’s value had gone down in the past years.

  115. A status hearing is not a game. It is serious. The judge can dismiss the motion or enter it.

  116. A status conference is a hearing to keep the case moving.

  117. A status hearing is when the judge makes a decision direction the case will move. I have been to these before. The judge may decide if the case is going to hearing or not. He may ask for a response from the other party or allow amendments of the complaint and ask one of the other party to respond. It is not a final decision on the case but it is a decision on the direction the case will move.

  118. The insurance companies are all part of the same Corp of crooks. They work in concert with each other and orchestrate scenarios to steal. They are all sick gamblers. An attorney told me as long as you are in fc let them pay for the insurance.

    If they are arrogant enough to bring a fc with no receipt, let them pay the insurance. They don’t have a legally enforceable lien and insuring the property or paying the property taxes doesn’t give them standing if they never held the security in the first place and they uttered counterfeit forgeries upon the court. These are felonies. They are felons ….

  119. Beauduke,

    I did just that: I went to the agent with different quotes from different insurers and I told him: “All I want to insure is the house for replacement cost and my own personal property. Can you beat that or should I go elsewhere?”

    Replacement cost is replacement cost. Period. If the house was originally overvalued because of the neighborhood or what not, the actual value to insure should never have been more than replacement cost anyway and it doesn’t cost much more to rebuild in DC than it does in Indiana. Supplies cost the same, contractors are being paid pretty much the same and licenses and permits are fix within any state. Even if your house had shot up to $700,000 or $1.5 million because it was in San Francisco doesn’t mean that that’s what it would cost to rebuild it otherwise, can you imagine the number of insurers who would haven gone belly up?

  120. to Miss Katheryn:
    You indicated that you will have a “Status Conference” tomorrow. The purpose of a Status Conference is to determine where a case sits, and what the flow path of the case is. A Status Conference is not used as a mechanism to render Decisions. There are not going to be arguments about the substance of Motions.

    The Parties will represent to the Judge what Motions are “open” and need resolution, and the Court will likely issue a timeline, or a series of deadlines and dates for Hearings, to expedite the outstanding items. if the Pleadings remain “open,” then a deadline for closing the Pleadings is also likely to be issued. When Pleadings are closed, then a case is ripe for setting of a trial date (and for filing dispositive Motions, including a Motion for Summary Judgment). Although Summary Judgment is not appropriate if the Pleadings are not closed, that does not seem to slow down the bank types much. However, if there is not material issue of fact and you are entitled to a judgment as a matter of law, then you can file a cross-motion for summary judgment also. Refusals by a Party to answer discovery fairly and fully are grounds for a Motion for Sanctions.

    Again, a Status Conference is not the forum for disposing of Motions or hearing Argument. It is properly only for setting timelines. Then again, if your Judge is over age 86 and is senile, then all bets are off. trust this clarifies.

  121. Why pay to see another movie about Wall Street when we see the real thing playing out in real life everyday? I have seen enough of them to last me a lifetime. What I really want see is all of them get cuffed and halled off to prison.

  122. to Beauduke:
    The short answer to your question is: a third party (or an adverse party) to a contract only has the rights you as Obligor grant it. there is no “automatic right” to be a named insured on a contract or insurance respecting real estate. “IF” you sign a mortgage (the “security instrument”) AND in that security instrument you convenant to include the mortgagee as a “Named insured” or as an “additional insured” THEN under those circumstances IF the third or adverse party can demonstrate that they are indeed the mortgagee THEN under those circumstances they could have a “right” under the contract instrument to be a named insured.

    Now, getting past all that verbiage, let’s take a look at your specific situation, which is common enough. You have discussions about a loan and flowing from those discussions you end up signing two Instruments, one titled “Note” and the other titled “Mortgage” [or, Deed of Trust]. First stumbling block: doe these Instruments accurately describe the actual transaction? there has been considerable discussion on this point, and typically the documents do NOT describe, and thus do not even memorialize, the actual transaction, where money flowed from some unknown and unseen quarter to the title Company and that was used to fund the loan transaction. So the entities described on the Instruments are “bare nominees,” parties that are at best fee-paid brokerages with none of their own cash at risk.

    Getting past that, and assuming for the moment that the people on the Note and Mortgage are real (not sham entities) and actually paid hard cash into the deal (“true lenders”), then the next item in this obstacle course is: did you grant the right to these entities to be a “named insured” on your homeowners’ policy? If you did not, then any grant later on by you in that regard is an “act of grace,” and not an enforceable right by a “lender” (and never mind for now if they are the real lender or not). If you did grant, and you do not include them, then I would say that the “lender” can issue you a Notice of default under the contracts and require you to cure within a certain delay (typically 30 days) and if not, then either sue you asking for injunctive relief obliging you to include them, or buy their own insurance, or foreclose on the property for being in a material breach (assuming that the failure to name them is a material breach, and that is yet another can of worms to go litigate).

    The next issue is: if your Instruments (likely the Mortgage, rather than the Note) say that the Lender shall be a Named Insured, then who is that? Go back to the Note. Your Note, if it is a Uniform Fannie/Freddie, will say in paragraph 1: “Note Holder is anyone taking this Note by transfer and is entitled to the payments hereinunder,” or similar language. Note specifically that it says “AND.” Well, who is entitled to the payments? If it is securitized, it is NOT the Trustee, and NOT the Servicers; those entities are mere pass-through collectors. The entity “entitled to the money” is the entity that can go spend the cash down at the casino, or in the bar. Everybody else is only a collections outfit, not entitled to the cash for their own account.

    If your Note was “securitized,” then note specifically that the “Trustee of the Trust” is NOT entitled to either enforce the Note (i.e. cannot sue you) and is NOT entitled to be a named insured, because they are not the “Holder” according to the terms of the Note in paragraph 1. So they cannot go park on your contract of insurance, either. So go sue them.

  123. Good info neidermeyer…thanks….!

  124. House of Lies on Showtime is a program about Wall Street execs..it’s pretty filthy too.

  125. Or you do not see any evidence that any genuine issue of material fact exists.

  126. katherine …. tell the judge no genuine issue of material fact exists.

  127. Christine,
    very good point, now I’m having a brain freeze. I actually asked my agent about a year ago about lowering my coverage to reflect the new, lower value of my house. You should have heard the shuckin & jivin and excuses he came up with why that wasn’t a good idea. I just haven’t figured out if, and for how long, I should enjoy the relief from making monthly payments as opposed to going for the jugular.

  128. National Land Records Audit
    Petition published by landtegrity.com on Dec 02, 2012
    1161 Signatures [View this Petition's Signature Map]
    [Sign Petition]
    Target: President Barack Obama
    Region: United States of America
    Web site: http://www.landtegrity.com
    Sign the petition

    Petition Background (Preamble):
    Last year, a comprehensive audit of the Essex County Massachusetts deed registry was conducted by Marie McDonnell of McDonnell Analytics. The audit focused on assignments and mortgages being filed by Chase, Wells Fargo & Bank of America into the land registry. These are 3 of the largest national mortgage servicers.

    The findings are shocking and require immediate and harsh attention from both our local and the federal government. Only 29 % of the Chase assignments in the land record were valid. Only 13.31 % of the Wells Fargo assignments were valid and only 7.86% of the Bank of America assignments were valid. For Bank of America, 82% of these assignments were robo-signed and/or fraudulent. The formal results of both this audit and a similar audit of the San Francisco California registry may be found at [url on actual article]

    As a result of the corruption uncovered formally in the Essex County land record, John Obrien, the registrar of Essex County Massechussets Deeds now refuses robo-signed and other fraudulent documents.

    It was deduced from the McDonnell audit that for every 1000 mortgages filed in the land record $180,000 in recordation fees were avoided by the banks and their MERS securitization scheme partner.

    This petition is a call to Barack Obama to have the federal government pay for each County in this entire Country to obtain a similar audit at no cost to the County and that each County be allowed to recover the assignment recording fees that are due by the mortgage servicers who illegally avoid these important fees.
    Petition:
    “Congress shall make no law… abridging… the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
    - 1st Amendment of the US Constitution

    - This is our grievance-

    President Barack Obama, we call on you to keep the promise you made to institute strong regulation over Wall Street and the banks that are destroying this nation. A majority of people voted for you to be our president because you stood up in front of this nation and promised strong new regulation over financial institutions and their destructive derivative securities. You have to date NOT delivered on this promise. And you have taken PAC money from these monstrous banks who issue them. These banks are still using their obviously faulty securitization scheme in mortgage transactions and still filing fraudulent documents into our local land records. They are doing this in order to steal homes from your voters. They are robo-signing fraud into the land record to steal our homes from us and you have done nothing about it.

    You stand idle watching while the banks plunder our middle class and destroy the integrity of our land recordation system.

    Further, to undo the damage caused in our local land registries we call on you to use your executive authority to deliver to your people a federally funded comprehensive national land record audit by private parties who are not affiliated in any way with the banks, Wall Street or MERS.

    Our Counties are being robbed of billions of dollars in recordation fees through unrecorded MERS assignments and we the people demand that they be paid. From the first MERS loan to the very last one. These are fees that pay for our policemen, our firemen and our roads and schools and you let the banks plunder it through slight of hand. We demand that these recordation fees NOT be paid with 1 dollar out of the US treasury but rather by the banks who premeditated and perpetrated this illegal MERS sponsored tax evasion and fraudulent foreclosure scheme.

    We further call on you to use your executive authority to switch the QE3 stimulus package from $40-50 Billion per month of purchasing mortgage backed securities from wealthy bankers TO paying off illegal mortgages and/or making restitution for those individuals who were defrauded out of their homes and who were victims of land record fraud. We demand that the banks forgive mortgages for any individual for whom the chain of title of ownership is permanently broken, or the loan has already been satisfied as will be evidenced by the National Land Record Audit.

    http://www.gopetition.com/petitions/mandated-national-land-record-audit.html

    Sign the petition. Please…

  129. National Land Records Audit

    Petition published by landtegrity.com on Dec 02, 2012
    1161 Signatures [View this Petition's Signature Map]
    [Sign Petition]
    Target: President Barack Obama
    Region: United States of America

    Petition Background (Preamble):
    Last year, a comprehensive audit of the Essex County Massachusetts deed registry was conducted by Marie McDonnell of McDonnell Analytics. The audit focused on assignments and mortgages being filed by Chase, Wells Fargo & Bank of America into the land registry. These are 3 of the largest national mortgage servicers.

    The findings are shocking and require immediate and harsh attention from both our local and the federal government. Only 29 % of the Chase assignments in the land record were valid. Only 13.31 % of the Wells Fargo assignments were valid and only 7.86% of the Bank of America assignments were valid. For Bank of America, 82% of these assignments were robo-signed and/or fraudulent. The formal results of both this audit and a similar audit of the San Francisco California registry may be found at http://www.Landtegrity.com.

    As a result of the corruption uncovered formally in the Essex County land record, John Obrien, the registrar of Essex County Massechussets Deeds now refuses robo-signed and other fraudulent documents.

    It was deduced from the McDonnell audit that for every 1000 mortgages filed in the land record $180,000 in recordation fees were avoided by the banks and their MERS securitization scheme partner.

    This petition is a call to Barack Obama to have the federal government pay for each County in this entire Country to obtain a similar audit at no cost to the County and that each County be allowed to recover the assignment recording fees that are due by the mortgage servicers who illegally avoid these important fees.
    Petition:
    “Congress shall make no law… abridging… the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
    - 1st Amendment of the US Constitution

    - This is our grievance-

    President Barack Obama, we call on you to keep the promise you made to institute strong regulation over Wall Street and the banks that are destroying this nation. A majority of people voted for you to be our president because you stood up in front of this nation and promised strong new regulation over financial institutions and their destructive derivative securities. You have to date NOT delivered on this promise. And you have taken PAC money from these monstrous banks who issue them. These banks are still using their obviously faulty securitization scheme in mortgage transactions and still filing fraudulent documents into our local land records. They are doing this in order to steal homes from your voters. They are robo-signing fraud into the land record to steal our homes from us and you have done nothing about it.

    You stand idle watching while the banks plunder our middle class and destroy the integrity of our land recordation system.

    Further, to undo the damage caused in our local land registries we call on you to use your executive authority to deliver to your people a federally funded comprehensive national land record audit by private parties who are not affiliated in any way with the banks, Wall Street or MERS.

    Our Counties are being robbed of billions of dollars in recordation fees through unrecorded MERS assignments and we the people demand that they be paid. From the first MERS loan to the very last one. These are fees that pay for our policemen, our firemen and our roads and schools and you let the banks plunder it through slight of hand. We demand that these recordation fees NOT be paid with 1 dollar out of the US treasury but rather by the banks who premeditated and perpetrated this illegal MERS sponsored tax evasion and fraudulent foreclosure scheme.

    We further call on you to use your executive authority to switch the QE3 stimulus package from $40-50 Billion per month of purchasing mortgage backed securities from wealthy bankers TO paying off illegal mortgages and/or making restitution for those individuals who were defrauded out of their homes and who were victims of land record fraud. We demand that the banks forgive mortgages for any individual for whom the chain of title of ownership is permanently broken, or the loan has already been satisfied as will be evidenced by the National Land Record Audit.

    Sign the petition

    http://www.gopetition.com/petitions/mandated-national-land-record-audit.html

  130. Pretty cool: no need to make up stories anymore in order to create entertainment. Now we’re really talking “reality TV”!

    http://deadlyclear.wordpress.com/2013/04/08/assault-on-wall-street-the-movie-the-dream-coming-soon/#more-3786

    Assault on Wall Street – The Movie…the dream…COMING SOON!
    Posted on April 8, 2013

    Assault on Wall Street MOVIE INSIDER: A security guard for an armored truck, Jim (Dominic Purcell) is a blue-collar New Yorker who works hard to earn a living. His wages support himself and his wife Rosie (Erin Karpluk), who is on the upswing recovering from a near-fatal illness. Yet things start to fall apart after Rosie’s health insurance stops covering her treatment and Jim’s life savings are lost via a disastrous investment his stockbroker had advised him to make. As a row of professional and personal dominoes falls, Jim is confronted by the realization that, after being abused and exploited by financial institutions for far too long, he has only one choice: to strike back. Sounds all too familiar?

    Here are the movie trailers that are more than compelling drama. Assault on Wall Street is a stirring and probably a recurring dream for many foreclosed homeowners and pension-less employees that have been stripped of their savings, equity, homes and security. Continue reading →

  131. And Niedermeyer,

    Lloyd’s has never been an insurer either. It does not answer to the same regulations as an insurer. Lloyd’s has always been only a guarantor of speculation risk. And it is at the origin of the slicing and dicing of risk among as many speculators as possible to protect itself against large losses.

  132. @ HELP ,

    How I would handle that would depend on the state I was living in ,,, they vary wildly in how they treat issues of fact…

    BTW you probably know that “LLOYDS of LONDON” isn’t a real company as much as it’s an association ,,, you may have 1000 rich insurance agents under that umbrella all acting on their individual behalf and your servicer shopped around to find the one that would take the bet… AND refund the biggest portion of the stated policy cost back to them in some untraceable way …

  133. Stripes

    It’s so long and convulted consisting of many different legal theories that it is hard to say what tomorrow will be about. They have provided nothing in the way of proof. Probably why they never filed for a lift stay during a year long bk wait before being discharged. They also are now claiming that I never had standing to bring an adversary proceeding. Took them 2 years to decide this new theory??? They don’t deny that we are entitled to a recission, however, this is their new and improved interpretation of Reg. Z:

    1st loan – NVR/Mers 2006

    sold to Countrywide before closing 2006 we have copies of two “original” notes, one indorsed by Countrywide though never recorded

    started applying for a modification in 2008 still countrywide
    told by countrywide that we could apply with BOA in Jan. 2010

    long & short of it…we were one of those deceived promised loan mod sorry saps till they drained our savings dry and had dual tracked us from day 1 into their Legacy future foreclosure homes

    Jan. 2010 contacted by same refi rep and told that BoA would give us a refi rather than a loan mod but once we had defaulted or had no savings left, we would then qualify for a mod. Now to present:

    BoA now claims that it was not a refi of “new money” because Countrywide and BoA are one and the same company. They claim that only $700 per Reg Z would apply even if we are entitled to a rescission. The refi cost was over $10,000 alone that was added on to the remaining mortgage balance at refi. I don’t even understand how they came up to the $700 figure when we came to closing with zero.

    They are citing Reg. Z 226.23(f) so I am now working on what part of Reg. Z they have left out to come to this interpretation that the refinance was not “new” money. I haven’t read this argument anywhere else to date so I have to research. I did dispute there affirmation that the two entities are one and the same and operate together. We all know this is bullshit and Countrywide is their loss entity and BoA remains the profitable entity. I also asked the judge in my response to make them produce the documents I asked for which would prove this to be just one more of their convenient lies. There Sec filings also prove that this is a lie of which I have a copy.

  134. Beauduke,

    If I understood Jan correctly, a true lender would have the right to require that the collateral used to secure the loan be insured so that, even if the collateral were to burn to the ground, the lender would have some guaranty that he will be paid back.

    Where I have a brain cramp is when I take a step back and look at the whole situation.

    You purchase a lot with a house in it. You own the land (to some extent) and the house is yours. If anything were to happen, it would happen to the house. The lot is there, no matter what, short of a tsunami or a Louisiana-style sinkhole. Even if the house burns down, you can still rebuild it since you have the solid ground on which to do it. No “peril” per say can adversely affect the land itself. Yet, when we purchase insurance, we cover both. i can see that for what TP liability is concerned, I don’t for first party coverage.

    In any event, if, again, I understood, the original lender (if ever there were one) is long gone. Whoever can claim to have an insurable interest in either the house or the land is… you. Especially considering what Jan referred to as “credit swap insurance” which, in substance, covered speculators for gambling gone wrong, something illegal in every state except for real estate, go figure.

    In any event, credit insurance swap has paid over and over for insurance on the darn house, hook, line, sinker and… land! Sop, for any alleged mortgagee to claim an insurable interest is playing both side of the issue to cash in on the actual risk, the potential risk and the speculative risk. But what is really the risk and to what? The land is still there!!! It’s not running away from home. It’s not burning. It’s not going anywhere. Why insure it and against what, in a homeowner policy? Especially considering that actual risks to the actual land are hardly ever covered… (war, explosion, flood and such…)

    Brain cramp all over again…

  135. Jan,
    Just so I understand, a true lender would have the right to require that they be named on the insurance policy to to protect their money they loaned ? But, if there is no proof they are that lender or their assign, then they have no rights in the property?

  136. What are they going to sj with….? If they prevail in sj without a receipt that’s a railroad job and that’s criminal. Ask to see the trustees receipt.

  137. It’s goathead soup…

  138. Did they attach the security or an affidavit at the onset…? Is the note unndorsed? If it is a note indorsed in blank the trustee from the title company has some explaining to do…the title company has to come up with the Security…bring the fc and explain why they never secured the lien. Now its the pot & the kettle.

  139. @katheryn…There is an issue the judge is going to rule on. Maybe whether the motion to summary judgement should be granted? Did you see the security…the trustees receipt? If they want to go to SJ they must be pretty sure about something.

  140. The way I see it to allow a litigant to lie, decieve, cover-up, have their own anwers in contravention to what they pled and then to prevail on a summary judgment motion would be to completely take away a party’s right to due process. As long as those lies, obstructions and outright perjury relate to the legal issues at hand.

  141. The lien on the mortgage has been negated based on numerous things all of which were pled to by me:

    We asked for a recission of the re-fi within the l yr. statute of limitations to which they had their lawyer respond in writing that they would not allow us to rescind. We never received the Right to Cancel

    They claim in one of their discovery answers that they don’t and never did own the note, that it was not securitized and they have no records whatsoever to do with the loan. Flip to a supplemental answer or to their MJ motion and they claim the own the loan and funded it???????

    I could go on…I’m sure the judge is going crazy…can’t blame him but I do expect him to rule on the black letter of the law…period or I appeal.

  142. They are concealing the ORIGINATION FRAUD by the Issuer….that is where the refis came in handy….they could equity strip your property by ringing up your homes value and cover up for the Origination Fraud by the Issuer at the same time. Nonetheless, the subsequent parties still stand in the shoes of the original Issuer of the credit slips.

  143. They filed their mj and brief, I filed reply and objection, they filed a late reponse to my objection, so I filed an objection to the reply because it was not timely, they filed an objection to my objection, then they filed a reply brief anyway without a ruling on my motion objecting based on timeliness, do I filed a motion to strike or not allow their answer reply and they filed another brief in support of their answer to reply late. This fiasco has gone on over the last six months. We were ordered to resolution dispute mediation, which lasted about 12 hours at their counsel’s office, which was unsuccessful (NO surprise there) and I requested to go to trial and that there are still legal issues of dispute contrary to their prostestations. It’s plain crazy.

  144. Jan Van Eck said….did they pay actual hard money for the note? if the Security was never created by the Issuer, and the lien was never secured as the law requires….. the seller and the debt buyers are racketeering with fraudulent securities. You can’t have actual money interest in fraud if the Issuer of the Credit never paid hard money….Consideration to the U.S. Treasury Dept before conversion of the instruments…..truth is they never legally converted the instruments ….they are securities frauds….nothing underlies these transactions except the Issuers default & lots & lots of fraud.

  145. The judge is going to make a decision on something. Was the summary judgement entered?

  146. @stripes

    I wish I knew. I don’t have a clue as to what happens at a “status hearing” so I am trying to be well prepared. Their SJ motion which they filed months ago was never decided. I received an “order” from the court stating I had to file a status report, which I did, and immediately followed was that the judge had set a date for a status hearing. I have no idea what to expect is to take place tomorrow???

  147. You need to get your title cleared by a judge & monetary compensation. If they are imposters and sought to gain unjust enrichment from you …you are the harmed party with the legal rights of a harmed party. They were Negligent in the taking of an Instrument.

  148. What is your status hearing about katheryn…?

  149. to Beauduke:
    Let’s go back to basics here. What is the purpose of insurance? It is: to protect the OWNER from loss and liability claims. Is “Bayview” or anybody else other that you the Owner to be insured? Nope.

    Where this “additional named insured” stuff got a foot in the door was to “protect” the lienholder from loss is the underlying security was damaged. But remember: a lienholder, or mortgagee, is nothing more than a creditor of yours. Does a money creditor have a right to interpose itself into a contract of insurance? I would argue “no.” First, the “creditor” or posturer would have to establish that they have what is known as an “insurable interest.” Do these guys own something that can be insured? Nope; they own nothing. A creditor merely has a money claim against you. Can the creditor insure the money claim, against default? Of course they can: that is known as ‘credit-default swap insurance,” we have heard a lot about it.

    What is happening here with your house is something different – an effort to insure a claim of mortgage interest in your house, a “security interest” in case you do not pay the Note. However, that presumes that the “creditor” [and I use that term reservedly] actually has a right to insure. Yet, that is what you are busy fighting about in another forum: who are these people, these “strangers to the transaction”? Do they really have a money interest at stake? did they pay actual hard money for your Note? Was that Note and mortgage actually sold to this new creditor? Indeed, does the Note actually represent the real transaction, or is it something from a naked nominee that was set forth as paper window-dressing, disguising the real lender?

    I take the view that the “security” – the house – can only be insured by the owner, who has a real stake in the property. Yes, you “can” add additional named insureds in there, voluntarily. For a stranger to interpose themselves into your private contract of insurance is quite another thing entirely. I would take the posture that if a stranger seeks to purchase insurance against a money loss, then they can go buy credit-default insurance. Likely they already did, and collected on them, leaving no balance due – assuming that they were even a real creditor in the first place, which remains unlikely.

    In my experience, filing suit against a force-placed insurer (the carrier) results in them instantly back-pedalling and cancelling flat. You do not want to file suit against your current insurer, with whom you presumably have developed a good relationship. However, you do need to put your foot down. Writing the insurer (the one you pay) a letter declaring that Bayview or anybody else has “no insurable interest” should do the trick. After you are through suing the third-party insurer (and they fold), then you can go file suit against the Servicer for tortious interference and for interference with advantageous relations, unfair trade practice, attempt at unjust enrichment, and whatever else comes to mind. All that is grand sport.

    Remember this: you cannot leave these guys with a contract or insurance, or a named insured interest, on your property. If you do, in the event of loss, you will NOT be paid. The money will go to the servicer, and you get to sleep in the charred remains of what used to be your bedroom.

  150. Russian Organized Crime…..AKA ROC……
    http://www.pbs.org/wgbh/pages/frontline/shows/hockey/mafia/csis.html

  151. This post is not on topic so please foregive that as I quickly need some input from the great minds out there. Defendants, BOA, have blocked, lied, and committed perjury by their own discovery answers or lack thereof. I thought that I had come across some case law somewhere at sometime regarding how and when the burden to prove by the plaintiff can shift to the defendant to disprove the plaintiffs allegations where it can be shown that they have lied, blocked and have provided nothing in way of their defense except denials. I have a “status hearing” tomorrow before the judge and I don’t know what to expect but I just want to be well prepared as there is still an undecided defense motion for summary judgment. Any help is much appreciated.

  152. Kondaur Corp….AKA…..LNR…..AKA THE RUSSIAN MOB ARM OF CHASE……

  153. These third parties are Felons..they are racketeering with Securities Frauds to conceal numerous Felonies as well as to gain unjust enrichment. These are ACTS OF RICO..

  154. beauduke, call your ins agent and inform them Bayview is not Legal Mortgagee of Record (recorders office). Take copy of deed to agent and force them to drop Bayview as mortgagee or make Bayview prove its position as the Mortgagee (lien) holder to the ins co and you. :) Works Everytime!

  155. Also Google … Safeguard Properties LLC ….

  156. After Bayviews unsucessful attempts to collect… they will sell it off to Kondaur Capital Corporation. Google Them!

  157. Go to the Department of Financial and Professional Regulations in your State and look up Bayview….In Illinois they are registered as debt collectors.

  158. Beauduke,

    You don’t have to cancel the policy and even if you did, you would have the same problem with the next carrier. What you want to do is nip it in the bud by making your agent understand that you are the client, you pay his commission and he owes you to follow the rule. And if he is unsure about them, you will be more than happy to ask from the Insurance Commissionaire what they are so that there is no further misunderstanding.

    I hate to say it but agents live in fear. (I used to be an agent. Hated it with a passion!) It is the nature of the beast. Be the one YOUR agent is afraid of. Cool, clam, collected and… determined. Once they realize that they have no authority to change the insured party without your prior approval, it is amazing how fast they find religion!

  159. I have had my dealings with Bayview…..Read Bayview -v- Nelson……Bayview are third party debt collectors who stand in the shoes of the Issuer….they don’t hold the Security or have any rights of a holder …. there is no security…these are Securities Frauds….they are trying any trick in the book to steal…

  160. Christine,
    Sounds a lot like my conversation with my agent. Somebody told them to put a new name on the policy and poof, it happened. When I found out that Bayview paid the premium, then got the letter about the inspection I went ballistic and told him if I ever found out that the inspection had any connection to Bayview, the fight would be on. The problem is the policy is very reasonable and I don’t want to flat cancel it and start from scratch.

  161. Jan,
    Haven’t talked to you in a while. I actually asked the agent what would happen if I did tell them to take Bayview off the policy (this was actually before they paid it off) and he said I could certainly do that. But doesn’t that leave the door open for them to do a forced policy to “protect their interests” in the property? Which of course they would start tacking on to the balance. They sent me some BS “transfer” document in the beginning to “prove” they are the new servicer. Would that be enough for them to claim interest in the property and get a policy? I know it’s a pile of crap but is that what’s going to happen and then the litigation begins?

  162. Beauduke,

    I talked about a similar situation a while back: my mortgage was transferred over and over and the new mortagee’s name was simply added to the policy as additional insured each time. I had a loss a couple of years ago and it became a nightmare to get the money for the contractor to be paid: the bank was holding onto the money, alleging that it had the legal right to do so until I paid what I owed (which I wouldn’t since i had filed suit and stopped paying 3 years ago).

    It got so bad that i decided to look into it and i requested the entire underwriting file from my agent. Come to realize, they request no document from any servicer in order to replace the mortgagee’s name: a simple “Please be advise that, as off such and such date, B of A is the new servicer. Change the name to reflect it” blurb is enough for the insurance to do what servicer asks. I became livid! Not one verification, not even a transfer/assignment/conveyance from one servicer to the other was required by the insurer. they went ahead and complied simply on the basis of that damn letter.

    I had to have a very long and heated conversation with my insurer. I even pulled out a few regulations and threatened to file a formal complaint with the insurance Commissionaire, the AG and anyone with any authority. Since my loss concerned sewage running down into my first floor, I made it very clear that, if push came to shove, i would even contact the health inspector and have the house condemned and that i would hold the agent responsible for all my relocation expenses. Eventually, the funds were released (I have no idea if they got the insurance carrier to issue a new check or if they got the old one back from the servicer) and i was able to get my bathroom leak under control.

    People don’t realize that they have many weapons in their hands and threatening the little guy (insurance agent) can be more powerful than anything else; it is the guy’s livelihood. if you have him shut down or in trouble, that’s it!

    Good luck. Fighting is doable. it’s a full time job, though…

  163. To “Help:”
    Sue the carrier of the servicer, Lloyd’s of London. Then go sue the servicer. Drown them in litigation.

  164. To “Help”:
    Since it is your policy, write the insurance carrier a Letter telling them that “Bayview” has no insurable interest in the property and that they are to remove them as loss payee. If the carrier does not do that then sue them, see my longer post on how to do this. Bayview has no contractual right to be listed as a loss payee, that is not in your Nte, now is it? bayview is a stranger to the transaction.

  165. Love your Blog! As a P&C agent with a few clients as victims of these scams allow me to clarify the insurance angle. Forced placed insurance is a SCAM with rates that are up to 10xs what they should be. The correct insurance coverage is what BUILDING costs are in the particular area for THAT home should the home burn to the ground. Plus debris removal. In MY particular area that is ABOUT $130 per foot for an AVERAGE tract home- this month.(market value is not an issue) If a clients insurance is canceled, a few companies will take almost anyone regardless of risk, or credit. Many states offer a “high risk pool” for hard to insure homes for a fraction of the forced placed insurance. The California Department of Insurance Web-site has some information about forced placed insurance.

  166. Neil’s comments above are true enough but do not go the distance. And there are ways in which you can sock it to them.

    First, when YOU purchase a homeowner’s policy it will include premises liability – to you, the title owner – and it will include a component for your home furnishings, and a theft of goods component, including a sheds loss and any boat stored on the premises. When the SERVICER purchases a policy it is only to cover the mortgage exposure that they represent belongs to the “bank.” If the UPS guy does a slip-and-fall, or the neighborhood child gets bitten by your dog, or your lawnmower is stolen, YOU will be personally on the hook, and no insurance to cover the liability. Worse, the loss payee for structure loss will not be you, it will be the “bank” or the Servicer. In the event of a major loss – say, a structure fire – the loss payee will simply pocket the loss check and leave you with nothing. Thus, you do NOT get your house repaired. Banks like doing this because they get to evict you constructively without going to court – you cannot live in a burned-out house.

    If you purchase your own homeowner’s insurance AND the “bank” has a forced-placed insurance policy on the house as well, then the premises are “over-insured.” Under these conditions the two insurers will not pay out, together, more than the total value of the loss – and since you are not the loss payee on the bank’s policy, you get paid nothing. In effect, you are displaced by the force-placed insurance policy, and your premium dollars are for naught. The reason for this is “public policy:” it is against public policy to allow more insurance than the loss potential, as it creates an incentive for arson.

    Now to get out from underneath this you buy your homeowner’s policy, and do not include the “bank” as an “additional insured” or “additional loss payee.” The reason you do not, never ever, do this is because if you do, and there is a loss, the “bank” [read: servicer] will be a joint payee on the check, and will take that check after you sign it and go cash it – and keep all the proceeds, leaving you with an unrepaired house. After you have the policy in place, you file suit against the insurance carrier that wrote the forced-placed policy, alleging tortious interference with your insurance rights. The insurer, not wanting an expensive fight that is a loser for them, will instantly fold, and “cancel flat” (i.e. back to inception) the forced-placed contract. They may pay you some small compensation as settlement also.

    What you will have accomplished is to push the servicer off the insurance and maintain your own loss coverage. If you get totally burned out then you can take the insurance and go buy another house, leaving the servicer with the bill for rubble removal. If you do not have a total loss then at least you are in control of the insurance.

    Also, Neil does not mention that most forced-placed insurance underwriters are actually owned by servicers as subsidiaries, or have the stock owned by a legacy bank. When you get whacked for huge premiums, then some large portion flows neatly back to the servicer/banker, through the mechanism of stock ownership. If you run into this, then another Count in your lawsuits is for unfair and deceptive trade practices under your State’s Unfair Trade Practices Act. Another way to make them look bad before the jury and collect additional Judgment cash.

  167. How about this: 1) had insurance, faxed proof, sent proof via certified mail, servicer spoke with our insurance agent 2) THEY still bought forced insurance for $23,000, and ours cost $4,500 3) they never would correct it, and bought $23,000 policies for 3 years = $66,000 in insurance that should have cost $13,500…THEN, as you know, threatened to foreclose. OH YEAH…Lyold’s of London Policy

  168. An interesting issue just came up that I’m debating how to handle. Any help / suggestions would be appreciated. I’ve been in a battle with BoA for years over my loan and they recently “transferred” servicing to Bayview Financial. I’ve sent them docs for modification purposes (yeah, right) and a QWR which was ignored. Haven’t heard from them in a couple of months since we had a discussion about their repeated requests for the same docs and why they didn’t respond to the QWR. Now they went to my insurance company, who I’ve been paying via automatic withdrawal for the past five years, and claimed they are the new beneficiary and then paid off the remaining balance due (policy renews in Oct.). I talked to my agent and basically they are saying they don’t care where the money comes from (duh) and if I want to go back to paying the premium, I would have to work that out with Bayview. WTF? That’s my policy, Bayview has not provided any info other than their say so that they should be listed on the policy, and now they can just go in and steal my policy?? Yeah, it’s saving me the cost of the premium but what are they really after. Oh, BTW, I just received a letter from the insurance company saying that they need to do a “routine” inspection of the property. Hasn’t happened in five years but happened within a month of Bayview paying of the premium?? The agent and corporate both said it was just a huge coincidence and one had nothing to do with the other.

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