June 6 2013–appeal decision-win for homeowner-BOA note and deed seperated–BOA no authority to negotiate a loan mod at mediation
I was wondering if you ever thought of changing the layout of your website?
Its very well written; I love what youve got to say. But maybe you could a
little more in the way of content so people could connect with it better.
Youve got an awful lot of text for only having
one or two pictures. Maybe you could space
it out better?
LETTER TO JUDGE BRANSTEN–COUNTRYWIDE COUNSEL BULLED EMPLOYEE WHISTLEBLOWER AND OTHER MISDEEDS RELATED TO DISCOVERY!!
A FASCINATING READ ON INSIDE PROCESSING OF COLLATERAL OF COUNTRYWIDE-BAC IN THE DEPOSITION OF MICHELE SJOLANDER WHO GAVE A POWER OF ATTORNEY TO HAVE OTHERS ENDORSE THE PROMISSORY NOTES. SHE DOES NOT KNOW WHO THEY ARE.
Consumer Rights Defenders can help you pro se homeowners with the litigation work that you will need from A-Z, starting with your complaint and then work through discovery which is the most important part of your case. You should consider having counsel for depositions, court appearances and settlement conferences and in the unlikely event you need a trial. Most cases settle. Affordable help for everyone. State and Federal courts.
818.453.3585 M-F 9-4 PST, ask for Steve or Sara. Drop an email to us if you like to CR.Defenders@yahoo.com.
AG SETTLEMENT COMPLAINT FILED IN FEDERAL COURT AND CHASE AND BOA PROPOSED CONSENT JUDGMENTS
Looking for an attorney who is suing Ocwen federal bank.
THERE ARE 4 NEW LAWSUITS—AGAINST THE USUAL SUSPECTS-CHASE, BOA, BAC, COUNTRYWIDE, MOZILO, BEAR STEARNS, BARCLAYS etc etc etc
JPMorgan Chase & Co and Bank of America Corp were hit with new lawsuits by investors claiming losses on $4.5 billion of soured mortgage debt, adding to litigation targeting the two largest U.S. banks
It is called Discovery………
I currently have a law suit in Federal court against Countrywide/BoA challenging their standing to forclose. They have sold the loan to Fannie mae who says that they have sold it to an investor. They have not produced any evidence of an agreement/assignment or contract for BoA of a to collect for this entity. Do I have a right to see this agreement? Is this a good argument or possition to take? Would their be a law that supports this position. A law that says they must fully disclose the terms and conditions of who they are collecting for?
AFTER I PAY OFF MY HOUSE, I CAN’T SELL MY HOUSE “LEGALLY” BECAUSE THE BANKS LOST MY NOTE, “IS THIS TRUE”? AND WOULD THIS BE DAMAGES I CAN HOLD THE BANKS ACCOUNTABLE FOR?
list of countrywide abs without endorsements- foreclosures
any lawsuits in idaho?
BAC-COUNTRYWIDE WE HAVE SEEN THE FAULTY PAPERWORK IT IS IN OUR OFFICE. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Neil, from your research on these “23 states”, have you established whether the stops are only for judicial?
What have you discovered regarding non-judicial foreclosures in Hawaii, since Hawaii is one of the 23 states? Urgent reply appreciated.
Contact the President today and tell him NOT to sign “H.R. 3808 – Interstate Recognition of Notarizations Act” which may allow foreclosure mills to continue to foreclose without legal right.
I’ve been reading up on Mers for the last 3 mos. and have done vast research of cases in CA courts. The cases against Mers are being thrown out by the judges, but some judges allow to refile the case.
There’s a George Tran from Oregon who was able to fight the court and got 4 of his property free and clear. His site is freeandclearin90.com. Checkout Foreclosuredefensenationwide.com, a whole lot of good information. I’m tempted to call and inquire, but i’m following this closely as well as the recent news of the major lenders who is stopping foreclosures in 23 states. I think it can be used to negotiate a good loan mod with principal bal reduction.
we need a class Action suit in California now
Home is in foreclosure in Houston, Texas. Recently notified by Bank of America(CountryWide) that we are not qualified for any of the saving your home programs including modification. (In the process since August, 2009) Advised to pay $29,000.00 arrears by September 21, 2010 but have not heard anything since. Closed in 1999 on $216,000.00 purchase price. Current mortgage balance $209,000.00. Son had hardsip in 2007 due to illness and loss of income. Mortgage is in his name. His daughter’s income of $33,000.00 and a minimal amount from him was submitted for modification. I and my granddaughter want to purchase the house and keep it. I have SS income of $ 10,740.00.
My granddaughter and I live with my son whose home is in foreclosure.(CountryWide/Bank of America). Have been in the modification process since August, 2009. Recently advised by Bof A that we do not qualify for any of the programs. (Houston, Texas)
Son had hardship due to illness and loss of income in 2007. Now $29,000.00 in arrears. Granddaughter’s income of $33,000.00 and minimal income of son’s were submitted to Bof A. I have Social Securitiy income ($10,740.00) and currently receiving unemployment of ($14,456.00). Both myself and my Granddaughter would like to purchase the home and keep it.
Hi all –
Sharing some info I found recently; still trying to save my home:
Find out if the state you live in has Judicial Foreclosures or Non-Judicial Foreclosures.
California is both, and according to a lawyer I communicated with:
- Lenders do not seek a judicial foreclosure in CA [unless they are after a deficiency judgment, but apparently they can't do this on homeowner mortgages in CA] , so it’s up to the homeowner to get a lawyer to challenge the foreclosure, and in order to use the “Produce the Note” /MERS defense. I am still looking for a good CA real estate attorney with this knowledge.
- Florida is a judicial foreclosure state, so the foreclosure can be challenged through this process.
- The lawyer also said, if they can not “Produce the Note” they can not foreclose (legally). With MERS, the loan has a broken chain of title, and the original “Note” can not be produced.
See this link for more MERS info:
Please investigate options before you give up on your home if you’d like to save it.
Some of you are way ahead of me. Thank you for sharing your knowledge with the rest of us. Good luck everyone.
Rachel, this link is for a pro se law course issuing out of Florida. The 26-yr practicing lawyer who writes, teaches, and conducts seminars helping pro ses using the course practices in Florida, but you’d have to see if he’s in your venue. The course is good for anyone anywhere in the states. I’ve learned a LOT from it for our own case pro se in Hawaii–a very tough state with public servant collusion with Countrywide, and very poor statute organization generally.
We had a loan with Argent processed in 2005. Ameriquest bought Argent and Countrywide bought Argent now BofA took over Countrywide. I check for MERS can not find and also no assignment through Recorder Office have ever been done. We tried loan Mod with Bof A for 14 months turned down. Their answer investor not interested. NEED HELP!!!
I too have a Countrywide/BAC loan fiasco in Oregon and am desperate to find help, I don’t see a response to the bottom quote… can anyone guide me in the direction of legal counsel taking on the “where’s the note” cases here in Oregon? We’ve played by their rules and ended up over $30k in arrears when we started out only one payment behind! Any advice would be good!
“we sent a letter to countrywide asking to see the note… they said they didnt have it, lawyers title insurance had it. We wrote to lawyers title insurance asking to see the note and referencing our letter to countrywide. Of course they said they didnt have it, countrywide did.
Our note has gone on a walkabout. “
Would like more info on homeowners/attorneys having success fighting Countrywide/BAC with MERS in So California.
BAC says we don’t qualify for HAMP (probably a blessing in disguise).
This is not a Fannie/Freddie loan and was purchased at the peak-July 2006 with 20% down.
I was told the loan is a “6-30 i/o fast and easy” – 10yr Interest only at 6.75%. Currently underwater by at least 80K. Now 1 month behind in payments. My husband has been unemployed since Dec 09 and ineligible for unemployment benefits. (Was a 1099 worker with high income in 2006).
Loan is in my name only – maybe a case here anyway since it needed to be a 2 income approved loan.
I was wondering if you had a successful conclusion to your situation as quoted below. We are in the process of being foreclosed upon in Florida and have heard a rumor that if the mortgage company cannot produce the original note then the action will be dismissed and the property deed will transfer to the mortagee (the homeowner) free and clear of any possibility of further court action.
Is this the case in Oregon, or if upon failure to produce the original note the homeowner must then proceed with filing a quiet title?
I anxious await any advice you can offer.
“We sent a letter to countrywide asking to see the note… they said they didn’t have it, lawyers title insurance had it. We wrote to lawyers title insurance asking to see the note and referencing our letter to countrywide. Of course they said they didn’t have it, countrywide did.
I find a lot of information on what to do if you’re foreclosed upon but I was hoping for any information or links you might have on successfully filing a quiet title here in Oregon because nobody seems to have the note.”
would like ;more info on foreclosure.
need class action for CA
NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
I applied for gov home modification program last sep.i received quolification letter from bank of america,but all of sudden,they called me and notified me of disapproval notice saying that investers did’nt approved it,because i have 26 months delinquancy.but i have paid triar payment on schedule.Is there any way to save my home?is there any states’legal support in the state of new jersey?i live in bergan count.
Are there any class action suits against Countrywide or Chase in South Carolina??
Any Class Actions againts Countrywide Homem Loans pending in Las Vegas, NV? They sold my loan to Bank Of America. Said they lost our paper work. Still pending modification. Increased our house note by $300. to opay taxes and insurance.
Bank of America sent a letter today via overnight FedEx which reads “Your application for a loan modification has been declined. Your only options are Deed In Lieu or Short Sale.” But yet, I never sent in an application for a loan modification. Instead of sending that, I rescinded. then I followed up the rescission with Notice and Demand letters and QWR letters. I found from other expert testimony that promissory notes are monetized by the lender/Federal Reserve practice, and get deposited to a secret account, which is used to fund the originating transaction. No bank can loan its depositors proceeds or its own credit. So there is now fraud in the factum, fraudulent conversion, and many types of deciption and fraud in all parts of the transaction labeled as “Proprietary” and “only available under subpoena”
There is a way to prolong if not defeat a non-judicial forecloser. In Arizona we have a non-judicial foreclosure procedure that most mortgage companies utilize. The problem is that a trustee is appointed (Third Party) and may not even be aware that your property (home) is not in arrears. The trustee assumes that everything the lender says is correct and merely takes your house with no proof. In some cases, not even looking at the original note. Under the bankruptcy laws, even a post-foreclosure forcible detainer can be defeated or prolonged until the bankruptcy court has had time to rule on the legality of the trustee sale. All you have to do is challenge the foreclosure procedure under Rule 60(b), it is best to obtain a lawyer. Then ask to see te original note and if they cannot produce the original. Hmmmm!
I tried to post the case but no luck. Try this link.
Is anyone having any success in loan mods? I had one law firm working on it for four months…turned out they hadn’t done anything. The company I contracted through took over in October..still nothing done until this week when they finally started taking some action. How long does it really take? Should I move forward with some other solution? Foreclosure is days away. The lenders are BOA (originally CW), Chase (originally WAMU), Wells Fargo (ASC), Ocwen (originally SAXON) and SunTrust
Hi great site.
I’m in no danger of losing the house and instead have decided to do a pre-emptive strike on countrywide.
we sent a letter to countrywide asking to see the note… they said they didnt have it, lawyers title insurance had it. We wrote to lawyers title insurance asking to see the note and referencing our letter to countrywide. Of course they said they didnt have it, countrywide did.
Our note has gone on a walkabout. :)
I find alot of information on what to do if you’re forclosed upon but I was hoping for any information or links you might have on successfully filing a quiet title here in Oregon because nobody seems to have the note.
thanks and I’ll continue reading.
Any class actions in Minnesota, Bank of America/ Country wide or Hennepin County, All of our public officials they are more concerned with the Banks. We are dealing with a stinky onion and several crooks.
Are there any Class Actions against Countrywide Home Loans pending in Utah? Anyone having success doing Mod. in Utah with Bank of America?
Can anyone verify that Countrywide sold their mortgages on an open market and then were reimbursed by some third party, if the loan defaulted? Can they then bring action against the homeowner if they had no loss?
Hi there, saw a post asking if there are any class actions in georgia, the answer is yes. one involving BOA but not foreclosure specific, it is rather about lack of proper account change notification by BOA to BOA account holders in georgia. There is also another class action challenging the foreclosing actions of a specific law firm in georgia on behalf of homeowners who have been foreclosed on by them. the law firm is mccurdy candler and they represent BOA among their bankster clients. reply/comment if you would like me to contact you for more info on this, or if you believe you may be part of the classes, i can refer you to the law firm handling the Class action work.
any homeowners in georgia working to save their homes from foreclosure, also feel free to make contact. my email is email@example.com.
This is an excerpt from the Washington Post- it proves the point regarding servcing.
Even as Bank of America triages thousands of loans, it is facing pressure from groups that own the mortgages the bank services on their behalf — meaning it collects monthly mortgage payments for these investors. Most investors have agreed to allow Bank of America to modify mortgages in line with the administration program, but about 5 percent have refused and another 15 percent require the bank to get their approval on a case-by-case basis.
Meanwhile, in another setback, a federal judge this summer rejected Bank of America’s argument that it was protected against lawsuits by mortgage investors unhappy with the modified terms given to borrowers.
Bank of America and other lenders have a lot riding on the foreclosure prevention program. The company stands to collect about $6 billion — some of which will be passed on to investors — of the $75 billion the administration has set aside for the Making Home Affordable program.
If a lender lied to a homeowner, telling her that a recorded IRS lien had been sudordinated; when it fact it had not, and the homeowner then accepts the loan, only to thave the IRS sue to reduce the lien, which is now first in title on her home, to a judgement, is the Lender liable under TILA? Under any legal theory?
We refinanced in ’06 with a local mortgage broker who sold the loan to Countrywide. What can you point me to for help as we are anticipating a notice of default soon?
Any Class Action suits in Oregon against Countrywide or WAMU or B of A Home Loans?
hi, i have found an amended loan purchase agreement between home loan center d.ba. lendingtree and countrywide home loans.(look at artlcle 10.10
countrywide maintains that they purchased our home loan from the secondary market after our loan closed,.our allonge states that home loan center was going to sell our loan to countrywide bank. would this loan purchase agreement show otherwise? thank you
I was at your santa monica seminar for borrowers last september. my husband and I are still in our home, but in some type of countrywide/bofa/recomtrust foreclosure limbo. I do not want the loan mod and I’ll not give them my house. while googling home loan center (originator) and countrywide, I found this link for countrywide loan purchase agreement with eloan. I thought it might be useful. thank you so much for everything you are doing, ilene