Los Angeles City Attorney Kicks Butt–files huge lawsuit against US Bank as Trustee for a myriad of securitized trusts! See If yours is listed!! Charges Illegal Evictions and Blight and various other violations! read the complaint here
Couple questions….I got 2 letters from US bank stating that my “note” is not a recordable document and the letter of transfer was not the original because it has 2012 date on it not “2005″. I am currently in modification and they are wanting me to fill out an application for making my home affordable program. I have not done anything yet. I think this might be a bad idea because they cannot produce my note. When I first got the letters I was not satisfied so I sent a certified letter asking again….no response. I have called attorneys in TX and they act like they do not know what I am talking about. I live in Houston texas….should I just let this go since it seems no one (attorneys) knows whats going on here where I live ……..
I am currently suing Us BANK for $million over a fraud suit since 2007- they actually with Amerian Land Title Company, changed my deed of trust and warranty deed after closing on my primary residence, and made it a commercial construction loan , which I did not ifnd out about for TWO years! now it is all coming out and what a scam! US BANK= bad bad boys! they were in the business of expanding and buying regional banks in 2006 and 2007- and thought it would get lost in the shuffle. thank goodness I have my original documents. hopefully after my civil suit, they will be criminally prosecuted.I must have 4 dozen documents of cover up and DNR etc that I shown to the FBI>
Good day to all,
I would like to thank you for your time today. My name is James and I am a Minister of the Lord, by Faith and Profession.
I wanted to take a moment to tell you about our exciting experience getting the first “Vacation of Foreclosure” in the State of Michigan. We had refinanced our mortgage with First Franklin Financial back in 2006. Unfortunately, we were snookered into an Adjustable Rate. The beginning rate was 7.75% on a +$300,000.00 home. By January of 2009; the interest rate had increased to 9.875% and our payments were nearly $4,000.00 (after those bums added in escrow for taxes which, they had failed to do at the close).
My wife and I both, attempted to seek some sort of remedy and so we made efforts to contact the bank (SERVICER) for consideration on our monthly payment. It was becoming too much for our retirement incomes and my preaching income. We had originally attempted to refinance with the family member of, one of our congregants (Mr. Dan Moss). We thought that it would be easy because we had good credit, reasonable income and not that many bills. The only problem was the fact that, we could not get refinanced because the best appraisal that we could get was for $215,000.00. That didn’t help so, Mr. Moss suggested that we request a loan modification. First Franklin kept us on the treadmill for nearly 7 months. Our modification was declined 2 times. First, they said that we didn’t make enough (we didn’t include the additional income from the Church). After we sent First Franklin the additional income documents; First Franklin denied our 2nd attempt and told us that, “it appears that you make enough income and should be able to handle the payments”.
First Franklin wasted more than a half of a year, just to deny our request.
I am not quite sure why Mr. Moss had continued with looking for other options, he could have easily said that, there’s nothing that could be done (like so many others) but by the Grace of God, Mr. Moss insured us that he was going to find some sort of way to get this problem solved. Around mid August of 2009; Mr. Moss came to us and said that, he had been researching foreclosure cases, all over the country and that, he felt like we had a chance of beating First Franklin (by this point, we were in default and First Franklin was sending us notices).
Mr. Moss started having some Affidavits drafted for us and we began a very intense letter writing campaign, with the First Franklin. I was amazed at Dan’s work. He must have sent out at least 9 separate letters to First Franklin, BoA, US Bank, MERS, MI-AG, ABN Amro, Fannie Mae, the REO Agent, the securitized trust (whatever that is) and Title Co. Mr. Moss apparently, did more research than what we thought because we started getting back all sorts of letters from the banks. Mr. Moss had rattled some cages and the banks stepped up their efforts to foreclose. Some of the mailings sent, laid out the fact that, the way First Franklin had handled us and our mortgage was inappropriate, at best. I was pretty shocked because, I and my wife were frustrated with the whole situation and all we could do was pray. Dan told me, “Pastor, your life’s calling is based on Faith” and “you keep the Faith and let me worry about the banks” (that’s what we did and that’s what Mr. Moss did).
The one thing that I didn’t know was the fact that, the whole time, Mr. Moss was building our Court Case by gathering information for the discovery portion. He even sent the most interest Affidavit to MERS and this was before the Michigan Court of Appeals Rulings on MERS. After that MERS letter; Mr. Moss advised us that, “we are currently in the drivers seat” and “it is time to take it to, the banks… we can’t go into a foreclosure case as, a defendant”. Mr. Moss secured a knowledgeable “Lead Attorney” because there weren’t any in Michigan. Mr. Moss and the attorney work very close, almost like a team. I told Mr. Moss that, as much as he had done and knew that, he should go into law (that guy told me, he had bigger things to do).
The Sherriff’s Sale was in Feb. 2010 but we had the MI redemption period and that allowed us to continue on building the case. In August of 2010, we found a notice posted on our door from Fannie Mae, saying that, “we own your home”. This was even more confusing because, there were several other banks saying that they owned the house. I notified Mr. Moss and sent him a copy of the notice. He contacted Fannie and the REO Agent and told them basically to , buzz off. We never heard back from them again.
We went into Court in Oct. 2010 and were shocked to find out that, we were going to get a “Stay of Eviction”, a full trial schedule and absolutely no escrows. I was literally blown away. And the funny thing is that, after the first appearance, Mr. Moss said that we needed to fire our crummy UAW/LS attorneys (they wanted us to dump the lead attorney, change our litigation so that they could request a new modification). Our original local attorney, DIDN’T GET IT and so, Mr. Moss got us another one.
We told our new attorney (Mr. Moss told them) that, “all we need you for is to file, we don’t need you to think, we don’t need you to over bill, all we need are your legs” (the attorney still billed us more than what he did but in life, we must choose our battles wisely). The new local attorney agreed and within a matter of 7 months (mid June or so) the Judge (we love him) had issued the ruling that, “none of the defendants listed had standing to foreclose” and the Judge then “vacated our Foreclosure”.
The Judge did leave one opening (Mr. Moss told us that the Judge didn’t want to known for giving away a “free house”) he had allowed for the “original lender” to initiate any future foreclosures.
Here is the kicker, Mr. Moss had already enticed First Franklin into sending a letter saying that, “we’re only the servicer and do not own the loan” (we got this letter before we even went to our 1st appearance).
Currently, we are working together and Mr. Moss is spearheading the damages portion of our litigation.
Our family would like to thank Mr. Moss for all of his time, patience and thoughtfulness. I didn’t know that we would get the first “Vacation of Foreclosure” in Michigan and now we are going for the vacation of mortgage and then a few dollars for the trouble and worry the banks caused us by, not working with us.
In closing, keep the Faith in God and then find the people who get it.
God blessed us with Mr. Moss’ help and we felt that we owed him, the recognition for all of his assistance. I can tell you right now that you should let Mr. Moss and his attorneys “who get it”, work for you. Please tell Dan that, I referred you to him. Mr. Moss has even gone to considerable lengths in helping us to get the money to pay his back-end fee (we had some of it but expense always seem to, rear up). The gentleman isn’t very demanding. All he will ask you for is the admin. Fee and for you not to lose anymore sleep.
Send me an email and I will give you Mr. Moss’ contact information or you can email him at:
Have a wonderful evening, keep the Faith and Fight the GOOD Fight.
Pastor James H.
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!
Judge Vacates Final Judgment and Sale- Foreclosure Courts are Courts of Equity!
We’ve all seen it and it happens too often…Borrower is in a formal modification with the lender or servicer or has fallen victim to a foreclosure rescue scam and doesn’t respond to the lawsuit. Unbeknownst to the homeowner, the lender is moving right ahead with the foreclosure sale and their home is lost. This happened to a family in Port Charlotte, but rather than losing everything, Elizabeth Boyle and the Super Foreclosure Heroes from GulfCoast Legal got the good judge to cancel the sale, vacate the final Order and allowed the Defendants to Answer. A copy of the Order is below:
A key point made in the order is that foreclosure courts are Courts of Equity. Keep in mind that this bedrock principle is embodied in the law used by these reckless mills to engage in this widespread fraud. We should all begin quoting the following statute in every pleading submitted before the court. We need to constantly remind our judges that courts of equity are fundamentally different than courts of law…here is the cite:
FLORIDA STATUTES 702.01 Equity.–All mortgages shall be foreclosed in equity.
Courts of Equity- A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.
Next thing that Boyle (and anyone else facing Indymac in litigation) needs to do is challenge the right of Indymac to proceed with the litigation. I’m pretty confident that if we pull back hard enough on the Indymac curtain we’re going to find
INDYMAC HAS NO RIGHT TO PROCEED AS A PARTY PLAINTIFF- THOSE RIGHTS WERE SURRENDERED FIRST TO THE FDIC THEN TO ONEWEST
While we’re on the subject of courts vacating sales, I publish again the fantastic Order Vacating the Order Substituting Party Plaintiff recently entered in St. Johns County.
We’re all aware that Plaintiffs are morphing in and out of cases through ex-party Orders, Assignments of Bid and other improper means. We all know that standing is being falsely created through questionable endorsements and improper Assignments of Mortgage. I particularly like the section of that Order that quotes the Rules Regulating the Florida Bar 4.3-3(a)(1)-
“A lawyer shall not knowingly make false representations or fail to correct a false statement of fact made to the court.”
It disturbs me that this rule is being widely ignored and on the much larger level, I am deeply troubled that billions of dollars in foreclosure judgments are being issued to entities that are not properly identified, that change right in front of the courts eyes and which we have no way of tracking or identifying.
JUDGE- EXACTLY WHO ARE YOU GRANTING FORECLOSURE TO?
WHO DOES THE AFFIANT WORK FOR?
WHO SIGNED THE ASSIGNMENT OF MORTGAGE?
WHOSE INCOMPLETE, ILLEGIBLE MARK IS ON THAT NOTE?
WHO PROFITS FROM YOUR JUDGMENT OF FORECLOSURE?
As I posted earlier on Jan. 13th. Wamu/Chase foreclosed my home and Us Bank Na Csfb 2003-Ar20 is now on my title. How do I find out mailing address, and contact person for US Bank? I would like to contact them to work out a solution. Anyone, pls help.
My email address is email@example.com. Thank you.
Chrys and Ellie: If you’ve found any info on US Bank National Association, please let me know.
We filed a Pro Se lawsuit in Alameda County Superior Court, northern of Calfornia but did not file Lis Pendens on the title, and Wamu/Chase foreclosed it anyway. We are still in our home which was auctioned in May 2009 by Wamu/Chase. No one bought it at auction but title now shows US Bank National Association on it. MERS is involved in here too. No UD served yet. We need help from an attorney asap. Pls refer us if you know anyone. Thank you. Email: firstname.lastname@example.org
email@example.com– my so called lender is lasalle bank what do you mean by a naked trust?
How do we find out if U.S. BANK N.A. AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CSFB2006-4 as well as “LASALLE BANK N. A., as trustee for “MORGAN STANLEY MORTGAGE LOAN TRUST 2006-9AR”, are TRUSTS in good standing or NAKED TRUSTS?
Thank you for your input.