MICHIGAN LAWS

FEDERAL BAILOUT PROVISIONS PRE-EMPT STATE LAW: SHERIFF STOPS MICHIGAN EVICTIONS: lets-hear-it-for-sherriff-evans

83 Responses

  1. My Husband And I Sold Our Businesses and our Home….Gained Employment…Built Our Dream Home..$300,000.00 Cash.. and A Small Mortgage…BIG MISTAKE…I was always told cant loose on realty…….Yeah Right!

    The Land we purchased was part of a family farm……we lost our jobs….waited over a year….still no jobs….was forced out by Mortgage company they would not work with us or talk to us except sending nasty letters and sending people to our door….my health could not take it anymore…..so we put the house up for sale ….they would not even return our realtors phone calls letters faxes emails nothing…..gained employment in another state had to leave our family, friends and the only life we ever knew……

    Left with five thousand in our pocket after selling everything, paying off what debt we could and a borrowed blow up mattress..and two folding lawn chairs…and our clothing…reached destination lived in a motel for 4 months….until we gained enough to get an apartment…which was difficult because our credit was so damaged.

    Finally sold the house and three days later….call from realtor there is a problem….the land was surveyed wrong and land owner will not give it up……took it sold it and now has a large sum of money from the sale in his bank account……free and clear….while I am stuck paying the behind the door debt, did the right thing and did not go through with the bankrupt (Canceled It), and are stuck with a foreclosure and other things on my credit report.

    We have tried desperately to get some help, with no avail, no one will talk to us, Mortgage Company, Title Company, Township, County, Tax People, IRS, State, No one….

    We are barely making it, our check book is in the red all the time, I have work diligently to try and get help, it has put me in the hospital over the stress of it all three times….Almost Gave up then….

    Finally I thought some relief there is actually a group going to make this right so I can go back home…..The Independent Foreclosure Review….Wronged in so many ways!

    There are laws out there to protect us and vindicate us, but what good are they when you have had all taken from you fraudulently and you can not pay $$$$$$$$ to get the vindication ?

  2. Start at “December 9th, 2011″ Comments (below) and work your way… UP. It seem apparent that, your question has been answered… and many times over.

    I don’t know your situation but you might want to… investigate additional options… I cannot make any promises but we have had a reasonable degree of success, against foreclosure.

    Please send me and email: lowecommunityresourcepartners@live.com

    I do hope and pray for the very best for, all of those going through this particular struggle.

    Have a good afternoon and may the Lord bless you and yours.

    Danny

  3. Can anyone tell me what is going on with the Daly Law Firm’s class action against MERS? I have been a member of this class action since May 2011 and have heard nothing. I have contacted the law firm to inquire and have yet to get any information. I would have thought I would hear something within the almost 2 years since I joined this $400 million dollar class action. I have called the Daly Law Firm several times and was told that the attorney would call me back. I understand that these types of cases sometime take time but I feel that I should be updated on the progress of the case. Any information I can get will be appreciated.

  4. Hello Mayer and hello Livinglies Fam,

    I hope that, ALL are doing well.
    Mayer, please tell your lovely wife I said, “thank you for all of your help”. It really gave me an added boost. It is always comforting to know that, people actually care (I’ve worked with and met so many who don’t)…
    Mayer, you are a blessed man; my friend. Feel more than free to send me an email and we can get going or I will stop by your wife’s desk; sometime before Friday…
    In ALL honesty; we cannot make any guarantees… We recently received our 1st loss (stay out of FEDERAL COURT; if at all possible)… I tell you, for the way that, we work with and interact with our Clients; It really hurt me because they have become my Friends (I don’t give up on or leave my Friends)… We aren’t out of the game yet but I can tell you that, there aren’t any SILVER-BULLETS; when it comes to Foreclosure Defense… With that said, we become products of the situation and thus become better at what we do, by being able to learn from experience…

    We are on to a few new added twists which seem to be aggravating the ‘Servicers’ and somewhat confusing the Courts… Can you say Damages… anyone???
    We charge for our services but I’ll ask you this, how many “service-providers”, attorneys, auditors or modification-spec’s actually HELP YOU TO GET THE MONEY BACK, +… (That was one of my rhetoricals because no other group is doing, what we are doing, let alone experiencing success)
    Feel free to send us a message at: lowecommunityresourcepartners@live.com
    Also, we will be adding “Expert Witness” to our repertoire, in re to matters of correspondent-lending (pre-Secondary Market Ops) as well as, matters relating to: ABN-Amro, Ameriquest, Standard Federal and some CitiMortgage (not as much)…

    Well, I think that you are tired of hearing from me so, I bid you all, a very good night and may the Lord bless you and yours…

    Dan Moss

  5. Please check this out; Mellentine v Ameriquest Mortgage Co. et al., 6th Cir. Ct. App. File name 13a0174n.06 NO. 11-2467 (Feb. 14, 2013) another victory for the homeowners in Mich.

  6. Hey Dan, My Wife remembers you from ordering “Assignments”, down at the Washtenaw County Clerks Office [if you are the same guy that helped to win the US Bank]. She told me that, “everyone in the office, thought that he was crazy”.

    Ann [my wonderful Wife, the Greatest Love] wanted to know, how we could get in touch with you? Do we have to be in foreclosure for you to work with us? How long does it take to win? How much does it cost? Will we own the place Free and Clear?

    You can either leave another post or the next time you go into the Washtenaw County Clerks Office, would you please drop by and ask for Ann [the most beautiful Woman since Cleopatra]. We would like to get moving ASAP. Good night. Mayer

  7. Howdy Home Owners,

    I hope that this message finds you in, good health and the best of Spirit. If you or your people have been having difficulties nailing down that, pesky PSA (with YOUR mtg); please shoot us a message (you really don’t need a Sec.Aud. but should you need the info, we’ll get it for little).

    In the State of Michigan; WE STILL have one of the only Vacation of Forecloser Rulings that, still STANDING…

    Got the “We sent 1,000,000,000 QWR-blues??? We ARE ACTUALLY ASSISTING with collection of ‘damages’ (sec 6, 8, 10 +)… E tu…

    Good people, we are somewhat progressive, in our approach to fighting foreclosures…

    So here’s the big question.

    Are there ANY Attorneys, ‘Service Providers’, Auditors or ‘Modification Specialist’ assisting you with PAYING THE EXPENSES ASSOCIATED WITH YOUR FIGHT??? (question would be rhetorical if… WE WEREN’T DOING IT:)

    … shoot us an email. I cannot guarantee that we will be able to work with you or that you will have the same success as other Clients but, we will surely take the same of greater efforts, on your behalf.

    God bless and keep up the fight (it’s not as hard, as you think:)

    Danny
    lowecommunityresourcepartners@live.com

  8. We have put together the ONLY WINS in the State of Michigan (others were shot down by the Court)… We have ZERO dissatisfied Clients… We work with the best Foreclosure Attorneys in the country… We work in all States except: AZ, NV, MN and VA (based on State Judiciaries’ past ruling/positions in/re to foreclosures)… We work with you (the Home Owner) every step of the way, for the full duration of the process. Now, the ONLY thing left for us, is to help SAVE YOUR HOME… Give us a call or shoot us an email for a free consultation.

    Dan Moss
    lowecommunityresourcepartners@live.com

  9. ???

  10. PS Tim of MI… you might also want to check the total frequency of my comments… I haven’t post here, much (also Tim of MI, if you want the free help; you would be best served reviewing the main pages… that’s where I drop the “pearl of great price”)…

    Hey folks… WE HAVE WINS and WE CAN SHOW YOU THE RULING (from the judge) which specifically points to, our efforts on behalf of the Home Owners as being “a factor” that was, “instrumental” in his “consideration to Vacate the Foreclosure…”

    I have given tons of FREE advice throughout this site… all we can do now is help you to SAVE YOUR HOME…

    send us an email and we will see what or if we can be of assistance to you …

    lowecommunityresourcepartners@live.com

    Good evening… and to you to “Tim of MI”

  11. PS Kat, sent you the info, hope you got it.

  12. Still here another 2 weeks, kinda hard to find a place when foreclosure is on you back… 5 years+ in most areas. Cash is king and I am surfing 20K foreclosure shytholes but we have to live somewhere. Every cash deal thats worth it gets sold illegally during negotiations… sigh just like the banksters, 3 gone so far and running outta time. Ah well, everything happens for a reason I guess.

  13. I have a huge, very complex case of wrongful foreclosure. I’ve been working on this for 23 mos. and have had it analyed, hand writting experts, affidavits from Register John O’Brien where 5 signers on my assignments (2 on one and 3 on the other) So many violations with proof, facts to back it up. I originally was going to try to defend myself (ourselves,I am married) but I need to make this first move. Our family has lost almost 2 years of living happily and I seriously cannot take it much longer. If anyone can reference an attorney in my state of MI, who is honest, has integrity, and has enough..(cough cough)..to take this on, it should be one of Muskegon County, Michigan’s biggest shake up in a very long time. PLEASE, Don’t be an idiot and fill my inbox with nonsence, I’m looking for someone who seriously wants to help me make one hell of a statement. greeneyes4224@gmail.com Thanks and God bless!

  14. I couldn’t know that renting and owning any specific real-estate might need a lot thought, energy, and quite often a higher price than everything we have. Great Informative blog by the bye!

  15. how many have you wan. i would like you to
    e-mail me.jrudy84@yahoo.com

  16. Martin great to hear your still in the fight! Most people do not have access or the time to find an avenue to help them selves. My post was in no way an attack ad just saying that other people have posted relevant information to this blog where some others are simply in it to scam them. Just sayin you know? We have just a few days left now and I am hoping that the trust I put in my lawyer works, not much choice if it dont. I hope you win your fight, you deserve it!
    Take care.

  17. TIM from MI, I am still here and is still in the thick of the fight. I am a little busy, however, I always try to read “all” the important blogs, including “Livinglies”. Trying to be always updated on what is going on out there. I might not make a comment, but I still find the time to read and learn. Knowledge is power…so my advice to you, keep your head up and continue with the fight. I have been doing so for the past five years and in those five years I have learned a lot and a lot of positive news have been coming out. I think that I started reading Livinglies almost from the time it started. maybe somewhere in the neighborhood of the 10,000 hits, awesome place to learn, just feel bad that some people put their frustrations here, for everyone to read. Oh well, I guess its a free country. I just feel like less attacks on people and more exchange of ideas will be better for everybody.
    MF

  18. Ahh good to see Dan the Man Moss is back! (aka CAPT. SH!T and Pastor James). For a man making BIG wins now in 14 states I see, you sure have a lot of time to slander anyone that is trying to do something about their situations.

    What do you have to offer anyone here? You surely are not a lawyer, way too much time. You don’t have a website and even hide behind an anonymous email address. So what are your intentions? Your various user names are not becoming of you, but you read the same and at least are consistent in the lies you speak.

    I really hope you don’t live the anger that you type, it isn’t healthy.

    To all else, may God Bless.

  19. ps

    If the Dailey Law Firms has so many wins against the banks, well then, WHY DID THEY TRY TO PERSUADE ME AND A NEIGHBOR TO, “jump on board with the CLASS-ACTION SUIT” and “our firm will break the backs of the banks if, we can get enough people on board” UN-QUOTE???

  20. Well folks, it’s time for me to do what I do best.

    Time to get the boots on and

    kick the proverbial shhhhhhhhhhhh.

    A few fannies {no pun intended} are about to get kicked and why, because they DESERVE IT and YOU NEED TO KNOW)

    THE DAILEY LAW FIRM (in Royal Oak, MI) is full of SHHHHHHHHHHHH.

    If you read through their website, they give you, really rough and round’about examples of their, “foreclosure success” but they don’t give you any real information/DETAILS about ANY of, their SUPPOSED CASES (no Client testimonials, no venues, no judges, no names, no nothing). The DAILEY LAW FIRM actually gives full-disclosure on the CASES, THE FIRMS NEVER WORKED ON or even have any associations to… The DAILEY LAW FIRM IS FULL OF SHHHHHHHHHHHHHH (with a capital I and T at the end).

    The best Foreclosure wins the DAILEY LAW FIRM HAS are ALL, “LOAN MODIFICATIONS”. So if ALL you want, is a B.S. loan MOD, well then, the DAILEY LAW FIRM IS FOR YOU. If you want to actually beat the foreclosure, THERE are ONLY TWO IN MICHIGAN and Dailey Law Firm, IS NOT ONE.

    Why as a matter of fact, they (DAILEY LAW FIRM) had to remove some items from their Official Website because, well they were about to get Blasted by the MICHIGAN ATTORNEY GRIEVANCE COMMISSION for, attempting to misrepresent their firm’s ability to stop foreclosures, POSTING CASES ON THEIR WEBSITE THAT, THEY NEVER WORKED ON.

    case and point:
    http://www.michiganforeclosurefacts.com
    THIS INFORMATION WAS ORIGINALLY POSTED ON DAILEYLAWYERS.COM (the official website of the Firm) BUT WAS TAKEN DOWN because old man DAILEY didn’t want to risk his license or HIS B. to the S. RADIO SHOW on WJR. THIS SITE WILL NOT ASSIST YOU WITH ANY FORECLOSURES. THEY WILL AND HAVE ATTEMPTED TO USE, OTHER LAW FIRMS CASES ALONG WITH, TALKING THE popular ‘JARGON OF THE DAY’ and using catch words like MERS, Securitization and Modifications, to potential Clients and they actually have fooled some folks.

    DAILEY LAW FIRM LAWYERS WILL TALK A GOOD GAME BUT if you know what you are talking about and continue to talk to them; you will see that NONE of those, pathetic-poor-excuse-for-attorneys get it. NO, NOT EVEN ONE.

    If there is any consolation gained from working with the DAILEY LAW FIRM, it was the fact that, Dailey and his crew helped to lighten the burden of carrying the money in my wallet.

    I am working with the gentleman who put together a couple of Michigan Vacation of Foreclosures. He told me that, I could go back and get Dailey and his crummy attorneys, for malpractice, after we get my house back.

    (thx dm and keep it up, you should advertise).

  21. MF was on the right track here. Daily Law Firm and Justin Grove get it. I wonder what happened with MF after his appeal was granted? I have met with and retained several lawyers and got the same exact results as MF prior to Justin. I am glad that I re-read through this blog to find Justin, this guy really knows what is going on. I have no idea how my case will progress in this late state of affairs but it is a relief to know that finally someone is willing to sit down and actually have a knowledgeable conversation and then be willing to file a case with the courts. I just wish I would have found this earlier, it is now less than a month before the end.

  22. MICHIGAN, FLORIDA AND ARIZONA JOIN THE AG SETTLEMENT FEB 7 2012

    http://www.scribd.com/doc/80855742/FLORIDA-AND-ARIZONA-JOIN-THE-AG-MORTGAGE-SETTLEMENT-FEB-7-2012

  23. Michigan AG asked to not sign onto the DOJ Foreclosure Settlement!!
    Breaking News. Read the reasons why folks.

    http://www.scribd.com/doc/80022389/SHROUDED-IN-SECRECY-MICHIGAN-AG-ASKED-TO-NOT-SIGN-THE-FORECLOSURE-SETTLEMENT-DEAL-JAN-31-2012

  24. We were not given 90 days notice and I will ask for a dismissal.

    Fannie Mae says they suspended eviction over the holiday is a lie.
    They said it would be from 12/19/2011 to 1/3/2012.

    But we were in court on the 22st of December 2011 to be evicted, with 10 days notice. and wanted us out in 10 days.
    be careful most of the documents seem to be manufactured. and Fannie Mae wants us out, they don’t even own the property.

    Just because it’s a paper from a lawyer doesn’t meant that it’s right or correct. Now I have to see if there was an advertisement for our property, or if there was even a sheriffs sale. scam to the core, only in our government.

  25. TITLE VII–PROTECTING TENANTS AT FORECLOSURE ACT
    I. SEC. 701. SHORT TITLE.
    This title may be cited as the `Protecting Tenants at Foreclosure Act of 2009′.
    II. SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING
    TENANCY.
    (a) In General- In the case of any foreclosure on a federally-related mortgage loan or on
    any dwelling or residential real property after the date of enactment of this title, any
    immediate successor in interest in such property pursuant to the foreclosure shall assume
    such interest subject to–
    (1) the provision, by such successor in interest of a notice to vacate to any bona
    fide tenant at least 90 days before the effective date of such notice; and
    (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure–
    (A) under any bona fide lease entered into before the notice of foreclosure
    to occupy the premises until the end of the remaining term of the lease,
    except that a successor in interest may terminate a lease effective on the
    date of sale of the unit to a purchaser who will occupy the unit as a
    primary residence, subject to the receipt by the tenant of the 90 day notice
    under paragraph (1); or
    (B) without a lease or with a lease terminable at will under State law,
    subject to the receipt by the tenant of the 90 day notice under subsection
    (1),
    except that nothing under this section shall affect the requirements for termination
    of any Federal- or State-subsidized tenancy or of any State or local law that
    provides longer time periods or other additional protections for tenants.
    (b) Bona Fide Lease or Tenancy- For purposes of this section, a lease or tenancy shall be
    considered bona fide only if–
    (1) the mortgagor or the child, spouse, or parent of the mortgagor under the
    contract is not the tenant;
    (2) the lease or tenancy was the result of an arms-length transaction; and
    (3) the lease or tenancy requires the receipt of rent that is not substantially less
    than fair market rent for the property or the unit’s rent is reduced or subsidized
    due to a Federal, State or local subsidy.
    (c) Definition- For purposes of this section, the term `federally-related mortgage loan’ has
    the same meaning as in section 3 of the Real Estate Settlement Procedures Act of 1974
    (12 U.S.C. 2602).
    III. SEC. 703. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES.
    Section 8(o)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(7)) is
    amended–
    (1) by inserting before the semicolon in subparagraph (C) the following: `and in
    the case of an owner who is an immediate successor in interest pursuant to
    foreclosure during the term of the lease vacating the property prior to sale shall
    not constitute other good cause, except that the owner may terminate the tenancy
    effective on the date of transfer of the unit to the owner if the owner–
    `(i) will occupy the unit as a primary residence; and
    `(ii) has provided the tenant a notice to vacate at least 90 days
    before the effective date of such notice.’; and
    (2) by inserting at the end of subparagraph (F) the following: `In the case of any
    foreclosure on any federally-related mortgage loan (as that term is defined in
    section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602))
    or on any residential real property in which a recipient of assistance under this
    subsection resides, the immediate successor in interest in such property pursuant
    to the foreclosure shall assume such interest subject to the lease between the prior
    owner and the tenant and to the housing assistance payments contract between the
    prior owner and the public housing agency for the occupied unit, except that this
    provision and the provisions related to foreclosure in subparagraph (C) shall not
    shall not affect any State or local law that provides longer time periods or other
    additional protections for tenants.’.
    IV. SEC. 704. SUNSET.
    This title, and any amendments made by this title are repealed, and the requirements
    under this title shall terminate, on December 31, 2012.
    Federally related loan:
    1st or subsequent lien on 1 to 4 unit property as to which:
    1) lender accounts are insured by agency of federal government
    2) lender is regulated by federal government
    3) loan made, insured, guaranteed by HUD or agency of federal government
    4) loan intended to be sold to Fannie Mae or Freddie Mac or purchased by Freddie
    5) loan made by commercial lender,
    whose aggregate annual residential loans total at least $1 million and
    to whom payment is initially due
    requiring 4 or more installment payments,
    may involve a finance charge
    (This takes care of most banks that are not insured or regulated by fed.)
    See: 12 USC §2602 (1) and 15 USC § 1602 (f).
    Distinction is limitation to 1 – 4 unit properties
    Section 8(o)(7) as amended (42 USC 1437f (o)(7)
    (7) Leases and tenancy
    Each housing assistance payment contract entered into by the public housing agency and the
    owner of a dwelling unit–
    (A) shall provide that the lease between the tenant and the owner shall be for a term of
    not less than 1 year, except that the public housing agency may approve a shorter term for an
    initial lease between the tenant and the dwelling unit owner if the public housing agency
    determines that such shorter term would improve housing opportunities for the tenant and if such
    shorter term is considered to be a prevailing local market practice;
    (B) shall provide that the dwelling unit owner shall offer leases to tenants assisted under
    this subsection that–
    (i) are in a standard form used in the locality by the
    dwelling unit owner; and
    (ii) contain terms and conditions that–
    (I) are consistent with State and local law; and
    (II) apply generally to tenants in the property who
    are not assisted under this section;
    (C) shall provide that during the term of the lease, the owner shall not terminate the
    tenancy except for serious or repeated violation of the terms and conditions of the lease, for
    violation of applicable Federal, State, or local law, or for other good cause, and that an incident
    or incidents of actual or threatened domestic violence, dating violence, or stalking shall not be
    construed as a serious or repeated violation of the lease by the victim or threatened victim of that
    violence and shall not be good cause for terminating the tenancy or occupancy rights of the
    victim of such violence and in the case of an owner who is an immediate successor in interest
    pursuant to foreclosure during the term of the lease vacating the property prior to sale shall not
    constitute other good cause, except that the owner may terminate the tenancy effective on the
    date of transfer of the unit to the owner if the owner–
    (i) will occupy the unit as a primary residence; and
    (ii) has provided the tenant a notice to vacate at least 90 days before the effective date of
    such notice.;
    (D) shall provide that during the term of the lease, any criminal activity that threatens the
    health, safety, or right to peaceful enjoyment of the premises by other tenants, any criminal
    activity that threatens the health, safety, or right to peaceful enjoyment of their residences by
    persons residing in the immediate vicinity of the premises, or any violent or drug-related
    criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the
    tenant’s household, or any guest or other person under the tenant’s control, shall be cause for
    termination of tenancy; except that
    (i) criminal activity directly relating to domestic violence, dating violence, or stalking,
    engaged in by a member of a tenant’s household or any guest or other person under the
    tenant’s control shall not be cause for termination of the tenancy or occupancy rights, if
    the tenant or immediate member of the tenant’s family is a victim of that domestic
    violence, dating violence, or stalking;
    (ii) Limitation.–Notwithstanding clause (i) or any Federal, State, or local law to the
    contrary, a public housing agency may terminate assistance to, or an owner or manager
    may bifurcate a lease under this section, or remove a household member from a lease
    under this section, without regard to whether a household member is a signatory to a
    lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to
    any individual who is a tenant or lawful occupant and who engages in criminal acts of
    physical violence against family members or others, without evicting, removing,
    terminating assistance to, or otherwise penalizing the victim of such violence who is also
    a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or
    termination of assistance shall be effected in accordance with the procedures prescribed
    by Federal, State, and local law for the termination of leases or assistance under the
    relevant program of HUD-assisted housing.
    (iii) nothing in clause (i) may be construed to limit the authority of a public housing
    agency, owner, or manager, when notified, to honor court orders addressing rights of
    access or control of the property, including civil protection orders issued to protect the
    victim and issued to address the distribution or possession of property Among the
    household members in cases where a family breaks up;
    (iv) nothing in clause (i) limits any otherwise available authority of an owner or manager
    to evict or the public housing agency to terminate assistance to a tenant for any violation
    of a lease not premised on the act or acts of violence in question against the tenant or a
    member of the tenant’s household, provided that the owner, manager, or public housing
    agency does not subject an individual who is or has been a victim of domestic violence,
    dating violence, or stalking to a more demanding standard than other tenants in
    determining whether to evict or terminate;
    (v) nothing in clause (i) may be construed to limit the authority of an owner or manager
    to evict, or the public housing agency to terminate assistance to \9\ any tenant if the
    owner, manager, or public housing agency can demonstrate an actual and imminent threat
    to other tenants or those employed at or providing service to the property if that tenant is
    not evicted or terminated from assistance; and (vi) nothing in this section shall be
    construed to supersede any provision of any Federal, State, or local law that provides
    greater protection than this section for victims of domestic violence, dating violence, or
    stalking.;
    (E) shall provide that any termination of tenancy under this subsection shall be preceded
    by the provision of written notice by the owner to the tenant specifying the grounds for that
    action, and any relief shall be consistent with applicable State and local law; and
    (F) may include any addenda required by the Secretary to set forth the provisions of this
    subsection. In the case of any foreclosure on any federally-related mortgage loan (as that term is
    defined in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602)) or
    on any residential real property in which a recipient of assistance under this subsection resides,
    the immediate successor in interest in such property pursuant to the foreclosure shall assume
    such interest subject to the lease between the prior owner and the tenant and to the housing
    assistance payments contract between the prior owner and the public housing agency for the
    occupied unit, except that this provision and the provisions related to foreclosure in subparagraph
    (C) shall not shall not affect any State or local law that provides longer time periods or other
    additional protections for tenants..

  26. ginger & john both sound as if they are WORKING FOR TROTT & TROTT LAW FIRM AND ARE PAID TO GIVE STUPID ADVICE TO “UNSUSPECTING HOME-OWNERS”…

    It would appear that livinglies may even be supporting the ginger’s & john’s, who come on this site and intentionally give us their, FALSE, MISLEADING and “DRAWKCAB-SSA” opinions…

    IF ANYONE FOLLOWS ANY OF the “ginger & john” opinions; not only will you LOSE your HOME but you will probably be sent to JAIL…

    HEY, MICHIGAN HOME-OWNERS and HOME-OWNERS of any of the fine STATES, throughout this United States of America!!!

    You aren’t “Morons” and you aren’t “Stupid”, as ginger & john, so euphemistically, refer to you as.

    If you need help against a foreclosure; please give me a call or send us an email. We haven’t lost yet and the ONLY people with any negative comments about us are Servicers, Servicer’s Choice “Foreclosure Mills” and the people who are under the “strong delution” that, some group or individuals, were placed, HERE (on this Earth) with the sole and singular pupose of, “WORKING TO SAVE YOUR HOUSE… … … … for free…”

    Folks, we can HELP but it most certainly WILL NOT BE FREE… Not even to share 50/50 with you on damages (that’s like asking a store clerk to, let you scratch-off the instant tickets… … … for free… … until you can find the winning ticket, after which time, you will kindly, split damages)(that dog doesn’t hunt, folks).

    Fellow citizens of the USA:

    1. We can help you keep your house (no MODs, no Short-Sale, no trans. of Title/Deed, no HAMP, no TRICKs or bad advice). The reason that I know is for the fact that, WE HAVE DONE IT BEFORE.

    2. Prices: Up-Front Fee (Covers administrative work/costs); Back-End Fee (Payable upon actual Court awarded ruling/victory) and the Ad-Claim Fee (A small percentage fee that, we will assess for any and all, damages awarded to our Clients. When this Fee is collected; the “Back-End Fee” is eliminated).

    3. Length of Time: Our portion of the transaction, normally takes as little as 2 weeks or as long as, 5 months (time depends on the amount of research required and the severity of the situation). Attorneys/Court portion can take from (2 – 6+ months depending on the Docket Schedule/Size)(we don’t work with “Green-Horn” Attorneys unless they are taking 100% lead, in a subordinate capacity from one of our Attorneys With WINs).

    We haven’t lost yet… and do not plan to;)

    Please shoot us an email or give us a call:

    lowecommunityresourcepartners@live.com

    Home-Owners, let’s stop taking the criminally-insane-advice that the “stoners” are giving on this site and others (i.e. taking your home apart brick X brick, taking a “HAMP MOD” or walking away)

    FIGHT the good FIGHT. If you remain, too scared to try; you will always be, too scared to WIN.

    I get and have received, WINS…

    Give us a call. God bless you and yours:)

  27. Judas Priest what rock do you live under.
    Ask your local cops if they can arrest you for dismantelling your own home!!!!!!
    DO NOT BURN!! THAT IS ARSON!! THAT IS ILLEGAL!!!
    Anyone with a brain knows one is allowed to tear down and REMOVE their DOMICILE!!!
    YES YOUR COPS KNOW IT IS UNENFORCEABLE !!!
    EVEN A RENTER IS ALLOWED TO DISMANTLE OR DESTROY THEIR DOMICILE!!!
    EVEN THO THEY DONT OWN IT!!!!
    READ MI LAW!!!
    YOU MORONS ARE WILLING TO LOSE YOUR HOMES WITHOUT EVEN READING THE STATE LAWS YOU DESERVE IT!!!
    MICHIGAN IS IMPLISATE IN MANY AREAS
    BAD BAD GINGER
    GINGER IS 4 PEOPLE—we are not all ginger—but we areMERRY XMAS AND BLESS YOU AS IGNORANT AS YOU MAY BE–IGNORANT IS BLISS AFTERALL AND AFTERALL YOU SUCK
    F- U All TILL NEXT YEAR HAHAHA

  28. Ginger,

    Cops do not know the laws, that is the last place to get advice of any kind.

    Can you link that statute? Before anyone tries this they should read it and have it interpreted and printed out to show the judge the next day after being arrested.

  29. Silly people of MICHIGAN
    Do you realize what you are allowed under MI law???
    You are allowed to disassemble your home
    under MI LAW!!!!
    If you tell your phoney lender pretender that you will dissemble your home if threatened foreclosure they will back off immediately — ask your local cops what you are allowed to do to your domicile for any reason. NO YOU MAY NOT BURN IT!!!! THAT IS ARSON
    !!! BUT YOU MAY TAKE IT ALL WITH YOU!!!!!
    YOU MAY TAKE IT BRICK BY BRICK—PIECE BY PIECE—-
    THAT MUCH IS SANCTIONED BY MI LAW!!!!!
    EXERCISE YOR MI RIGHTS AND STRIP DOWN YOUR HOME AND MOVE IT ELSEWHERE!!! PERFECTLY LEGAL!!!!
    THEY CAN DO NO HARM TO YOU !!!!
    ASK ANY COP ON THE STREET WHAT CHARGES HE CAN BRING AGAINST YOU FOR DISMANTLEMENT OF YOUR HOME!!!!
    AS SOON AS ONE THREATENS DISMANTLE OF ONES HOME THE BANKS TUCK TAIL!!!!
    WAKE UP MICHIGAN MORONS!!!
    STRIP IT TO THE FOUNDATION!!!
    TELL YOUR PHONEY LENDER THAT YOU WILL!!!
    CALL YOUR COPS!! ASK THEM WHAT IS LEGAL!!!!!!!!
    THE COPS WILL TELL YOU IT IS LEGAL FOR ANYONE WHO LIVES IN THE HOME TO DO EXACTLY THAT!!!!
    CHECK IT OUT YOURSELVES MI MORONS!!
    THREATEN TO TAKE WHAT IS YOURS AND THEY WILL LEAVE YOU ALONE!!!
    USE THE MI LAW ON THE BOOKS!!
    WE RECOMMEND THIS TO ALL SO CALLED HELPLESS—
    DISMANTLE AND MOVE ELSEWHERE OR SELL TE STUFF OFF-

  30. Hi Ginger,

    WAS your sheriff sale properly posted in the newspaper as per MI law?
    The sale was delayed several times and I do not know if they re-ran the required ads at each reset of the sale. I did find one ad at the first ‘sale’

    Did you or your hired BOZO attend the sale?
    NO

    What co. are you in?
    Oakland

    Did your sheriff follow MI law!!!??
    I think he followed current protocol, not necessarily the law.

    Who bought your home at the sale?
    BoA

    DID IT GO “BACK TO THE BANK” ?
    yes, Went to BoA which is a servicer and not a bank.

    WAS THERE A BUYER, see above
    ====================

    Have another angle now, need to fund it though and see what develops before I can comment on anything in regards. These cases involving people fighting back are silenced and I believe a reason why we are having a hard time finding information or lawyers that know what to do. Michigan for whatever reason is clearly a quiet area of this fraud.

    I will update soon as I find anything of help. However if we start a suit I along with many others will have to remain silent. This I think is the biggest obstacle to overcome in fighting a foreclosure.

  31. John
    That’s a lot of money to spend on a 2 bit attny.
    and even more to spend on some run at the mouth attny. wannabe.
    If you paid an actual attny. and he failed to file papers in time that is called malpractice and is grounds for suit.
    These clowns ( BOZOS ) pass the BAR British allegiance registry—
    believe they are gods who you-we us – pay this retainer and then they do just as you say–NOTHING. They have somehow justifiably received payment for services never rendered but that constitutes MALPRACTICE!!!
    They are taught foremost to gain your trust to get the retainer and then sit on their glorified asses!!!
    If you would like to file a malpractice suit let me know.
    WAS your sheriff sale properly posted in the newspaper as per MI law?
    Did you or your hired BOZO attend the sale?
    What co. are you in?
    Did your sheriff follow MI law!!!??
    Who bought your home at the sale?
    DID IT GO “BACK TO THE BANK” ?
    WAS THERE A BUYER, JOHN???

  32. Daily law firm, called Monday-Wednesday, got a call back from secretaries and left voice mails all 3 days… no call back. I am calling this one useless.

  33. Thanks a lot Ginger, I will contact a source from below and see if they can help this situation.

    So many conflicting reports and advice from lawyers, they all want the money but do nothing. Some who brag a lot (even on this site!)want upfront costs just under 10K and then 30% of market value if they win the house back… terrible huh? Not to mention that they are not lawyers and you need to cough that up in addition.

    Wasted another sum of money and time with someone who claimed he could help only to find that he filed nothing and the house sold at sheriff auction. Now I have 2 months until eviction and spent everything I had left with Bozos (no offense to the real Bozo who I met in person). This particular one told me after this fact that he could “buy me some time”. What happened to suing and tying this up for years? He did in fact refund a bit due to not liking his service, 500 back from 5k… sounds fair to me. ;-[

    If I had no equity that would be one thing but I do have a bit that I do not want to give away.

    I will keep you folks updated with this ongoing situation.

  34. Well, HELLO to ALL of the ‘True Believers’!!!

    I hope that everyone is doing well and in the best of spirits. Some have contacted me and asked, “Danny, what has happend to you?” and “where have you been???”

    Well… the answer is simple.

    I’VE BEEN HELPING HOME OWNERS (we are working on some big things against ‘The BOA-constrictor’)(thank the LORD for MICHIGAN Apell. Court…)

    What that means (even though you don’t know what that means) is, I haven’t had any FREE-TIME or ANY TIME TO, JAW JACK ON A BLOG WHEN FOLKS ARE LOSING THEIR HOMES…

    Did you ever notice that, the ‘new’ and ‘usual’ suspects (JawJackers/HACKS/KnowNothings/theFriendless) that you frequently read, on this site ARE… well…

    1. ON THIS BLOG AND OTHERS…
    2. CONSTANTLY RUNNING THEIR MOUTHS…
    3. RE-STATING SOMETHING THAT THEY HEARD FROM, A PERSON WHO REALLY KNOWS WHAT’S GOING ON (i.e. me but I don’t talk much)…
    4. ACTING AS IF, THEY WERE GOING TO BE ABLE TO ASSIST YOU… even, in the least bit…
    5. but alas, their information and assistance is… laughable at BEST or at the WORST, these people are giving incompetent, incomplete and erroneous advice to, Home Owners who would rather move toward keeping THEIR HOMES instead of, listing to these HACKS

    Please read through the previous posts and you will start to see a pattern… TELL THESE IDIOTS TO GIVE YOU GENUINE HELP (they can’t) or to SHUT THEIR DRAUGHT-HOLES and save the conversations for Twitter, Facebook or any of the other “SOCIAL NETWORKING SITES”… Probably 35-55% of the people who post to, this site and others like it AREN’T CAPABLE OF DOING ANYTHING BUT RUNNING THEIR MOUTHS (hey ginger)…

    If these folks are ONLY adding, another OPINION, to the game; THEY SURELY AREN’T NEEDED and will probably give you some Crack-Head advice that will screw your case up (e.g. “go sue your sheriff” and other bytes of LUNACY) and leave you posting to blogs like this one, from the local WiFi stations because… you lost your house!!!

    I HAVE WINS AGAINST FORECLOSURES… and not an opinions (hey ginger)…

    IT’S TIME TO GET SERIOUS…

    If you need help in MICHIGAN or any other STATE in the UNION; please contact me at:

    lowecommunityresourcepartners@live.com

    May the Lord bless you and your situations…

    now, I HVE TO GET BACK TO ACTUALLY HELPING HOME OWNERS… instead of running my mouth;)

    PS

    Oh, and ginger… the Pastor that you so rudely disrespected… had his house SAVED… by lil’ole me… and what have you done ginger, besides using up Mr. Garfield’s storage capacity on WordPress???

    John if you need help; please email me and tell ginger to save her dribble for facebook or some medicinal mary-joe site;)

  35. John.
    Your email address does not post on this site for privacy.
    Read down these posts and depending where you live you may find a lawyer to call.
    Tisk tisk–many thousands in the yellow pages but no intelligence to be found..
    Some are listed further down—depends on what you want to achieve

  36. What attorneys are you folks using? I have intervied 4 now and none are worth my time. Either with out a clue or don’t want to bother or want my children as payment.

    Any links or contacts appreciated! Just send to my email.

    Thanks so much!

  37. Wow people-
    Trott & Trott , who I have heard through the FBI grapevine bought a title company to further their agenda—-has conveniently supplied 4 years of my missing mortgage payments to me after I reminded TROTT that SAXSON MORTGAGE could not/ did not supply them in our QWR “response”
    Whatever NINNY HIRED to FABRICATE THIS MISSING PAYMENT HISTORY should be fired or promoted—
    The AMORTIZATION TROTT provided showed EVERY OVERAGE I PAID EACH MONTH WAS APPLIED TO MY BALANCE OWED RATHER THAN SUBTRACTED!!!!!
    CHEESE AND RICE!!!
    LOOK AT YOUR AMORTIZATIONS !!!!!
    CLINTON CO. CORRUPTION and TROTT & TROTT WILL BE EXPOSED.
    The big-wig “judges” i.e GODS in ST Johns need to say a few more hail marys WHEN THEY LEAVE THEIR LOCAL TAVERNS AT LUNCH TIME—- the sheriff, too. GOOD CATHOLIC STOCK
    He needs to stop passing the buck on to his underlings so he can claim innocence on the whole ball of wax.
    CALL CLINTON CO. AND ASK HOW THESE AUCTIONS WORK!!!
    KANGAS IS SO IGNORANT ONE MUST WONDER WHAT HIS COMPETENCY LEVEL IS ON ANY DUTY!!!!!!!
    APPARENTLY HIS UNDERLING RACHEL HOLDS AUCTIONS WITH NO ONE THERE WHENEVER SHE SEES FIT!!!!
    SUE YOUR SHERIFF!!!!!
    IS WRONGFUL FORECLOSURE DIFFERENT THAN WRONGFUL ARREST!!!!!!!!!!!
    SUE THEM!!!!! MAYBE THEN THEY WILL FEEL IT WHERE THEY STUCK US!!!!

  38. THANK YOU SO MUCH for this posting!!! I have been praying for months now for God to intervine in waht is happening to me with Citimortgage and Fannie Mae. I am meeting with a lawyer tomorrow, and I believe, you have provided enough information and Michigan laws to jump start our case!!! The Lord is wonderful and so are you! God bless!!!

  39. Howdy to all of the wonderful ‘Livinglies’ Readers,

    I hope that this message finds you in, the best of health and Spirit. I have been extremely busy, helping Home Owners fight their many and varying housing dilemmas. ALL is well, thus far…

    We just got another WIN for one of our Clients (well, that is what the Client calls it). It was really encouraging for me, personally (because we did some good work but I feel, a tad empty because the Client’s chose to take a negotiated settlement but for the terms they were offered, their feelings of stress and the cash that they have had to exhaust, during this process… I can’t say that I blame them. They got a far better deal than what they had before: 50 percent of the original mtg, 4.75 fixed, 40 years, 12 month payment Holiday). If you think that, I am wrong for feeling the way that I do; please send me your comments. You see; here’s the thing. If a lender offers you a modification or a settlement, more than likely, you have a good case and they stand to lose. That is the ONLY time the lenders will negotiate with you… … … except for BOA… 

    WARNING OF THE DAY:
    I have a close family member who works for Cole Taylor Bank and I wanted to warn ALL of those people who are, thinking about financing a new home or refinancing that…
    COLE TAYLOR’S MORTGAGE section is being fronted by ABN-Amro (my former employer) and is being ran, ever so stealthily by Willie Newman (former CEO of InterFirst Wholesale and President of ABN-Amro)…
    From me to you; those guys are back to, business as usual. I know FOR A FACT THAT, Cole Taylor is Securitizing and selling ALL of their NEW mortgages/Closings.
    I’ve seen their internal documentation and have been given a pretty reasonable description of, how they are doing it…
    Do you ever stop, some days and wonder if, “I (understood you) am in the wrong line of work”.

    As of late, we have been taking some, very innovative steps, in assisting Home Owners who have chose to FIGHT. We are currently running some pretty interesting and fruitful communications with Bank of America. For some reason; the idiots at Bank of America choose to continue to reply to, some of the most inflammatory statements, affidavits and QWR’s that we are able to concoct. THAT IS VERY GOOD FOR THE HOME OWNER. If you want the banks/lenders to give you their souls; just place the request within, cleverly worded statements… and then it dawned on me, as to why I can’t keep a meaningful relationship… I KNOW THE ANSWERS, BEFORE I ASK THE QUESTIONS and with that said, you must know WHAT to ask and HOW to ask it (nobody is going to give you anything so. Learn how to get it or HIRE PEOPLE who, KNOW HOW TO GET IT… like, lil’ole me:)

    We don’t just “GET IT”… and what is “IT” anyways??? What WE DO GET… are WINS.
    Stop dealing with the rookie paralegals, bogus modification companies and attorneys who have ONLY AS OF LATE, began being retained by clients…

    GIVE US A CALL OR SEND AN EMAIL. I personally have 13 years experience in Residential and Commercial Finance (I know where some of the bodies are hidden, so to speak) and have become familiar with the processes that, the banks have instituted. We don’t look for modifications. We look to save your house. We work to assist you by, gathering evidence for discovery and building your case (before you even get to Court). We work with ONLY qualified, licensed, in good-standing Attorneys… who have multiple WINs.

    May God bless you and yours. Talk to you soon.

  40. Here’s a GOOD one for you folks…

    OK, normally I come on to this blog and rattle on and on about our progress and the WINS, blah, blah, blah (we got the 1st Vacation of Foreclosure in the State… soon to be, the first 12, in the State).

    We will soon have the first “Vacation of Mortgage” if and when, the Clients come to the realization that, THEY ‘MUST NEEDS’ PAY ME…

    With that said, I have found one of the most notorious “robo-signers” in Michigan… and get this… wait for it… wait for it…

    THE ROBO-SIGNER WILL BE COMING ON-BOARD WITH US!!!

    If you have had issues with Orlans and or Trout & Trout (hope I spelled it right), you might want to contact us at:

    lowecommunityresourcepartners@live.com

    We have one of the most notorious robo-signers COMING ON-BOARD. Just imagine if they said that, they never signed your sheriff sale docs….

  41. With all due respect pastor–stick to your Saturday or Sunday sermons.
    How ’bout Jesus and the money changers for starters?
    Let’s not pretend our sheriff is a lawyer who can sort through the endless documents filed fraudulently through Trott & Trott here in Clinton County.
    If the sheriff has been presented some documentation by the home-owner that a sheriff sale might in deed be FRAUDULENT then perhaps the sheriff should let the glorified attorney (judge ) decide and pass on the sale of said home in question to his discretion.
    Our home was fraudulently transferred at the registrar of deeds in good ol boys town of St. Johns Mi. by Carol Wooley.
    The sheriff in turn, acted on her following LEGAL PROCEDURE to proceed with a fraudulent foreclosure.
    SAD!!
    Hope Carol is enjoying her retirement.
    How many families did she leave homeless due to her total lack of fulfilling job duties?
    If Neil will permit I can post all correspondence with Carol Wooley and her ridiculous answers in the face of Michigan LAW

    ginger

  42. This message is for Mr. Buff and others who are going through, what we had gone through.

    KEEP THE FAITH AND FIGHT THE GOOD FIGHT. I have been hearing quite a few people mentioning the ‘Sheriff’s Sale’ and how those sales, should not have gone through. The arguments may be right or wrong but the answers are beyond my personal knowledge base (I am not a legal expert). There is one thing that I can tell you. The Sheriff’s put it on the line everyday and with that said, don’t focus all of your efforts on fighting the Sheriff (The are ONLY doing their jobs). Instead, find the knowledgeble people and attorneys who can help you, go against the banks and lenders.

    This website has many informative articles and I have read posts of some success stories.

    I am proof that, there is help for the people of Michigan and other States. How do I know; you may ask? Well, we got one of the first Vacations of Foreclosure, in the State of Michigan. Now, we are by no means complete with our litigation (waiting on the Vacation of Mortgage) but we will soon be.

    We must pick and choose the RIGHT battles. Be wise and apply you attention where appropriate.

    Please read through some of the recent articles, listed below.

    There is help.

    We worked with Dan Moss at lowecommunityresourcepartners@live.com and he is the one who, put it all together for us. Now, I don’t ususally give commercials but in this case, the proof is in the pudding, so to speak.

    Livinglies has been a mountain of practical understanding.

    With that said, hold on and DO NOT LOSE FAITH. The Lord will help you with this situation. So, all you need to do now is, CONTACT THE PEOPLE WHO CAN HELP YOU FIGHT THE GOOD FIGHT.

    God bless you, ALL

    Pastor James

  43. Michigan Sheriffs have defaulted to the banksters atandard and there is nothing you can do without paying a substantial payment to lose… thanks for the thoughts.

  44. Good day to all,

    I hope that everyone is doing well on this blessed Thursday. 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.

    at:
    lowecommunityresourcepartners@live.com
    You will not regret it.

    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.
    Have a wonderful evening, keep the Faith and Fight the GOOD Fight.

    May God Bless you all,
    Pastor James H.

  45. Hear it is the answer to our prayers. Go Michigan Appeals court

    http://coa.courts.mi.gov/DOCUMENTS/OPINIONS/FINAL/COA/20110809_C297962_40_297962.OPN.PDF

    Please spread the news
    MF

  46. ps We can work in any State…

    Best to you, ALL.

    Dan

  47. Michigan’s 1st ‘Vacation of Foreclosure’
    Well folks here we are… Unlike the bulk of HACKS and uninitiated IDEALIST who excite you with their, PERRY MASON’esq diatribes about the mortgage/foreclosure situation…
    I have actual WINS… not opinions… WINS… not patriotic-dribble (were smack dab in the middle of Globalization) that really means little… WINS… no convoluted UCC arguments… WINS… no hearsay… WINS… no speculations on ‘Attorneys Who Get IT’… WINS… zero opinions of what might work… WINS…
    I DON’T HAVE A DESIRE TO HAVE MY VOICE HEARD… I HAVE A DESIRE TO EARN WHAT I WILL CHARGE YOU, AFTER WE SECURE YOU… YOUR OWN WIN…
    Currently, we are preparing to go for DAMAGES (the lenders have already shot themselves in the foot by being stupid enough to give the wrong responses to our affidavits, Sworn/Notarized Statements and other mailings)…
    FREE ADVICE OF THE DAY (free being the keyword):
    Try to think backwards through you problem… Look at the end result and work your way back to the beginning… It works…
    Contact me if you want a WIN (nothing else)…
    Thank you and God bless.
    Danny
    lowecommunityresourcepartners@live.com

  48. Has anyone heard of a lawyer Lance Denha in Michigan. Does he get it ??? any info would be appreciated

  49. WE HAVE THE “FIRST” WIN IN MICHIGAN:

    ‘Vacation of FORECLOSURE’…

    We have a few more WINS due soon… We just had to cut the DEAD-WEIGHT of under-handed attorney’s (plural), we were working with. With that said, WE ARE COCKED, LOCKED and ready to ROCK. The Banks (BOA, USB, ABN, Fannie and MERs + a few more) already know what WE can do because, we’ve done it…

    LET US HELP YOU KEEP YOUR HOME and not dance around in Court for the next 2 years. We do not go for the quick fixes. We go for the BIG WINS.

    We are currently working Cases in:

    MICHIGAN
    ILLINOIS
    GEORGIA
    TEXAS
    NORTH CAROLINA
    FLORIDA
    WASHINGTON STATE
    NEW JERSEY
    ARKANSAS
    CALIFORNIA
    SOUTH CAROLINA
    ALABAMA
    OHIO
    WISCONCIN

    …and just so you fine folks know (below is a very precise and well directed JAB at, well… they know who they are):
    (it wasn’t that garbage, 1st time, on the job training, over billing HACK, ‘local’ attorney “who DIDN’T get it” [but was almost FIRED, if we had not only had a week to wait, for the Judge's Ruling] nor was it the “FILING-recycler scumbag” who, likes to make deals behind others backs a.k.a. “J3## —8-$”… If I get blocked again; I might just spill ALL of the beans… STARTING WITH THE MI, FL, CA + STATE ATTORNEY GRIEVANCE COMMISSIONS… plural)… (and after that, we just might see, ALL of the the FILING-RECYCLER’s “Multiple State Filings” mysteriously, APPEAR ON THIS SITE AND OTHERS… I do my homework HOMMIE and they could almost label your filings QWR’s)…

    phwwwww… now that we have that out of the way…

    DID I MENTION THAT, WE HAVE WINS and great *NEW* team of Attorneys.

    Good night and May the Lord bless you, ALL.

    Shoot Dan an email @:

    lowecommunityresourcepartners@live.com

  50. The WINNER is back…

    If you fine people can read this message then, it means that the fine folks of this blog have stopped censoring my posts.

    NOTE TO LIVINGLIES owner/WEBMASTER

    I do not appreciate being censored and having my post, not appear. I do not use questionable language nor do I verbally abuse any persons on this site.

    (if LIVINGLIES is still censoring me, I have a FIX for that. If it happens again; I have a real FIX for that and when that time comes it might be, a byte problematic but alas, I CAN SHOW YOU, FAR BETTER THAN I COULD EVER TELL YOU;).

    (LIVINGLIES SHOULD RESPECT ALL POINTS OF VIEW… ESSPECIALLY THOSE WHO HAVE WINS… like me:)

    We are entering into the damages portion of our litigation, in MICHIGAN. Wish you were here because the view is great… I may even be able to end having to deal with the “cheap skates” who, do not want to spend a couple of bucks, in order to save their homes (WHY ARE YOU EVEN ON THIS SITE IF YOU DO NOT WANT TO ‘PAY TO PLAY’??? It isn’t hard to see why, some of you folks are in foreclosure… some of you are attempting to work the system, even more so than some of the Banks… tsssk, tsssk, tsssk and FORESHAME). It’s funny but the fact of the matter is this… the ones who are trying to beat the system probably won’t win (regardless what the claims are, there AREN’T that many “attorney’s who get it”, LET ALONE WHO HAVE WINS… like me:)

    I cannot give you the play-by-play on this blog because the “CASE is SEALED”. In addition to that, I am not one who attempts to promote ideology nor do I desire to help if, you aren’t willing to pay me… How’s that for you… No long rhetorical speeches about America, Patriotism or concern… My motivation is to COLLECT THE MONIES DUE TO ME FOR, HELPING YOU GET YOUR HOUSE BACK…

    THE ONLY THING THAT MY FORECLOSURE CREW “GET’S”… are WINS but I should let you review the Case (only in person and with Client permission)…

    Folks, I love you ALL and wish you the best. If you choose not to hire me for your Case…

    GOOD LUCK because you will need it… unfortunately, we don’t believe in LUCK because, LUCK is CHANCE and chance is what you will be taking when you, TRUST THAT LAWYER WHO DOESN’T HAVE ANY WINS…

    Give me a call if you want a WINNER.

    Love you ALL,

    Dan Mosss
    lowecommunityresourcepartners@live.com

  51. http://www.legislature.mi.gov/documents/2009-2010/publicact/pdf/2009-PA-0029.pdf

    was a bill. Never was signed as a law. Just a bill.

  52. MICHIGAN COURT OF APPEALS RULES MERS HAS NO RIGHT TO FORECLOSE

    I came across this ruling posted on the Mortgage Fraud Website. Thanks to Steve Dilbert for being on the ball.

    here

    http://www.mfi-miami.com/category/states/michigan-states/

  53. To all Michigan Home-Owners who would like to seek legal representation (not me) please contact me… I know of a few who may, be able to assist you… but first we should discuss my proactive procedure… I MUST TELL YOU THAT, MICHIGAN HAS NO CASE LAW FOR, WHAT WE ARE DOING (go ahead and call your local attorney and then the next town over and then the next town over and so on)… If for no other benefit, you will receive some up to date Michigan related information… (in lower-case… did i mention that my clients case is almost complete… shhhh) (ps please keep all that class action garbage to a minimum… that makes it hard for innovative business people to make a living and it lowers the amounts that you just may be able to have awarded to you by the JUDGE, by bringing LITIGATION)… pss the attorney/s that we refer you to, have many, many wins…

    nuff said :)

    email me @:
    lowecommunityresourcepartners@live.com

  54. Contact us and ask for Mr. Davis or Mr. Present
    1-800-789-1632 x1
    313-914-0600

    Helping clients in Michigan re-claim their deed by exercising their consumer rights!

    Do not procrastinate!

  55. Wake up Michigan!
    The rest of the country has!!!
    We have emailed our “sheriff” weekly on foreclosure details yet every week we see in CLINTON CO MI the foreclosures continue as usual.
    As much as we have tried to educate our sheriff he is denying all info sent
    MERS is struck down by high courts, Clinton Co Mi turns a blind eye and continues foreclosures that are illegal.
    We have done everything in our power to educate our sheriff but if you realize his methods of accounting for themselves you will see their corruption.

    If you speak to Wayne kangus he will tell you that he has his deputy Knight Handles the foreclosure sales.
    They are both required by law TO PROVE FORECLOSURE IS LEGAL.
    oUR ATTNY GENERAL SAID THEY MUST EVIDENCE THIS fact
    KANGAS PASSES THE BALL TO KNIGHT WHO PASSES THE BALL TO RACHEL A “SHERIFF WHO TOLD US SHE VERIFIES NOTHING!!!!!

    WE HAVE A LOAN THAT WAS NOTARIZED BY SOMEONE WHO WAS NEVER A NOTARY IN MI. CONFIRMED BY THE GREAT SEAL OF MI AN D NO ONE IN CLINTON CO MI CARES
    Not only that but I can publicize how the ST of MI doesn’t care if the NOTORY WAS LEGAL— THIS IS HILARIOUS DOCUMENTARY ON THE STATE OF MI AND THEIR DENIAL OF TRUTH
    We all KNOW what a JOKE THE JUDGES ARE IN CLINTON CO
    AND NOW YOU KNOW WHAT A JOKE
    THE SHERIFFS OFFICE IS culpable for the illegal sale of your home!!!

    S

  56. Just an update on my case. Had my deposition Friday of last week and it lasted more than 6 hrs. Wow, that was incredible. I asked our court reporter how she can stand doing this everyday and she told me ” you’re the record holder for the longest deposition I have ever worked on”. Usually it only lasts 2 hrs the most. I guess we have to be thankfull that we have made it this far. God willing, it will be “all” the way.

  57. We are looking for an attorney in West Michigan who gets it. We suspect that Wells Fargo acted illegally in demanding money to be considered for a loan modification. We didn’t pay it and they foreclosed three days later.
    Can’t be right, huh?
    We have until February to redeem the house. Help!

  58. Hello sales ,
    i will like to make an inquiry in you store ,kindly get back to me with the payment mode?

    Regard

    Kelly

  59. MF from MICHIGAN

    My mother has been battling for her home (of 40 yrs) for over 3 yrs, and has been to Eastern MI Federal Court 2 times. She had a lawyer who helped get her this far but unfortunately he took his own life a few months ago.
    The latest decision (last Monday – Eastern MI Federal Court) was not in her favor. She has to get a new lawyer fast and get something filed, she left a voicemail for Justin but hasn’t talked to him yet.
    We are very interested to know how your case is progressing, maybe we can compare notes.
    Please contact us at rockobabyo@yahoo.com

  60. for More Info call 313 656-9454

    Defendant yolanda Diaz, Terri D. Sims hilson, luara Dyament, sterling harrison, Marshuan Brook, Ralph Leggat fraudulently represented that they were duly

    authorized to act as a “Deputy Sheriff” for the purposes of conducting a sheriff sale on the

    Plaintiffs property on or about May 2009. When Ralph Leggat conducted the sheriff’s sale, he

    and others in concert with him knew that it was not a valid sheriff’s sale due to the fact that he
    was deputized by Undersheriff Daniel Pfannes and not Sheriff Warren Evans. Ralph Leggat
    fraudulently signed his name in the capacity of “Deputy Sheriff” in and for Wayne County. He
    was not deputized as a deputy sheriff by Wayne County Sheriff Warren Evans, in compliance
    with MCLA 51.70. Said violation is prima facie evidence that the defendant is also in violation
    of MCL 600.3216.

    lol got u devils

    What these people refer to as The Law is NOT The Law at all, but man-made unLawful legislation. The ONLY Law that is Lawful is God’ Law and God’s Law is The Law and no other is The Law:-
    Deuteronomy 4:2, King of kings’ s Bible Ye shall not ADD unto the word which I command you, neither shall ye diminish [ought] from it, that ye may keep the Commandments of the “I AM” your God which I COMMAND you.

    “Woe to you experts in the law, because you have taken away the key to knowledge. You yourselves have not entered, and you have hindered those who were entering.”
    New Living Translation (©2007)
    “What sorrow awaits you experts in religious law! For you remove the key to knowledge from the people. You don’t enter the Kingdom yourselves, and you prevent others from entering.”

    English Standard Version (©2001)
    Woe to you lawyers! For you have taken away the key of knowledge. You did not enter yourselves, and you hindered those who were entering.”

    New American Standard Bible (©1995)
    “Woe to you lawyers! For you have taken away the key of knowledge; you yourselves did not enter, and you hindered those who were entering.”

    International Standard Version (©2008)
    How terrible it will be for you experts in the law! You have taken away the key to knowledge. You didn’t go in yourselves, and you kept out those who were trying to go in.”

    GOD’S WORD® Translation (©1995)
    “How horrible it will be for you experts in Moses’ Teachings! You have taken away the key that unlocks knowledge. You haven’t gained entrance into [knowledge] yourselves, and you’ve kept out those who wanted to enter.”

    King James Bible
    Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.

    American King James Version
    Woe to you, lawyers! for you have taken away the key of knowledge: you entered not in yourselves, and them that were entering in you hindered.

    American Standard Version
    Woe unto you lawyers! for ye took away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.

    Bible in Basic English
    A curse is on you, teachers of the law! for you have taken away the key of knowledge: you did not go in yourselves, and you got in the way of those who were going in.

    Douay-Rheims Bible
    Woe to you lawyers, for you have taken away the key of knowledge: you yourselves have not entered in, and those that were entering in, you have hindered.

  61. MERS and/ or BAC can only assert that they hold legal title to the Mortgage (as nominee

    under the Security Instrument), but cannot proclaim to be the owner of the indebtedness which is

    secured by the Security Instrument, during the time of sale on 0000000000, which in

    violation of MCL 600.3204 et. al. Additionally, MERS failed to fulfill the requirements under

    3204 (1) thru subsection (4), which allow a party to foreclose a mortgage by advertisement if all

    of the following circumstances exist:

    (a) A default in a condition of the mortgage has occurred, by which the power to sell

    became operative.

    • There was no default in a condition of the mortgage, due MERS lack of
    financial loss with regards to the conditions thereof as mortgagee under the
    security instrument.

    • There was no enforceable lien present, in which by its existence, enables power
    of sale to the owner of the debt.

    • Under UCC §9-601(a), a secured party’s right to enforce its security interest in
    collateral under Article 9 only arises “after default.” Article 9 does not define
    “default,” instead leaving to the parties’ agreement. But, Plaintiff’s Mortgage
    agreement would suggest performance by both parties entwined in the
    agreement. Therefore, due to immobilization of the lien, immediately after
    closing, said actors could not have perform under the Mortgage in good faith.
    Default is impossible under the realty of the transaction.

    • The lack of mutuality of the agreement. MERS and the lender FAILED
    TO SIGN THE AGREEMENT (just as Plaintiffs allegedly did), WHICH
    SUGGEST A ONE SIDED CONDITION IN ORDER FOR PLAINTIFFS TO
    RECEIVE SAID PROPERTY. ADDITIONALLY, BECAUSE “MEETING OF
    THE MINDS” IS INFACT “MEETING THE MINDS”, THERE IS NO WAY
    THAT ELEMENT COULD HAVE BEEN FULFILLED BY THE DEFENDANTS,
    BECAUSE THEY ARE A CORPORATION WHO CAN NOT BREATHE, SEE,
    HEAR, WALK, OR WRITE. In Michigan, the essential [*3] elements of a valid
    contract are (1) parties competent to contract, (2) a proper subject matter, (3) a legal
    consideration, (4) mutuality of agreement, and (5) mutuality of obligation.”Thomas
    v Leja, 187 Mich. App. 418, 422; 468 N.W.2d 58 (1991). Mutuality of agreement,
    commonly referred to as “a meeting of the minds,” requires a meeting of the minds
    on all the material facts in order to form a valid agreement. Kamalnath v Mercy
    Memorial Hosp Corp, 194 Mich. App. 543, 548- 549; 487 N.W.2d 499 (1992).
    Whether there is mutuality of agreement or “a meeting of the minds” is reviewed by
    an objective standard, viewing the expressed words of each party and their visible
    acts, rather than their subjective states of mind. Kamalnath, supra at 548. The time
    to incorporate desired terms and conditions into the settlement agreement is at the
    time that it is placed onto the record. Mikonczyk, supra at 350. Specific
    performance of a contract is an equitable remedy. Rowry v University of Michigan,
    441 Mich. 1, 9; 490 N.W.2d 305 (1992)

    (b) An action or proceeding has not been instituted, at law, to recover the debt secured by the mortgage or any part of the mortgage; or, if an action or proceeding has been instituted, the action or proceeding has been discontinued; or an execution on a judgment rendered in an action or proceeding has been returned unsatisfied, in whole or in part.

    (c) The mortgage containing the power of sale has been properly recorded.

    • A mortgage existence evidences a Lien, whereby Power of sale becomes operative
    upon default. Since Universal and MERS conspired to immobilize the lien
    (keeping in mind of the reported case of Mortgage Electronic Systems, Inc. v.
    Nebraska Department of Banking and Finance, supra where MERS explains what
    it does), Power of Sale was not available to the servicer or MERS.

    (d) The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgage.

    • “Mortgage holder”, under this rule means: the owner of the INDEBTEDNESS or of
    an interest in the INDEBTEDNESS that is secured by the MORTGAGE. MERS
    was not referenced in the note, therefore cannot be the owner of the
    INDEBTEDNESS or have a valid interest in the INDEBTEDNESS that is secured
    by the MORTGAGE OR SECURITY INSTRUMENT.

    • MERS claims only to Hold Legal Title to the interests’ allegedly granted by the
    borrower in the Security Instrument, and not in the indebtedness. Additionally,
    since MERs had no rights to the Indebtedness, which was secured by the
    Mortgage OR Security Instrument, they could not have proceeded with
    foreclosure procedures in good faith.

    (2) If a mortgage is given to secure the payment of money by installments, each of the
    installments mentioned in the mortgage after the first shall be treated as a separate and
    independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the installment had been made upon an independent prior mortgage.

    (3) If the party foreclosing a mortgage by advertisement (via power of sale) is not the original mortgagee (who originally was the lender, but later assigned its rights as mortgagee to MERS under the security agreement), a record chain of title shall exist prior to the date of sale under section 3216 evidencing the assignment of the mortgage to the party foreclosing the mortgage (the Servicer) .

    • Defendant MERS will admits that they only hold “legal Title” (therefore is in
    admittance that MERS, who executed power of sale, was not owner of the
    indebtedness or of an interest in the indebtedness secured by the mortgage.)

    • No assignment was done to the , prior to sale of the mortgage.
    Additionally, defendants MERS (who executed power of sale, as referenced in
    the sheriff’s deed and not the servicer) did not fulfill the requirements of MCL
    600. 3204(3), which they were obligated to do see MCL 600.3204 et. Al “To the
    extent possible, each provision of a statute should be given effect, and each
    should be read to harmonize with all others.” Michigan Basic Property Ins Ass’n
    v Ware, 230 Mich App 44, 49; 583 NW2d 240 (1998). We do not read subsection
    (3) as allowing a successor mortgagee to disregard the requirements of subsection
    (1) for foreclosing by advertisement simply because he or she expects to have
    achieved a perfect chain of title by the time of sale. Subsection (1)(d) plainly
    requires that a party own the indebtedness or an interest in the indebtedness
    before undertaking to foreclose a mortgage by advertisement. Accordingly,
    defendant was not eligible to commence the foreclosure when it did so because it
    did not own the indebtedness. MCL 600. 3204(1)(d).

    (4) A party shall not commence proceedings under this chapter to foreclose a mortgage of
    property described in section 3205a(1) if 1 or more of the following apply: ************

    (5) Subsection (4) applies only to proceedings under this chapter in which the first notice
    under section 3208 is published after the effective date of the amendatory act that added
    this subsection and before 2 years after the effective date of the amendatory act that added
    this subsection.

    MERS is a shell entity, which means MERS never holds these notes (again citing from

    the reported case of Mortgage Electronic Systems, Inc. v. Nebraska Department of Banking and

    Finance, supra where MERS explains what it does), and means that Defendant MERS can’t

    legitimately claim it has lost notes or that they were ever in possession or financial interest. Also,

    the Defendant MERS can’t legitimately file affidavits of lost notes or execute power of sale

    under the security instrument; and therefore, numerous courts have held it lacks standing to bring

    a foreclosure action when it can’t produce the original note or show that it holds it. In Mortgage

    Electronic Registration System, Inc. v. Southwest Homes of Arkansas (Ark. Sup.Ct. slip opinion

    March 23, 2009), where the Supreme Court of Arkansas held that MERS, which claimed to be

    both a nominee and beneficiary, had no interest in the Deed of Trust in question, was not a

    beneficiary despite language in the Deed of Trust stating it was, did not possess any rights as a

    lender, did not hold any legal title, and was therefore not entitled to be a party to a foreclosure

    action where the lender, its principal, was a party. MERS members decided it was too costly to

    pay recordation fees on loans that might be flipped numerous times, so according to MERS,

    MERS was chosen as nominee for the lender and its assigns in these deeds of trust or mortgages,

    for the purpose of “immobilizing the mortgage lien” while transfers of the promissory notes and

    servicing rights could continue to occur without the expense of recordation” (MERS’ own

    explanation of what it does, from the reported case, Mortgage Electronic Systems, Inc. v.

    Nebraska Department of Banking and Finance, 704 N.W. 2d. 884, 786 (2005). This

    immobilization of the mortgage lien now makes it terribly difficult for a borrower to track the

    holder of his note because deeds of trust are no longer assigned; and therefore, new holders of

    the notes do not record assignments of the deeds of trust when they purchase mortgages.

    Every mortgage of real estate, which contains a power of sale, upon default being made

    in any condition of such mortgage, may be foreclosed by advertisement, in the cases and in the

    manner specified in this chapter. [MCL 600.3204; MSA 27a.3204 (emphasis added).] The statute

    clearly presupposes the existence of a lien on the property because, by its very definition, a

    mortgage is a lien on real estate securing payment for performance of an obligation. McKeighan

    v Citizens Commercial & Savings Bank of Flint, 302 Mich 666, 670; 5 NW2d 524 (1942); Foote

    v City of Pontiac, 161 Mich App 60, 65; 409 NW2d 756 (1987). But, when MERS “immobilized

    the mortgage lien” (by their own assertions), Power of sale could not be available to MERS, who

    is referenced in the sheriffs deed with authority to do so. Due to case law and admission by

    MERS, Plaintiffs alleges that the mezzanine lender, Universal, who nominated MERS as

    “Nominee” and “Mortgagee”, proceeding under UCC Article 9 in bad faith. Additionally,

    MERS does not have an interest in the indebtedness. Therefore, Plaintiff is able to bring a claim

    under UCC §9-625 (in addition to any breach of contract claims and lender liability claims, each

    of which are outside the scope of this article) to enforce the provisions of UCC §1-203.

    In Michigan Law, a mortgage which has been severed from the corresponding Note does

    not entitle the Mortgage Holder to collect on the indebtedness or to take possession of the real

    property. The Michigan supreme court has held: In natural justice and equity, the principle right

    of the mortgage is the money when due and his right to the land is only as security for the

    payment of the money, the debt being merely collaterally secured by the mortgage on real estate

    Dougherty V. Randall, 3 Mich. 587, 587 (1855). Also see: Ginsberg V. Capital City Wrecking

    Co., Michigan 712, 717, 2N.W.2d 892(1942), Ladue v. Detroit & Milwaukee Railroad Co., 13

    Mich. 380 (1865). MERS is claiming only to hold Legal title in the Security Instrument, and not

    both the Indebtedness and legal title. Legal title secures the indebtedness. Therefore, one cannot

    exist without the other. Dougherty V. Randall, 3 Mich. 587, 587 (1855). Also see: Ginsberg V.

    Capital City Wrecking Co., Michigan 712, 717, 2N.W.2d 892(1942). Plaintiffs amended

    complaint, which was filed on July_____2010 , clarifies the issues. Therefore Summary

    Judgment should be denied.

  62. People please wake up!

    An a turn on me (attorney) only works for the off shore corporations of the federal reserve banking system.

    To successfully defend against the banksters, one has to make them prove they still hold the note.
    When you sign a promissory note, you just created the
    funds that the banksters lend you. All they are doing is lending you your own credit, which is a fraud.
    They in turn sell this note (95% of the time, AIG being the exception, as they hold all notes in house) and lend you back the proceeds. Thats why they make you wait for 3 days before they fund it! They take this time to sell the note (monetize) and then in turn lend you back what you just created with your signature….
    This is nothing more than an even exchange, just like walking into the bank with a ten dollar bill and asking for ten ones for change. An even exchange. Make them prove that you owe them anything by demanding a true copy of their ledgers. They credit their own net worth account when you sign a note, just like they would when you make a deposit into a checking account or a debit account. This is a fraud on its surface and out right deplorable.
    If you send out letters to the banksters demanding that they produce the original wet ink signature prommisory note for your inspection, they will railroad and stall. Send out two of these demands with a stipulation that you will resume making payments when they can verify the debt, which in most cases they cannot and then file a suit in the county court where the property is located and demand a release of lien and summary judgement for the note.

    Sounds easy right?

    God bless

    Jim

  63. MF
    Wow, I can’t believe they pulled that on you after paying on time. ( well, I can )
    That is how it started with me. Saxon Mort. wouldn’t lower my interest rate of almost 9%. I have asked them for 3 years to lower it—seemed everyone else was at 3-4-5%. But they wouldn’t lower it because they were just servicing the loan and didn’t have the power to, which is a lie. They said I wasn’t behind so they couldn’t do loan mod.
    But I am glad I haven’t done a loan mod. because then I would be stuck with them and they could foreclose. As it stands, if state law was followed, they could not foreclose because they are not registered with my county. After reading all the info. on this site and others I got my original Mortgage out, and the NOTE and have found a half dozen TILA violations. My loan was predatory, I didn’t qualify by their own guidelines, I am paying a higher interest rate than my NOTE states, the notary who signed was NEVER a notary, no witnesses signed, many others.
    The way I understand TILA from this site, with so much fraud committed I could be entitled to 3x the value of my loan amount plus thousands more for various violations plus keep my home of 30 years.
    This was a small dumpy home that I have spent thousands on over the years putting 4 additions on it and many other improvements, I have to fight now to keep it.
    They want to do a loan mod. now but I want to prove they have no right to my home. They don’t even know what bank transferred my loan to them!
    I did not get my mortgage from SAXON, my mortgage is with First Franklin—Saxon has no standing.
    But if Saxon wants to claim any ownership then they can go ahead and pay these treble damages under TILA.
    Maybe they will think twice about going through with this!
    Besides the PROSPECTUS for the pooling agreement/trust says Saxon is the servicer and CARRIES THE LIABILITY.

    Have you discussed with Justin that a loan mod., by definition, with anyone other than your mortgage co. is FRAUD!!?? THEREBY VOIDABLE?
    Thereby allowing you to discharge/set aside the debt. collector servicing agent who deceived you into a loan mod. with them. If no money changes hands, then how did your mortgage co. get paid off?
    I actually spoke with my BK lawyer from 7 years ago who totally understood that because my “servicer” states it is a debt collector, that they are DISCHARGABLE in BK court.

    He actually was impressed by what I told him and wanted to meet to find out more–probably because his mortgage billing statements say “we are a DEBT COLLECTOR” too?

    C’mon MI!!! WAKE UP!!!
    TOP 5 IN FORECLOSURES!
    The state is going to hell!
    The crooks all got paid –sometimes 30 times over!!
    We need lawyers with scruples.
    We need lawyers who aren’t afraid to step on other attorney’s toes.
    The problem is they all go to the same parties and functions and never want to confront their opponents, they are an enormous click that all works together, and they all want to be stupid together never standing out or speaking out. Maybe some will find out the millions to be made on these TILA violations but most don’t want to learn a dam thing after law school because they are losers.
    SAD!!! Truly a disgusting profession.
    If they tell you you don’t have a case it’s because they are too stupid to make a case for you—they are LAZY and don’t care if they excel in their profession .
    They are worse than all the hairstylists I know.
    Hope they all get foreclosed upon because no one will hire them because they are so stupid that they get no cases because they are too stupid to make cases!
    Welcome to MICHIGAN!!!
    So, I would like to see Justin’s case for you!
    haddastan2@yahoo.com
    THANK YOU! FM!

  64. Ginger: Please send me your email address and I will send you the file.
    Yes, you are right. It is hard to find a lawyer that “gets it”, here in MI. I don’t even know if there’s one listed on the “livinglies” website. It took me the whole part of ’08 looking for a lawyer receptive enough to hear what I want to say and to learn “with” me. Thank GOD that I found one. I have emailed, called and met with a lot of lawyers here in MI and it is very frustrating because they either don’t want to listen to what you have to say, or they think you don’t have a case. Come to think of it I feel that we are behind by atleast 2-3 years here in MI and it is a very new concept to have ” foreclosure defense”.
    I have been studying and doing research on my case for atleast 3 years now. Ever since, I was adviced by my servicer to miss payments, since they “couldn’t help me, if I wasn’t late”, Oct ’07, through begging, negotiation for a loan modification summer ’08, through “trial loan modification” last quarter of ’08. After paying “on time” for 3 mos, they told us that we failed our loan modification, even though we have the paper stating that we were approved. They also notified us that our foreclosure sale is scheduled for Jan 5′ 09. To make matters worst they told us all of these Dec. 24, ’09. That made for one awful x’mas holiday, knowing that your home is being sold. The timing could haven’t been worst either, most if not all law offices are closed and everyone that I have talked to (servicer) was mean and they chastisized you. We have begged, we have endured humiliation just to save our home, to no avail. My marriage and my family suffered. That was the time I realized that I needed to “fight for our home”.
    Jan 4 ’08 we filed for BK to stop the foreclosure and March ’09 met with Mr Dailey and Mr Grove ( Dailey law firm) and found the lawyers that were willing to listen to us. It took us almost another year of research and revisions until we finally filed our complaint. Dec ’09. It took them (MERS, USBANK, ASC) until March to answer our complaint and move it to Eastern MI Fed Ct. ( which I have predicted, they always do) and tomorrow we’ll have our scheduling conference.
    I have read most of the foreclosure complaints filed or removed to Eastern MI Fed Cts and some of the filings on the Western division too and here’s what I have found. There’s a lot of Pro se litigants out there. Probably due to the fact that there’s no lawyer that knows how to defend foreclosures here in MI. I’ve waited to be sure that our lawyer, Mr Grove, learn, trust me, and “gets it” before I even decided to put his name out there. Finding a lawyer is the second step. I want to help my fellow Michiganders, fight for their homes. We have decided to make my case a test case here in MI. To open doors and awareness to our plight. I know that most of us have the same experiences and are in the same boat.
    Oh by the way, the first part of the equation is for us to learn and study our own cases. To be able to explain it and to know the ins and outs of it and to not just rely on our lawyers to figure it out for us.
    I have read all the articles, laws, forums, websites, books and blogs that I could find. That’s how I’ve learned and dealt with this crisis. I feel empowered now, for knowledge is power. I don’t have sleepless nights any more and that saved my sanity and marriage. If I can do it, so as all of you.
    The funny thing here in MI that I found out too is, there’s only a few law firms that handles foreclosure and what they deemed as foreclosure defense. The law firms that represents MERS, banks and servicers are the same as the one representing homeowners.
    I mean they would have a law firm with two departments, one for MERS, the banks and servicers and one for homeowners. Guess who “always” win? Of course the banks. And we wonder how come there’s no cases here in MI where there’s a homeowner that actually wins. There’s no incentive for those lawyers to do the research since they don’t care if they lose. Right?
    Well here’s my testament. Again thank you to Mr Garfield, Mr Kaiser, all the associates and bloggers in this forum. I have been reading this forum since mid ’08 I believe and it has helped me a lot. Hope that it does the same to all of you out there.

  65. MF
    I couldn’t look your case up —could you give me more details of your case?
    Did call Justin–he seems pretty smart, it’s so hard to find lawyers who understand all these issues, but he does.

  66. For my fellow Michiganders try to contact my lawyer if you needed help. Dailey Law Firm, Justin Grove (248) 744-5005, no promises, but together we have filed my complaint check it out, Famatigan v. MERS et al Eastern MI Federal Court. Our scheduling conference is in June which means that the defendants Have NOT been able to file any summary judgement against us (though we haven’t used the securitization yet, trying to save that for the trial itself). I have checked filings in eastern MI Fed court ’08 to ’10 and I think ours will only be the third one to make it to the scheduling conference with the judge. Thanks to “livinglies” for all the information that they have been giving us. It has truly made a difference.

  67. I had an original mortgage with First Franklin Financial After a year or so of paying them I was informed to make my payments to Saxon Mortgage Services who states on each bill they are a debt collector . What legitimate mortgage co. states that on a bill. statement.. I missed the Dec, payment and Jan of 2010 but they accepted FEB payment of $100. and a paymentof $50.00 .Now they are threatening foreclosure thru Trott&trott
    Is this so PHONY

    Any good MI attnys or what Nicoletti is only accepting only Wayne Co complaints please help Clinton Co has no good exposure need an attny in clinton co MI ,

  68. I want to get a class action suit against Bank of America started in Michigan. They are doing them all over the country because of the illegal process that Bank of America is doing in order to foreclose on homes and sell them out in short sales. Mine is up for sale on April 8th, 2010. I was given a promise of a new loan, did appraisel, fixed all items needed for FHA, was told to go have a “Marguirita” by the person who was handling the loan, everything was fine. The next thing I know is that I get a foreclosure notice in mail and after calling and requesting a meeting within 14 days of the notice. I wake up to a newspaper article that states my house will be sold in a short sale on April 8th, 2010. If anyone is with me and has a similiar experience, I would like to hear from you. Really would like to get a class action suit, Someone needs to hold them accountable for what they are doing all over the country. Thanks, Robin Roberts

  69. NEED HELP of an Attorney in Michigan to file an appeal
    to my eviction, my case is assignment fraud by MERS and USBC Bank

  70. jerry goldberg 313 739 0870

  71. Moratorium, no attorney links, like the cause but the substance is visual at best.

    I do however thank you for the reply! ;-)

  72. here’s an attorney in Michigan that gets it.
    Jerry Goldberg of Moratorium NOW

    x_http://www.youtube.com/watch?v=iEQ1LSNhkO8

  73. Looks like a slam dunk, the note or mortgage hasn’t been changed sine 03, BAC is foreclosing with FNM as the note holder however nothing has been recorded at the county making this whole foreclosure a fraud…

    Any attys want to bite now? LOL

    Silence. No Atty here wants to go against the banksters and the Judges are in the Banksters pockets. Welcome to America.

    Sec. 3204. (1) Subject to subsection (4), a party may foreclose a mortgage by advertisement if all of the following circumstances exist:

    (a) A default in a condition of the mortgage has occurred, by which the power to sell became operative.

    (b) An action or proceeding has not been instituted, at law, to recover the debt secured by the mortgage or any part of the mortgage; or, if an action or proceeding has been instituted, the action or proceeding has been discontinued; or an execution on a judgment rendered in an action or proceeding has been returned unsatisfied, in whole or in part.

    (c) The mortgage containing the power of sale has been properly recorded.

    (d) The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgage.

    2
    (3) If the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title shall
    exist prior to the date of sale under section 3216 evidencing the assignment of the mortgage to the party foreclosing the
    mortgage.

  74. I an looking for an lawyer that can help me with a case in Michigan against 5th/3rd bank in a lender liability case. They will not renew my note on a commercial loan

  75. I need a recommendation for Michigan attorney, too.

    legofan4@gmail.com

  76. Who has a number for a good attorney in Michigan that deals with this stuff everyday? I have a home that foreclosed there and my 2nd mortgage was sold to SLS after the foreclosure. I need someone to talk to that knows what they are talking about before I make any further decisions.

  77. DEFECTIVE AUTHORITY OF SHERIFF TO FORECLOSE

    I have no personal knowledge about this law firm…this post is provided for informational purpose only

    But ya gotta admit its good news

    from http://www.nicoletti-associates.com/press_room.html

    The law firm Paul Nicoletti & Assoc. has recently won 3
    cases based on defective appoinment of the sheriff, and has initiated a class action

    In short, the plaintiff was able to demonstrate both 1) a defective appointment of the Special Deputy Sheriff that conducted the foreclosure sale; and 2) the empowerment of the court to overturn the actual mortgage default under 11 USC §1322(c)(1).

    Plaintiff attorney, Paul Nicoletti, “This case was a longtime in the making and it now represents far-reaching consumer issues of great import. This decision could affect thousands of such foreclosure cases in southeastern Michigan alone. And further, we have yet to address the situation of a subsequent purchaser that is actually occupying one of these properties acquired under a flawed foreclosure sale and title transfer. This decision means that a Bankrupt Debtor can now cure a mortgage arrearage even after a Sheriff’s Sale and after State Court Summary Proceedings have been completed.”

    If you, or a client, are presently involved in or contemplating a foreclosure and/or bankruptcy Nicoletti & Associates, PLLC, provides No Nonsense – No Obligation answers to individual consumer litigation and class action participations.

    Case Chronicle Complete Time Line Available at: pressroom.htm

    • August 2005, Antonio Attard & Josephine Attard obtain a loan from Option One Mortgage Corporation – assigned to Wells Fargo Bank, N.A in October 2007,

    • Wayne County Special Deputy Sheriff, Adrienne Sanders conducts a Sheriff’s Sale of the mortgaged property (November 28, 2007). Wells Fargo Bank, N.A is the successful bidder.

    • June 2008, Wells Fargo Bank, N.A., (Potestivo & Associates, P.C. counsel), files Landlord-Tenant Proceeding and
    • Antonio Attard files a Chapter 13 Bankruptcy on July 20, 2008.

    • Landlord-Tenant Proceeding 16th District Court (Livonia, MI), was closed via an Order for Administrative Stay.

    • September 2008, Antonio Attard files Adversary Complaint /United States Bankruptcy Court,Case No. 2008-05064-tjt.

    • Landlord-Tenant Proceeding, 16th District Court (Livonia, MI), was dismissed for “no progress”. November 2008

    • Judgment entered in favor of Plaintiff in the Adversary Complaint /United States Bankruptcy Court, Case No. 2008-05064-tjt on 6 August 2009 – …the mortgage will be deemed fully reinstated and all defaults thereunder deemed cured, and that the ownership of the Property is then restored to Plaintiff.

    NICOLETTI & ASSOCIATES, PLLC PRESS ROOM:
    http://www.nicoletti-associates.com/pressroom
    View/download copies of the Complaints, Judgments, Decisions, etc.
    The applicable statues – Including 11 USC §1322(c)(1)
    Case Law for Interested Parties:

    =============

  78. phillip v.b……….
    Sec. 3204 part (2). “If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage after the first shall be treated as a separate and independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the installment had been made upon an independent prior mortgage.”

    What I am wondering is, if EACH installment is a SEPERATE AND INDEPENDENT MORTGAGE, then a default of 1 installment would equal 1 installment worth of damages. So how is it the pretender is awarded the entire property??? Perhaps the verbage which follows that line explains it, but it reads nonsensical to me.

    As I read that crummy bill it appears that it was written by a child of some MERS official.

    If you are an atty please contact me at sendsteve.s@gmail.com…”livinglies” in subject line…thanks

  79. Has anyone taken a closer look at Michigan House Bill 4453 with respect to an angle by which to litigate the note/mortgage separation? I have a client ready to proceed on this theory.

  80. Michigan new foreclosure laws go into effect 7/5/09. Sec 3204 part D reads “The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgages”. Another nugget from the same section reads ” If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage after the first shall be treated as a separate and independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the
    installment had been made upon an independent prior mortgage.” I am not sure what this means. I know I dont like it

    http://www.legislature.mi.gov/documents/2009-2010/publicact/pdf/2009-PA-0029.pdf

  81. john where is this information please contact me at cgracegargan@wideopenwest.com Thanks

  82. John, where can I find the link for this one? THX

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