Now people are getting it that these blank notes and invalid assignment. the Nation been ignorant to the rule of law and the is did you the party foreclosing purchase the debt. If a Note is signed and endorsed in blank as every FHA and VA loan is done when placing it in the Ginnie Mae and that Note is physically removed and placed in the hand of another, then that Note is no longer a Note if the debt is not purchase as this process separates forever that Note and debt!
Consumer Rights Defenders can help you pro se homeowners with the litigation work that you will need from A-Z, starting with your complaint and then work through discovery which is the most important part of your case. You should consider having counsel for depositions, court appearances and settlement conferences and in the unlikely event you need a trial. Most cases settle. Affordable help for everyone. State and Federal courts.
818.453.3585 M-F 9-4 PST, ask for Steve or Sara. Drop an email to us if you like to CR.Defenders@yahoo.com.
Would like to file motion of discovery on social services due to false allegation on me that have been unfounded! I think social services are harassing me for no reson when I am not doing anything wrong
If you need help with your crisis, please know we are here to help. Attorneys, paraprofessionals and experts witnesses are here for you. The core of your need is to attack the heart of the loans from formation through implementation of the NOD, which was probably full of errors and not signed by anyone who personally knew about your account. Give us a call at 818.453.3585 and if we are out leave us a message.
Consumer Rights Defenders
I would like to file my own defense, my past lawyers had charged me $500.00 per month since 2008 and a retention fee of $3500. I lost my business in 2007 and returned to school to change my career objectives and found in March of 2011, I stopped paying the attorney, I found it crazy to continue to pay $500,00 per month whilst the house needed repairs and maintenance. Our home was damaged in Hurricane Wilma and again by Katrina. I was unable to recover enough from Citizens Insurance for lost property and property damage and have been repairing the home ever since out of pocket. My roof still leaks causing mold to the kitchen and my childs’ bedroom, but the repairs are eating away at the little saving I do have left and I feel I am throwing good money after bad since I don’t know if I will loose my house. My initial loan with Crevecor Mortgage Inc started at 7.75%. My loan was then sold to HSBC Mortgage Services and and raised to 10.30% then 11.00%. I do not know if my loan will ever be modified but I would like to hear what can be done. My property is now -$150,000 under water and I owe for real estate taxes and forced insurance. I am now out of school and back in the job market but my attorney will not release my file to me so I do not know how far they went or what they had found in discovery, I do know that the plaintiffs could not produce a representative or an original doc that was requested for the lawyer and Judge meeting and it was postponed numerous times but never came to pass. Basically, I would like to study the docs they have for discovery and respond by filing my own motions etc., can I file a motion for discovery as I do not know the outcome of the previous one as it was discontinued and what docs should I pay particular attention to requesting apart from the note. firstname.lastname@example.org
MA-RI-CT HOMEOWNERS! FIND OUT ABOUT GEORGE BABCOCK RECLAIMING AMERICA ONE YARD AT A TIME. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-724-1904 FOR A FREE CONSULTATION.OVER 500 CASES WITH EVERYONE IN THEIR HOME.
Does any one know Neil’s website address as I am looking into hiring an attorney and wld like to know what questions to ask them. I am in foreclosure on 3 properties and wld love to get a referral to an attorney that “gets it” in the Eastern District of California. 2 residential and 1 commercial property. I have applied for loan mods on all three and used a professional to help me. Noe the lender, Ocwen, is claiming that the declined my app because I missed some docs they needed and we sent many times and now tell me I can never apply again for the Making Home Affordable HAMP program and am forced into an internal loan mod which we all know what that means…a better work our for the bank
Need help in eastern NC. MERS loan assigned apparently to GMAC, ALLY, and now to RFS which looks like JPMorgan slice and dice deal. None of this was recorded.
2 Months ago asked foreclosure attys to produce the blue ink copy of our note and haven’t received it. Did get a bill for title insurance.
1. Should we go for Quiet Title?
2.Local Atty told us we are wasting our time as we don’t have money and the banks have plenty plus endless supply of good lawyers, and NC is a conservative state so judges are likely to side with banks. Is this true? Should we just turn in our key and give the $130k invested over to the bank? This home is well under water now, but it is/was our home and we don’t know what to do, where to go. We moved south to retire to a nice quiet life. Instead it is a nightmare of stress and the unknown of what will happen to us. We filed bankruptcy back in Dec 2007 because we hadn’t sold our northern home yet..took 3.5 years to sell. We never missed a mortgage payment on either home, but had run up some debts trying to keep all going and wife lost job right after the NC home purchase. WF Bank will not modify loan though we’ve sent in at least a dozen apps. They had us on 1/2 payments for 2 years while reviewing these applications, meanwhile their fees keep going up and they demand it all all foreclosure. In Sept they stopped taking 1/2 payments. We thought now we might qualify for another modifying program, they told us to apply again, but then denied us…and so it goes until they are ready (soon we think) to swoop in and steal our home.
Can anyone help us? Have good suggestions?
FIND OUT ABOUT GEORGE BABCOCK RECLAIMING AMERICA ONE YARD AT A TIME. MA.& RI & CT.IF YOUR HOME HAS BEEN FORECLOSED ON CALL US WE WILL MAKE IT RIGHT FOR YOU. WE CAN HELP YOU RIGHT AWAY! NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C. CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
Hello. We are looking for a law firm with an on-going class action against Bank of America for thwarting the modification process. I have a client (we’re in California) that has a NON-GOVERNMENT LOAN. Seems that all the current class actions represent Freddie and Fannie loans ONLY. So what about all the rest? Are they not entitled to workouts? Today, we came across an article issued by a Chicago law firm, Sulaiman & Associates, that states: “Among other obligations [because lenders took the public bailout money], servicers must evaluate non-Governmental loans for the program, forestall any foreclosure filings for home owners attempting to participate in the program, and MUST NOT offer forbearance agreements or require borrowers to waive legal rights.”
Notice — they are OBLIGATED to evaluate non-gov loans as well. Therefore, law firms should not be afraid to sue o behalf of non-govt mortgagors. Does anyone know of a firm handling a class action against B of A on behalf of non-govt loan holders? Take good care of yourselves, everyone. sk
If you are in Calif UD case, you MUST file your Notice of Removal to federal court timely. If you wait, you will get a remand and lost valuable time you may need.
Call Steve or Sara at 818.453.3585 for free consultation and assistance.
Kelly, are you still looking for a lawyer? If so, please let me know. There’s a few I’ve been speaking with who are up to speed on what’s going on.
We plan to file a lawsuit against US Bank as Trustee [yadayadayada]. We are in California. Does anyone have a sample complaint for foreclosure fraud and quiet title?
Please you had a quit title outline please send it to me ASAP I need to file that case today.
Question, I did a search on the escrow closing officer’s name, she comes up as being employed by the new Trustee (Wells Fargo) says she has a bunch of notes she is trying to sell. is that legal?
Need an attorney in California. New servicer sent Notice of Intent to Foreclose in 30 days we are NOT late on any payments. Requested accounting audit, but they responded with demand for erroneous funds not due. Please help!
Mary M. in California: shoot me an email: I’m interested in
talking about CA cases. email@example.com
Anyone else interested can also call.
Servicer also the Benefituary of my loan foreclosed on me without going through proper (legal) proceedures. They only advised me over the phone a week prior to the sale (no bids) due to the fact that I WOULD’NT SIGN AGREEMENT RELEASING THEM OF LIABILITY FOR ANYTHING THAT I DONT KNOW NOW, THAT I MAY FIND OUT ABOUT LATER. They have been collecting money from me and not applying it to anything but misc. fees and escrow charges. The taxes have not been paid since 2006. I have fraudulant, forged docs they sent me claiming I signed. One of the docs is a New York Disclosure with the word Balloon Payment stamped over the word New York. (Im in California not New York.) They changed my loan (without my consent) to a 40 year loan due in 30 years. They were previously court ordered to correct all loans by the Commissioner California because, I complained to the Regulator, The Department of Corporations. They contradict themselves in everything they put on paper and they spew out their mouths. Maybe thats why I have them recorded conversation where they are fuming out the mouth that “I CAN NOT RECORD THE PHONE CONVERSATIONS I HAVE WITH THEM”
Have you ever seen a “year todate figure” go up the down two days later then back up again?
My question is this I was able to record a “Notorized” “Request for Notice of Default or Notice of Trustee Sale” but yet they were able to record the The Deed going to the Trustee anyways without answering my “Request”. The paper they filed was stamped with “ACCOMODATION ONLY ” ? Not only that but, I have every reciept, paper they have ever givin me in regards to my loan. I have sent QWR ,a Notorized Notice of Rescission basis of Fraud (prior to the 3 yr statute) I have so much evidence against them that it is over whelming. My husband and I (now ex as of a yr ago, due to this mess) have had our home since putting a $23,000. down payment back in 2002. In 2006 we were refinanced by a New Lender with Loan origination fees whom just so happened to be the Benefactor and Originator. Whom has had Cease & Desist orders in all States and has gone Bankrupt ch. 11 BRUCE MARSHALL ROSE HOW DO U LIVE WITH U SELF? Thnx misaprils All Comments Welcome
WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK …………………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE
I need legal representation in the State of Maryland.
I have a problem in the State of Missouri I need legal help with. The appraisal I received on my home was doctored to remove any problem that would prevent me from getting a loan. The original appraisal, which I have, has been marked through with black marker by the appraisal company, and the one I received is the altered appraisal. My bank has stated I would never have received the loan if they would have seen the first appraisal. This involves 2 banks and 2 appraisals, possibly the attorney for the bank, the title company, and the person I purchased the home from. Prosecutor is reviewing for criminal actions against all for theft by fraud and deceit. Long story short, could not get into the home because of an occupant of the person I was purchasing it from, until 7 days after closing to find the home was more or less condemned by the county building department. The home had 87 pages of complaints against it that were never disclosed. I am out over $500K on a property that I never would have purchased, and was forced to totally redue. I need some help with someone who would be willing to take this on a contingency. I have ALL of the evidence and paperwork, just need a competent attorney.
we were hopeing to get adream for us and our kids did not know it was going to be a nightmare<applied for a complete manufactured home construction loan ,got approved,then the [manufacturer,construction lender,broker,settle agent] got us an appraisal with comps???? to get the ltv. we allredy owned the land free and clear,they called us and said it's a go we got the comps[manufactuer,construction lender,broker,settle agent].closed and started construction.was given a time frame and condition's met the 4 month time frame and all condition's ocupancey permit in hand [CAN'T]close with end lender they need time to get paper work together [manufactuer,construction lender,broker,settle agent] a month goes by we get paper work fill it out and send it back to end lender,end lender told us[ you got the loan all ineed is appraisal comps] another month goes by appraiser backed out. they ordered another appraisal[manufactuer,construction lender,broker, settle agent] that appraiser took another month and she backed out there were no comps to be found she went back as far as she could did not want paid said house should not be setting there did not want to be involved in a law suit????????? end lender backed out,he said unable to determin vaule. another month goes by they call[manufacturer,construction lender,broker,settle agent] we've got another lender???we are approved again???loan goes through [ALL] paper work in hand, one week goes by, we get a denial letter from lender???we call him ,and he said to just disregard the letter he is going to send more papper work ???two week's go by we get a call from him [i have tried everything i can to get you approved i am going to call the broker and see if they have any ideas on how we can do this]???another week goes by we finaly get a permitnet denial it is our credit????????they call again [manufactuer,construction lender, broker, settle agent] you are going tohave to fix your credit????????checked our credit,it is better now then when they approved us????????this has all tacken place after the 4 month agreement about 9 month's decieded to do a little home work found out that they [manufactuer,construction lender,settle agent] have to show us the appraisal that started the construction IT IS THE LAW asked for it got a BIG run around on who has it and who don't???????? first they[[manufactuer,construction lender,broker,settle agent] said, we will forward it to you, two or three day's go by ,no information on the perspected appraisal. we give a call again ,now the information was on there old computer system they did not have it????????now there going to contact the construction appraiser and get a copy from him??two or three more day's go by we call once again. now we were told that the[ origanal appraiser] that started the construction loan, his computer had crashed????????and that the [appraisal ]was 18 month's old. SO we still wanted to see it eveything leads back to the appaisal. we live in a very rural area and we[ know now ]you can't just pick up comps at the county market. some body did some thing they were not soposed to do. we are now two day's passed the payment and they all threatend us with forclosure we have noticedt a lot of inconsistancies on a lot of stuff. does this sound like a problem is there fraud????????????????????????? concerned ray and ronda davids
I am looking fo an attorney and case law referring to the lost note defense in the state of Maryland
I need an Attorney in the South Jersey Atlantic City, that Gets It. Any recommendations. Also I would love to second chair in my own defense.
I have been embroiled in a predatory loan case for a while now. Borrowers only spoke spanish, broker forged all of the loan application docs, they had good credit but got an “adjustable” rate loan at 11.3%, with a minimum rate of 7.75% – which means the rate will never go below that, and paid out $17k plus for broker fees. Dragged to federal court by the banks and then then bludgeoned us to death with motions to dismiss and an MSJ before discovery ever started! Judge held that equitable tolling shouldn’t apply because borrowers were “on notice” when they sought a loan mod in Jan 2008. Now we’re headed back to state court to argue rescission by fraud. I’ve been arguing that broker is original lender’s agent and therefore liable for the forgeries/fraud. Anyone out there with similar litigation let me know or feel free to contact me for research collaboration.
neil, where can i see the tro-osco method from your web. thanks zeny
Please some advice,I live in Calif. and I have done and audit and to my horror i have discovered that broker was employee of C/W and not licensed,appraiser well he lied just about everything.Then of course we have a long list of they sold off our private info,did the insurance scam and they tampered with my credit by C/W & there insurance co without my knowing for 2 days they kept getting into all 3 of the credit agencey’s 12 one day 15 the next and my credit report said that it impacted my score severely. also sold house with out letting me know at public auction, never a notice on door. next eviction with 3 sheriff visits and all the court hearings i lost even though my case had merit, so an hour from the final evict they stopped the eviction and wanted to settle out of court.? I have a feeling I have been scammed again they filed for Federal court and they want to modify loan? i believe they are going to off me by dismissing my complaint is this a tactic? because they almost had me gone, thanks and good luck to everyone
June Reyno, what’s the latest and greatest..?? did you get your house back..??
neil is it possible to list the trusts and homeowners can put their names on which trust that they were foreclosed on. also asking homeowners if they could help search other homeowner that have been foreclosed on.these trusts have usually about 1500 to 2000 homes in them supposedly valued in assets 500 million dollars. enough percentage of foreclosed homes in trusts can help investor sue or give evidence that servicing companies and trustees are colluting too sell these homes. working for special servicer or subservicer we know they knew who was going to fail.
My home of 35 years has been foreclosed last year by First Franklin Loan Services. It was a wrongful foreclosure. I am just learning this term of wrongful foreclosure. I have been locked out after loosing the unlawful detainer and now the trash out is coming. I had someone to qualify for a loan to purchase the home. The home I discovered was sold to an investor. But the attorney for the plainitt and the Real Estate Agency are pretending that the bank is still the owner. I am trying to prevent the trash out set for 4/9/09 and seeing how to sue the foreclosing bank for wrongful foreclosure and stopping the complete eviction. Can you please help. My 80 year old mother lives with me. She and my late father purchased this home back in 11/1974. I took it over in 1987. Did good until getting into this subprime mess. Thank you
I have been fighting my forclosure case my self, have filed an answer extension of time, and a request to produce the original note, as well as answer. The bank has now filed the original note an dmortgage, i reviewd my file at the courthouse and saw the note, wich doesn’t not look like an original. Our signatures are signed in black ink, everything else is signed in blue ink.
I now reveied a notice of hearing the lender has filed motion for summary final judgment. The hearing is scheduled two weeks from now. I am wondering if I can file for the hearing to be rescheduled. So that I can gain more time.
Can some one let me know pls.
I was able to file a motion to reverse foreclosure and the judge agreed and there is a hearing next mo.
You can reverse it by filing a timely answer when they file suit against you under an Unlawful Detainer in the lower/limited court as they try to take POSSESSION OF YOUR HOUSE after the trustee sale.
I would start preparing now your opposition paperwork and learn all you can now then find an attorney that “gets it “. That is, if you have money to pay for one. There are attorneys that can also negotiate to keep you in your home if you don’t want to go the whole 9 yards and make them prove they are actually the owners of the note. Neil has a list on his website on questions to ask lawyers who say they can help you. I recommend you go by that to help you in your decisionmaking.
Neil’s website is an excellent source for this.
You’ve come to the right place.
You can definitely still sue them after the eviction. But as I always say TIMING IS EVERYTHING. GOT TO KEEP YOUR EYE ON THE CLOCK IF YOU ARE GOING TO FIGHT THIS THING LIKE A WARRIOR.
Neil’s website is an excellent source for Pro Per’s
But why give up possession when you know they wronged you?
Staying inside the house gives you greater leverage to win.
I had to comment one more time on the progress of a California case I am helping my friend with. We have an upcoming hearing for Summary Judgment and we received the response from the lenders attorney today. I think this time their defense is showing signs of “grasping at straws”. They are claiming that the plaintiff, my friend, is not competent to testify in his own behalf. Is this a new defense tactic? I am baffled and amused….
If my property is already foreclosed and I believe that the lender manipulated me and thus was engaged in predatory lending can and I sue the lender. The lender now has title?
I also would like an example letter pertaining to “where’s the Note and who holds the Note”.
I was foreclosed on Jan 27 09 I think it was illegal because plaintif was not note holder and note was never recorded sold or tranfered.
How can I reverse the foreclosure ?
Neil, the banks lawyers should be disbarred for these ridiculous claims that they do not need to produce the Note, and, any judge that allows this should be removed from his chair!