REGULATORY AGENCIES AND ACTIONS: FULL COURT PRESS

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GARFIELD-EDITOR’S NOTE ON THE POSSIBILITIES OF ADMINISTRATIVE ACTIONS. First published December 1, 2008 (wow, over 2 years ago) I was at that time raising the prospect of using various state, county and Federal Agencies to push the mortgage mess along to its logical conclusion like the IBANEZ decision in Massachusetts, without waiting for years, and without allowing the pretender lenders time to corrupt our system of title ownership and commerce in general.

As it turned out the Federal Agencies under the BUSH Administration, although charged with the obligation and duty to enforce their own rules and regulations,  which follow the mandates of laws passed by Congress and signed by the President decades ago, did nothing other than the occasional letter acknowledging your letter and explaining how this was not within their jurisdiction — a blatant lie — or some other excuse why you are on your own despite numerous Federal and State laws designed to prevent deceptive lending and fraud against consumers et al.

Things have changed now. The defenses and counterclaims are now recognized as either true or at least legitimate:

1. Banks Have Charters and are regulated by one or more agencies simultaneously. Send a grievance against a bank to each agency that might have a jurisdiction and complaining to that particular agency that the Respondent should be disciplined or referred for criminal charges for acting as a Bank when in fact they were not, or being a bank and not performing the duties of a bank, present serious grounds for discipline referral for criminal prosecution.
2. If a Bank pretended to be the lender when in fact it was acting as a mortgage broker then you have the state agency that licenses and regulates mortgage brokers and the agency(ies) that regulate banks or lenders.
3. If a person signed many documents claiming to be an officer of each of those entities the they were pretending to be a banker or a lender. They are subject to discipline if they hold a license and criminal charges — file a report with appropriate law enforcement authority(ies).
4. A Notary is licensed by definition and is regulated by a licensing board same as a doctor or lawyer or any of the above. If they were notarizing signatures from unknown people who were not in front of them when a document was signed the same thing applies. I can tell you that several Notary licenses have already been revoked. And if they have used the wrong-dated notary stamp that proves on is face that the document was recently prepared when it purports and her notarization statement reports that this occurred a long time ago, that is a good grievance as well.
5. The mortgage broker, title agent, appraiser, closing agent, escrow agent are probably all subject to a licensing board in your state. Each misstep, each failure to disclose, each time they doctored your application, each time they pretended to be part of a legitimate process of appraisal loan evaluation, constitutes an actionable offense under their licenses including fines, suspension and revocation.

Any regulatory Agency that fails to conduct an investigation, or fails to find probable cause, or fails to prosecute its licensee for discipline or fails to refer to the U.S. Attorney or local prosecutor for criminal action is not only breaching the duties and obligation that were set forth when the agency was formed, they are also going to be the subject of numerous press stories starting right here. By the way filing a grievance usually involves no cost to you although you might want to consider having the combo title and securitization report done because that will virtually force the agency into action.

HERE ARE SOME RESOURCES:

HUD Administrative Actions: Settlements Under Respa
office-of-financial-and-insurance-regulation-ofir-home-mortgage-disclosure-act-data-available

OTS
1700 G Street NW
Washington, D.C. 20552
(202) 906-6000

FDIC
3501 N. Fairfax Drive
Arlington, VA 22226

OCC
1301 McKinney Street, Suite 3450
Houston, TX 77010

Office of Attorney General
State of Florida
the Capitol PL-01
Tallahassee, FL 32399-1050

Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, NW
Washington, DC 20580

U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410
Telephone: (202) 708-1112
help-on-hud-claims

appraisal-fraud-description-and-new-rules1

ARIZONA:

irregularities-in-recording-and-delays-in-recording-open-up-new-channels-of-attack-on-mortgages-and-notes

Attorney General Terry Goddard Office of the Attorney General 1275 West Washington Street Phoenix, AZ 85007 602.542.5025 800.352.8431 (toll free) Fax 602.542.4085 Click here for map  Tucson Office 400 West Congress South Building, Suite 315 Tucson, AZ 85701-1367 520.628.6504 Fax 520.628.6530 Click here for map
Community Services Program / Satellite Offices Arizona Attorney General’s Office 1275 West Washington Street, Phoenix, Arizona 85007 602.542.2123 (Phoenix) / Fax 602.364.1970 520.628.6504 (Tucson) / 800.352.8431 (toll free) communityservices@azag.gov
Consumer Information and Complaints 602.542.5763 (Phoenix) / Fax 602.542.4579 520.628.6504 (Tucson) / 800.352.8431 (toll free outside Maricopa and Pima Counties) / consumerinfo@azag.gov / Consumer Complaint Form  Elder Help Line 602.542.2124 Identity Theft Help Line 602.542.2145 (Phoenix) 800.352.8431 (Outside Maricopa and Pima Counties) identitytheft@azag.gov XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

STATE OF ARIZONA ANDREA M. ESQUER

DEPARTMENT OF LAW PRESS SECRETARY

1275 W. WASHINGTON STREET PHONE: (602) 542-8019

PHOENIX, ARIZONA 85007-2926 CELL PHONE:  (602) 725-2200

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ILLINOIS ATTORNEY GENERAL LISA MADIGAN

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Michigan Division of Financial Services

http://www.michigan.gov/dleg/0,1607,7-154-10555—,00.html

P.O. Box 30220

Lansing, MI 48909

Michigan Office of Financial and Insurance Regulation

611 W. Ottawa Street

3rd Floor

Lansing, MI 48909-7720

877-999-6442

517-273-0220

Comptroller of the Currency — Probably Federal

Customer Assistance Group

1301 McKinney Street, Ste. 3450

Houston, TX 77010-9050

800-613-6743

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MINNESOTA ATTORNEY GENERAL LORI SWANSON

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FEDERAL: See Glossary Links in Right SIde of Blog

Securities and Exchange Commission (SEC):

http://www.sec.gov/contact/addresses.htm

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Federal Reserve Board

Consumer Help Division

P.O. Box 1200

Minneapolis, MN 55480

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Federal Deposit Insurance Corp.

Division of Supervision and Consumer Protection

2345 Grand Blvd.

Suite 100

Kansas City, MO 64108

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OFFICE OF CONSUMER AND REGULATORY AFFAIRS (HUD)

U.S. Department of Housing and Urban Development

451 7th Street SW

Washington, DC 20410