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Thank You Soliman. So in short, nothing beyond traditional methods or ideas from last year are being offered. Just the new facts that foreclosures are increasing.
Freddie Mac launched a program in January that allowed borrowers to stay in their homes on a month-to-month basis after they go through foreclosure.
Despite the government and financial industry initiatives, foreclosures hit an all-time high in the third quarter. During that time, 937,840 homes received a foreclosure letter — whether a default notice, auction notice or bank repossession, according to RealtyTrac.
Last month, Treasury officials announced that 500,000 troubled borrowers have been put into trial modifications under the president’s plan. The program calls for eligible homeowners to pay no more than 31% of their pre-tax income toward their mortgages.
At the same time as it tries to ramp up its loan modification program, the administration is looking for ways to help those not eligible for adjustments. In May, officials unveiled a program to incent borrowers and loan servicers to participate in short sales and deeds in lieu. Under that initiative, borrowers get up to $1,500 to assist with relocation expenses and Treasury pays servicers $1,000 when the deal is completed.
Short sales, in which the home is sold for less than the mortgage balance and loan servicers may forgive the difference, and deeds in lieu, in which borrowers voluntarily forfeit the deed and the debt may be erased, are faster and cheaper than foreclosure
I welcome suggestions on how to have judges arrested for subornation of perjury.
Just in case there is lawyer in my area,
Drumodad@msn.com
Thanks in advance.
Jeff?
Did you see the post by C.E.F. yet?
He looking for a lawyer and he
is in your “backyard”.
Maybe your “Esq.” can assist him.
I need a lawyer in Suffolk county New York who actually cares about people more than which person is going to finance his next vacation .
Any help would be very much appreciated.
floridadefenseteam–that is a very good article on ‘indexing and securitization’!!
up until now, I did not know that the recorder probably recorded the PSA (pooling and servicing agreement).
this is probably recorded like the POA between securities trustee and servicer—the recorder does not link it to the property owner’s name (the borrower)….it is only recorded under the bank entities.
I guess I am for another trek to the recorder’s office to see if I can find the PSA recording. Know it is on the SEC site.
I am in the Los Angeles area and i am looking for someone who i s practicing the legal processes discussed on this site. Preferably one that is actually succeeding and winning cases for their clients rather than those that have jumped on the band wagon to make a buck. If anyone has had any success in working with someone to help them win against their lender and save their home from foreclosure i would love their contact info. Also, I would like to know if anyone has personally been successful in getting their home back with free and clear title due to the securities angle.
Thanks.
Anyone have advice on fighting forclosures, homeowners out there are in desperate need, including myself. Lawyers are exspensive, loan mods dont exist, some lawyers and judges dont want to here it, odds are definetely against the homeowners. Especially when the whole federal reserve and central banks own the world, including our government. Middle class are tired of being use and abused!!!!!!!!
Msoliman, contact me if you can. We are on our last legs to fight for our home. Greatly Appreciated 707-315-6415
If you feel you may want to pursue criminal charges, you can fill out a complaint form for your local District Attorney’s office. I have had some conversations with our D.A. and he described how closely D.A.s offices are working with task forces and FBI on the mortgage issues.
You have to be prepared to testify if called for any criminal trial related to your complaint.
The SEC does not always ‘prosecute’ every case.
Nor does the FBI or DOJ bring criminal actions against every violator of the SEC laws.
I have first hand knowledge of some company executives at a financial institution (bank & credit cards) who did insider trading and accounting fraud to the tune of nealy 60 million dollars.
The investors finished their civil cases against the executives and were paid with the company’s D&O insurance (Directors and Officers insurance.)
The SEC may have investigated but did nothing. I had conversations with an attorney from SEC person to person about this at a workshop. Nothing further was done. I pursued further and I received letters back from attorneys at the SEC saying they could not comment on the matter.
The insider trading occurred in 2001 and so far…nada…no action by the SEC, DOJ or FBI. $60 million is no small potatoes.
What I learned was that if the SEC investigates and rule, they can recoup up to 3X the monies from the insider trading and that the monies goes directly into the U.S. Treasury.
The SEC is also the entity that refers a case over to the
DOJ.
One can peruse the Investor lawsuits on the Stanford Law Securities Class Action website.
One of the executives, a graduate of a prestigious university, bought an island with his insider trading millions.
Another thing to note, the SEC, if it rules, can bar the corporate executives from ever holding another Director or Officer position again.
The executives, in the matter I am discussing, have all started new companies.
When Wall Street discovered the accounting fraud and insider trading, the company stock dropped from over $60 down to $3 in one day.
Investors and employees (401K) were screwed.
When the investors recoup with their settlement from the D&O insurance, they never get back what they lost from their investments.
The employees sued too….did not get much at all compared to what was lost in their 401Ks.
WELL GUYS I GUESS THIS IS GOOD BYE
Good Article regarding securitization and indexing – shows how the pieces connect -
http://www.gsccca.org/filesandforms/files/guidelines/Indexing_Securitization_Trust_Instruments.pdf
Mortgage Auditor;
November 4th 2009 GMT
By MSoliman
MA – I tend to give violations consisting of material misrepresentations used in fraudulant conduct tied to a FDIC memer bank. These cited examples are often used as a basis for making arguments through a criminal prosecutor. A material misrepresentation for a securities issue is the same as a improper accounting issue resulting in losses sustained on one party by another.
The SEC prosecutes criminal activity for most of the violations I speak of on this site. That is where earnings are tied to a registrant. The rules and guidelines for sentencing are also enforced by the FBI and brought before the DOJ for criminal prosecution . It’s all a unlawful the ol fashion cook of the books here and playing games while manipulating earnings. Now for a claim of wrongful foreclosure I would attack the Notice of sale and argue to have the court rescind the sale. That contrary to others has no bearing on the fact a home sold and may now be occupied by the new owners.
Jus t focus on a rescission as of the notice of sale and let the rest play ou upon getting a decision. Case law ref:: Bank of America v. La Jolla Group II, ___ Cal.App.4th ___ (2005). For case law.
admin@borrowerhotline.com
Well got another one for the list by the name of the Enronable John S. Adams West Justice Center Orange County seems to be buddy buddy with the eviction attorney steven silverstein, says he sees & talks to him in court like every day, but not today even after we called and notified him of the ex parte hearing today that he said he’d be able to show up by 3 but guess what no show…. hmmm maybe he knew something i didn’t…. oh yeah the judge
Hi Nightbird,
Thanks for your comment. Let me point you to a site with the Attorney General of Texas. Look for the Mortgage Fraud Seminar, Securitization: The Big Picture. It will point you to the Federal Register, Friday, January 7, 2005.
There is a lot of reading but the first 5 pages should get you the understanding of what is going on the the conversion of the Note to a Securitized Instrument.
Mortgage Audits
oliver@ipa.net
john
when you sign a trust deed for an extension of credit the lender holds title to your property in trust until repayment is complete, so if they transfered your note to someone else without your consent have they not broken that trust?
MSOLIMAN,
No games here or set up. But I said before I already hired “U.S. Loan Auditors” last month as legal councel to handle my case. And I have no intentions of changing after I just hired them and I have a signed contract with them. So I think it would be conflicting to have multiple parties going after my lender at this point. I have all my docs. on pdf. files, and I’ve had lawyers look at them stating I have good case, and I don’t mind if you want to look them over, But I don’t see any benefit to you and I’m attesting here that by fowarding my files to you it’s not an action of hiring your services. I appreciate all you are doing for everyone here.
Off the subject…
You see between Los Angeles and Sacramento there’s a good six hour drive of communities looking for help. Here in Santa Barbara six months ago when I sought out local help no one called me back, even referal numbers from the legal aid office at the court house no one called me back, so I had to actually resort to ads on U-tube to get help. I’m just pointing out to keep in mind some don’t have internet access to seek help, so they’re finding easier to walk away. If your looking for more clients. Perhaps some newpaper advertisements might help. It’s just not that hard to go to the printers and create a pdf. file to see if you have a case. So I just don’t understand why so many are just walking away.
Abby — Thanks for the clarification. Too many folks like to attack Harvard alum.
I just want my house, which my husband built from foundation to finish with no outside labor. No political agenda here.
Steve, on October 30th, 2009 at 11:55 am Said:
MSoliman, / My post was inteneded as a compliment to you.
So lets get some people on board here. I want your case, again I say to you- let me have your case.
I WILL WIN YOUR HOME FOR YOU. YOU DO NOT KNOW ME CORRECT? THIS IS NOT A SET UP CORRECT? JUST ATTEST TO THAT AN D LETS GET GOING.
CASE LAW, AND RESPA, MERS AND TILA, FORGET THAT NONSENSE – LETS JUST TELL YOUR STORY TO THE LENDER AND YOU SEE WHAT HAPPENS.
I’LL TAKE A SHOT – OKAY?
TEL. 213-627-2324
MSOLIMAN
Abby its just all the scewed up people that want our houses messing with us someone used my name address phone number and email to get quotes from a bunch of construction co.s, all of it is intended to drive us to the point of leaving.
Karen–merely pointing out that he got his JD from Harvard, which is an awesome & prestigious law school. That should count for something. I, of course, cannot explain his decisions.
Maher-I, Abby in CA am not involved with creating any websites for anyone, not do I have any collaborators doing anything of that nature. I certainly do not have time nor energy for those types of activities.
I am not a counsel and I have stated that many times over on this blog.
okay guys i got a notice to vacate by sheriffs department posted on door how can i file motion to stay execution of writ?
MSoliman,
My post was inteneded as a compliment to you.
Yes I’m on the defensive. Started this off in Nov. with approx. $3,000 paid to a mortgage modification scam. Paid approx. $1,000 to a mortgage audit service which was unable to get my lender to reply to the audit. Now approx. $3,000 paid to a lawyer who says his company is getting audit responses within ten days.
Well as to talking with my lawyer last week I’m told my lender will respond to the audit but wont be releasing any loan docs. But in the mean time my house is up on the auction block. This has all been savings going on a year now being unemployed/self-employed (no benefits to claim). This is no joke to me. and if I post one it’s because I have nothing left.
I trust no one dealing with e-mails with audit summer specials for $99.95. Servicers who are not lawyers but work with them so you’ll need to pay us first before talking with our lawyers. Lawyers who are out to save the home thru modifcation only. It’s hard to tell who’s for real, who’s a fly by night scam, and who’s just in it for the profit.. But I am not taking sides against you Soliman or dismissing your services. I just felt I had to make a choice and hire a lawyer without a bad report. I got your e-mails and I got a copy of your expert witness to foward to my lawyer if I ever reach a court appearance. I also called you I believe last week and left a message with your secretary. You never called me back.
FYI
-I loved how Willam Black on C-span talked about Enron, Worldcom, the Savings and Loan Crisis, are all the same scandal and no differen’t to the mortgage crisis. Just differn’t characters. I had just gotten done reading about the Enron scandal on the Wikipedia and was thinking the same exact thing before I saw Willam Black talk about it.-
So I apologize Soliman if your misinterpeting my comments.
Abby,
To your comment on Oct 23 (below), I say, “So what that he has a Harvard JD.”
Did you provide that tidbit to imply that “as a Harvard JD he probably has and excellent understanding of jurisprudence” or did you mean “What did you expect? He went to Harvard.”?
As a Harvard John F. Kennedy Fellow, (Kennedy School of Government, Science, Technology and Public Policy) I am disturbed by the context in which you provided the information. Considering that you were answering someone who has a personal problem w/ Judge Carney, I would appreciate it if you would explain yourself. I can’t wait to hear your views on the school recently ranked #1 in the world, above Oxford, Cambridge and Yale.
Abby in CA, on October 23rd, 2009 at 4:02 pm Said:
Contacting Judge Carney
courthouse
http://www.cacd.uscourts.gov/cacd/JudgeReq.nsf/f6beb3edf125e6e788257272006231a2/06a6850e26e8d94488256d1d005b0a8d?OpenDocument
He has a Harvard J.D.
MSoliman,
I’m an IT person, and I looked up abbymortgage and I found the information shown below. It has been registered since January ‘07 and it belongs to jet Stream Enterprises.
WHOIS information for abbymortgage.com :
[Querying whois.internic.net]
[Redirected to whois.enom.com]
[Querying whois.enom.com]
[whois.enom.com]
=-=-=-=
Visit AboutUs.org for more information about abbymortgage.com
Registration Service Provided By: Strata services limited
Contact: management@strataservices.com
Domain name: abbymortgage.com
Registrant Contact:
JetStreamEnterprisesLimited
Jet Stream ()
Fax:
BoxW960,WoodsCenter
StJohns, 0000
AG
Administrative Contact:
JetStreamEnterprisesLimited
Jet Stream (jetstreamltd@gmail.com)
312263405
Fax: -
BoxW960,WoodsCenter
StJohns, 0000
AG
Technical Contact:
JetStreamEnterprisesLimited
Jet Stream (jetstreamltd@gmail.com)
312263405
Fax: -
BoxW960,WoodsCenter
StJohns, 0000
AG
Status: Locked
Name Servers:
dns1.name-services.com
dns2.name-services.com
dns3.name-services.com
dns4.name-services.com
dns5.name-services.com
Creation date: 25 Jan 2007 19:21:34
Expiration date: 25 Jan 2010 19:21:34
Get Noticed on the Internet! Increase visibility for this domain name by listing it at http://www.whoisbusinesslistings.com
=-=-=-=
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purposes only, that is, to assist you in obtaining information about or
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Version 6.3 4/3/2002
Abby in CA, on October 29th, 2009 at 6:46 pm Said:
————————————————————–
Ian-? The website is not mine. I asked Maher to explain earlier–did you read that post? That maybe we’d use him if he could explain?
—————————————————–
ABBY Collaborators are now the “Steve” shill. Go to a number of domain registers and see the web page my domain “Foreclosureinfosearch”now defaults too. The deal is out of the bag now after a 30 day investigation.
I am hindered from testifying at the moment due to this tortuous & unlawful interference. My popular web page is now the same as the default page you pick up under AbbyMortgage.com (Stupid criminal minds)
These people have infiltrated this site as well and tried to cause me and workers undue humiliation and losses to clients whose cases are now before judges. My GOD, what are they doing!
These people (I believe include an attorney) in a uplifting and heartbreaking Quiet Title action being heard in CA Superior Court .It appears the parties fighting this matter are still seeking to delay an elderly couple who like me are suffering from these 24 – 7 strong arm tactics. But these attacks are against a court witness who has been deposed and having testified. These inhumane extortionists continue to press me; the lawyer sanctioned me and tried to compel the courts to hold me in contempt to no avail. $18000 – I was able to Quash the latest duress and now this….because why- I testified t the truth! This nightmare continues. This while they press me to surrender and cave in. I WONT DO IT. NO WAY
They and others here who are fighting for their homes while these animals think it’s all a game. This site is suffering from something I am not able to control.
———————————————————————–
The people behind the “Abby” name are being investigated under federal domain registration fraud and thief with a likelihood of an arrest. Watch the M.Soliman latest attack Web Site they started drop off again after this posts.
We have IT people who have electronically copied it. . An investigation by IP domain security is to commence (watch their next move). I need to stress something to everyone….. This game is interfering with certain Courts and defendants in US courts and must be brought to justice.
It’s turned this palce into a joke…a serious joke with reprecussions.
1,099 Responses
Steve, on October 29th, 2009 at 8:37 pm Said:
I enjoyed Maher postings too about securities and CDOs, although I had to keep opening up the dictionary due to his extensive vocabulary
“enjoyed Maher postings” . . .I never go by Maher and everyone (other than Mas and WikiAbbya) use
M.Soliman.
Wow, If only they knew how many times attorneys told me Niel Garfield had not been in a courtroom in over over 20 years or cannot substantiate prevailing while defending a wrongful foreclosure case – they would start a Rip off report about him.
Careful Neil, they are ruthless…..
I enjoyed Maher postings too about securities and CDOs, although I had to keep opening up the dictionary due to his extensive vocabulary. Before I connected him with NLS, he was the one on his website who wrote “Everytime a client comes into our office forms 1003 and 1008 are missing from their mortgage docs.” That threw me over the top when I looked and noticed mine were missing too.
Unfortunately, after the comments here and doing a search under NLS scam or fraud I went with another service since Vickys complaint is still listed under the complaintsboards website.
These days I wont do business or even buy Girl Scout Cookies without doing a search under scam or fraud first.
But forget buying anything now. After reading about the church donations my lenders attorney might point out to the judge that I was ordering cookies instead of paying my mortgage.
Dying Truth,
I am not a lawyer and “Frankly Madam. I don’t give a ….” uhhh
I forgot the rest of that “line” … anyway……
GET YOUR FANGS OUT!
No, not because it’s Halloween soon.
No, unfortunately we are going to have to fight FANG to fang
with these fools.
Is that LEGAL advice? YEAH. Yes, frankly it’s the dispositive TRUTH.
—————————–AIA
********** AIN’T IT AWFUL ************
“DISGUSTING” DOES NOT EVEN DESCRIBE THIS FORECLOSING PARTY’S POSITION: DON’T DONATE $12.50 PER WEEK TO YOUR CHURCH SO YOU CAN USE THAT MONEY TO PAY THE SERVICING COMPANY ON A MORTGAGE WHICH IS OVER $3,000.00 PER MONTH
October 20, 2009
This one takes the cake, at least for now. Forged initials and signatures on loan closing documents, forging a wife’s name on mortgage loan documents where the husband is the only borrower, dummying up phony “original” promissory notes with forged borrower signatures, and the like are now commonplace in our cases. This most recent event, however, defies explanation and shows how low a servicing company and its attorney will sink.
The case involves a foreclosure attempt by Aurora Loan Services, which we all know is an arm of (bankrupt) Lehman Brothers. Aurora’s attorney took a 9-hour deposition of the borrower, which was in an of itself an ordeal, especially with many of the same questions being asked over and over and over and over and over and over and over again. The fact that a “big law Firm” was retained by Aurora to take this 9-hour deposition for this simple contested foreclosure case with only one borrower showed us one thing: that the big law Firm intended to bill the dickens out of Aurora.
Somewhere in the 7th or 8th hour of the deposition, Aurora’s attorney began to ask a series of questions of the borrower as to certain payments, including the borrower’s $50.00 per month contribution to her church where the borrower and her family worship. Aurora’s attorney then asked the borrower why she did not cease paying her church (what was $12.50 per week) “so you could pay your mortgage”, which had escalated to over $3,000.00 per month. It does not take a math whiz to see that not contributing $50.00 per month to a church is not going to make a bit of difference in paying a $3,000.00 per month mortgage. Nonetheless, Aurora’s attorney asked this question at least 3 times, and was astounded that the borrower chose to continue to give the small donation to her church. The attorney actually insulted the borrower over this matter.
If this is a sign of things to come, borrowers in foreclosure defense cases beware: you may be labeled as a “cheat” or worse if you donate a small sum to your church or temple instead of using that money to pay the servicing company. After all, who is more important here anyway?
Jeff Barnes, Esq.
Ian-
?
the website is not mine. I only found it trolling on the net.
I asked Maher to explain earlier–did you read that post? that maybe we’d use him if he could explain?
Abby i did file a TILA case in district court that’s in appeals right now. but i haven’t filed anything like that in superior, i’ll try and email you a quick summary. Ian if you don’t have anything nice to say at least say something productive like Maher…..
you see thank you soliman thank you everyone. this is what i like to see, us helping one another not fighting amongst eachother. my dad got the case file from westcourt along with the stay writ of attchment forms. tomorrow we’ll probably file that and then we’re gonna file a notice of removal to district court and join a class action rico suit against this Steven D. Silverstein attorney, there seems to be a pattern to cases he works on like they always file the ud in the name of a trust or partnership after the street name wherever the property is located so if anybody gets a case like this that was filed by Steven D. Silverstein please contact Peyton Yates Freiman at 512-923-1889
Hey Abby- your facebook photo is a sweetheart! I don’t know why you are attacking Maher Soliman, his posts are among the most illuminating of any on this site, if only to jar the viewer into realizing that he or she knows very little (relatively speaking) of what actually is to be taken into consideration in these matters. I, for one, am continually amazed at these various insights into various components of the securitization process and its’ attendant illegalities. I would hope you can visualize the larger picture and put personal diatribes aside for the common good. Otherwise you should replace your Facebook picture with one having a permanent scowl! I value your posts as well, Abby- you have an honest, direct (and rightfully so) grasp of your subject matter. Sincerely, Ian
Abby,
OK. Now I got it.
Thanks.
Dying Truth–have you filed your fraud, TILA, Predatory Lending, usury etc. case yet in the unlimited civil division of Calif Superior Court?
I do not know facts of your case, but if any of those causes fit, you should get that complaint filed asap.
Maybe you have already done this. I hope so.
I am out of touch on where you are with your UD and as you have found out, those move very, very quickly through the UD court (limited civil divisions and they are not equipped to handle the big fraud, TILA case).
You can try to do like I did, file the big fraud complaint and then file a motion to consolidate in the UD court as an ex parte hearing.
Disclaimer: I am not an attorney so always seek competent legal counsel & advice.
If you search around in scribd, I think there are some template complaints.
Do you know how to go to the civil clerk to file a complaint? Call and ask them questions. Usually, you will need to bring at least 3 copies for them to ‘file’, which means they will assign a case number, date/timestamp it and enter it into their system.
You should get two copies back–always keep one for yourself of everything.
If you are going to file a complaint, you will also need to go online to your court site, and print off a ’summons’ form, fill it out and also bring 3 copies to clerk at the same time you file your complaint.
The California courts are great about posting all the form documents online and for giving some instructions.
If you want, you can email me at carra2009@gmail.com and I will try to answer your questions.
Also, you will need to look online at your court website
to learn about deadlines for ’serving’ the summons and complaint and any motions.
Pro-se’s can do this. There are many who cannot afford attorneys right now.
Whatever you do, try NOT to let a writ get issued in the UD court. But, even if that is done, it is not over.
It is just much more difficult to deal with.
Try to find a lawyer.
O.K. Abby in CA
We know that you did not find that article on Google.You are obsessed with him. WHy
You have something against M.Soliman?Please let us know what is that .It’s geting boring.You using this site just to attack him.
I like most homeowners use this site to help fight lenders.There are lot desperate homeowners who need and find it on Livinglies.
Are you protecting the public?
And finaly we all know M.Soliman and that is his real name. It would be nice if you would tell us your real indentity and trying to divert readers from the main focus -SAVING HOMES! Did he not show you the cases he won, the testimony provided and the settlements made in coourt. That was not enough.
I believe Mr.Garfield started this site to show others the right way to win back their home.
This is not our beef and he has won two settlements for me. Stop or just go away! Thank you
You must have a filter or something turned on.
I just clicked and the page comes up.
Try it under a different browser. Works under IE
Need an atty who gets in in “Naples FL” or close by. Regarding predatory loan.
Michael
Abby?
I clicked the “officelive” link,
but got a dead page.
What google search params did you use?
or
just what was there?
Knowing you it’s gotta at least be
very interesting.
Maher,
Hope you can help him.
I always read your
contributions with
great interest
Deontos,
Gift . . . . thanks for comments..and supporting him. .
Maher
found this with a google
http://noneca217.web.officelive.com/default.aspx
Maher — Thanks for the clarification. As a displaced Baltimorean, I probably know the people who swindled you. I’m at the Solar Convention in Anaheim all week but I’ll call you later.
Dying Truth — listen to others. The note was taped to my door in March 2008 and we are still in our home fighting.
Dying Truth!
Snap out of it! Put your GAMEFACE on and get moving.
Take help from where you can get it. But you got to help
yourself.
I agree with everything you said about the capacity of
some to be heartless and cruel. A deer probably thinks
the same way as the hungry and grateful cougar takes
the first bite of it latest meal. CRUEL isn’t it? If that deer
could have moved a little faster, jumped a little further….
NO, what happened was it GAVE UP.
I don’t know all the consequences of Maher’s offer to help.
My gut says he’s GENUINE. It’s a gift while the other side
is happy to use a stick on you.
I want to see many stories here of SUCCESS. Look,
Abby was able to get through the STICKING point you’re
in right now. Please…. let us hear back that you have taken
further action. A lot of us facing this darkness will be helped
and very encouraged to hear that you MOVED forward.
{{{ranting done}}}
DyingTruth, on October 29th, 2009 at 1:30 am Said:
I’m only interested in hearing your personal experiences.
am not sure what’s going on here outside of a lot of panic. I’ve seen these overturned almost weekly …….you’re the defendant seeking to stay the evicition correct?
Please (no BS ) Just answer
1) Have you filed a Motion to Stay the Writ of attachment?
2) If yes what was is denied for?
3) Are you alleging the attorney alone manipulated the court?
4) Suggesting the court is biased and acknowledged the oppositions having failed proper service?
Dude, this is not that hard. A court should allow you more than enough chances to file a motion to stay a writ o(Sheriffs) – 30 days at least (based on a hardship and time to recoup, moving, money, denial. . . Is this for real or what?
213-627-2324
OC – Ill meet you down there if need be…Maher
M.Soliman
admin@borrowerhotline.com
i dont know what county but here so far in the oc it’s hard i got no cash, the attorney that filed the ud pulled a fast one, vacated the hearing that was set for yesterday and had summary judgement entered five days earlier without any noticed said we were served but we weren’t. but i was thinking maybe filing something like that could help me, so if you think…. look forget that just tell me in somewhat detail how you did it i’m only interested in hearing your personal experiences.
my whole view is i’m not a lawyer but anybody i can give good helpful advice to i’m gonna because you know what lawyers aren’t, even when paid to. its crule, & i have no respect for people who stand by and quietly watch while everyone suffers, it’s imoral and inhumane, and screw what the bar thinks who have they helped lately but themselves. thepeople that have thier faces on dollar bills didn’t get there from screwing over thier fellow countrymen they got there from helping them in times of dire need
Dying Truth,
Here’s Abby’s “comment” on her filings:
———————————————————————–
Abby in CA, on October 25th, 2009 at 7:17 pm Said:
To James and Ruby
Not to diminish the valuable instructions from James, and I am NOT an attorney, so always seek competent counsel, but this is what I did in California after being served with UD. I filed a fraud, TILA, predatory lending, wrongful foreclosure case in the California courts, then filed a Motion to Consolidate the UD with that big fraud case (since big fraud case is in unlimited civil division and UD is in limited civil). The UD judge did just that and it has been over a year now since I found the 3 Day Notice to Quit taped to my door.
The big fraud case is moving ahead. The UD is dependent on the outcome of the big fraud case.
I have NOT found corruptness in the California courts yet.
That is just what I did and this is my opinion.
James, are you an attorney here in California?
———————————————————————–
—————————————————————-
DyingTruth, on October 28th, 2009 at 10:27 pm Said:
so how the hell do i use this info to stop my eviction? the courts in california aren’t listening and are anything but sympathetic
—————————————————————-
DyingTruth,
Are you in UD Court?
SEE: Maher says he snagged the “Pretenders” at the UD Phase
see: http://livinglies.wordpress.com/2008/05/20/the-dangers-of-defending-your-foreclosure-case-without-an-attorney/#comment-2722
SEE: Neil’s article about using UD strategically
Motion for Consolidation is sometimes enough
Posted on February 17, 2009 by livinglies
http://livinglies.wordpress.com/2009/02/17/motion-for-consolidation-is-sometimes-enough/
SEE: I think Abby was successful; maybe she can help you out:
—————————————————————-
Abby in CA, on August 31st, 2009 at 3:32 pm Said:
………But in Calif, non-judicial foreclosure state, I prepared the counter MSJ to their MSJ. This was in UD (eviction action, post foreclosure)
At same time I filed a fraud case and then did motion to consolidate the two cases (UD with Fraud).
So the consolidation overrode the MSJ. Nevertheless I filed the counter msj.
—————————————————————-
it is starting to make sense though considering on the trustee’s deed it says the purchaser was a third party partnership named after the street i live on in connection with a bunch of other trusts and there was no purchase amounts listed. but how can this be used to catch the courts attention and will they even care?
so how the hell do i use this info to stop my eviction? the courts in california aren’t listening and are anything but sympathetic
John,
I have asked that question in a number of places and have never received an answer. Can anyone explain to me what legal means exist for a securitized Note to convert back into a mortgage Note.
There would need to be some process, some filing, some demanding legal requirement that prescribed the manner in which a security can be transferred back into its earlier existance as a Note. Where does that law exist? Where is there even regulation that governs the process?
I’ve thought that these banks, by securitizing mortgage Notes, actually ruined & voided them for use with real estate. Is that notion supportable?
Guys, I believe you are leaving out a few things. How can they buy the Note back that has been “converted” into a securitized instrument?
Answer, they can’t! Once it has been securitized and paid in “full” it can not be converted back into a Note….
How can they modify a Securitized Instrument? They can’t!
Mortgage Audits
oliver@ipa.net
john
okay soliman your starting to make alot of sense so dont lose me. they cant just simply assign loans can they? instead they foreclose, rescind and that’s how they transfer the debt?
Dying truth
You are CORRECT. OUTSTANDING RESPONSE and I agree. Never took issue with your comments, feedback or contribution.
Want to get focused here. Fine. The borrower got a loan. Lender sold the loan. You want a modification!
Lender say’s Okay, lets see if we can help! HOW CAN THEY HELP IF THEY SOLD THE LOAN.
They can only repurchase the loan in an open market transaction according to GAAP. Lets see, Ebay, No Chrities Auction…Nope….TRUSTEE SALE ? And that happens AFTER THE FACT…
MERS is an electronic means to record an assignment – call them and ask to have them hold up any assignments.
LOST NOTE – Forget it. The loans fund and get offered as collateral for the lender to borrower more money. They really cannot but the bank making the lender loan files a UCC and could care less about your lost note.
ASSIGNMENT – The loans was sold and the assignement was recorded when. Before the sale took place. Who signed it? On behalf of who as beneficiary? The documents were dated when?
My apolgies to you and the rest for having to address the other non sense here (but its still impresive and adds to the credibility factor.)
I have been to the mountain…I have seen the valley fraud with my own eyes. And as always with fraud comes suffering. Its time to stop the suffering and leave these borrowers alone.
MSoliman
borrowerhotline.com
Swallowman you have to expect this kind of criticism when you constantly shoot down homeowners attempts to cognize legal theories, insult honest suggestions for help and draw everyone from the focus of thier problems & the point of this website which is a place where homeowners can seek actual help. if your not part of the solution then your your part of the problem bub.
In a 2002 claim my firm filed against CitiFinancial for compelling my firm to purchase over $1.million in fraudulent loans SOLD TO US consisting of Baltimore Row Houses.
My firm was a warehouse sub servicer and these toxic loans were transferred from New Century (now under investigation) to a warehouse line of credit I owned totalling over $100 million. The documentation is available to show the deceitful and willful attempt by Lenders to transfer assets illegally to avoid regulator authority.
Citi countered seeking a summary judgment that was vacated as part of our agreement t to avoid litigation and a negotiated settlement. Its not even part of public records so they had t o dig deep.
These mental midgets fall right into the trap as you can see. If my experience is alway suspect with these fools and questions are raised as to my trading over one billion in closed loan assets – then let this silence the moron minority. By the way, these creeps that pollute this amazing site with Bannarama gossip don’t realize that the industry prior to the crash ran with a 4.8 to 7.3% delinquency rate. One million (if it were applicable ) over five years equates to a 0.20 % average annual rate which confirms we led the nation in a near zero delinquency.
But note how the underlying bank seeks to attack the originator and file for a judgment. If they feel the loans were bad why are they denying the loans are anything but acceptable in today’s court? It’s happening everyday and playing out in courts across America.
Ms Mas and Abbess are doing the same thing trying to block justice and somthing that this site does not stand for. Lender malfeasance. I have testified for a year now trying to win back a certain borrower their home in a seperate matter.
The attorney fighting me (who I beat in court once) as an expert witness (got that – Expert Witness and I won) is asking them to attack me to discredit my reputation in the matter of :
CASE NUMBER 107CV078096 / E RIFFLE JR, ET AL ET V. HOMECOMINGS FINANCIAL, ET AL.
ITS TORTOUS INTERFERENCE AND UNLAWFULL TAMPERING WITH A WITNESS AND TESTIMONEY UNDER THE RULES OF EVIDENCE. THIS MATTER IS BEFORE THE ATTORNEY GENERAL NOW AND IT IS AMAZING – THEY KEEP COMING AT ME FOR PUBLIC RECORD.
CALL ME FOR ANY SUPPORT YOU WOULD LIKE AND PREVENT MS MAS, ABBSESS AND COUSEL FROM GIVING THE BORROWERS ABOVE WHAT THEY DESERVE -THE RIGHT TO LIVE IN THEIR HOME FREE OF A ROUGE LEDNER COMING BACK TO MAKE CLAIMS.
THESE PEOPLE ARE NOT OUR FRIENDS FOLKS..
GOD BLESS
MSOLIMAN
BORROWERHOTLINE.COM
Please take note of the serious and compelling arguments we make as an expert for attorneys to cnsider in their pleading. Of course, this is submitted with a number of compelling exhibits taken from SEC filings and used as evidence. They are attached for submission with a pleading at the attorneys request.
SUMMARY OF EVENTS
Taylor, Bean & Whitaker’s Underwriting Standards
Taylor, Bean & Whitaker lends on conventional conforming (i.e. Fannie Maenad Freddie Mac agency products), FHA Insured, VA Insured, Rural Housing and conventional non-conforming loans (i.e., loans which are not insured by the Federal Housing Authority or partially guaranteed by the Department of Veteran Affairs or which do not qualify for sale to Fannie Mae or Freddie Mac and are secured by first liens on one-to-four-family residential properties). All loans may be underwritten by Taylor, Bean & Whitaker or purchased by Taylor, Bean &Whitaker when underwritten to acceptable guidelines approved by Taylor, Bean &Whitaker. Taylor, Bean & Whitaker’s underwriting standards with respect to the mortgage loans generally will conform to those published in Taylor, Bean &Whitaker’s Product Profiles and Credit Policy.
Taylor, Bean & Whitaker states in its offering prospectus that “If the loans are “conventional non-conforming loans”, the underwriting standards applicable to the loans typically differ from, and are generally less stringent than, the underwriting standards established by Fannie Mae, Freddie Mac and government insured loans primarily with respect to original principal balances, loan-to-value ratios, borrower income, required documentation, interest rates, borrower occupancy of the mortgaged property and/or property types.”
Taylor, Bean & Whitaker knew performance of the loans there under may reflect higher delinquency rates and/or credit losses. They also stated in the prospectus the following: “To the extent the programs reflect underwriting standards different from those of Fannie Mae, Freddie Mac, FHA and VA, the Defendant will show where the underwriting standards as set forth in Taylor, Bean & Whitaker’s underwriting guidelines were continually revised based on prevailing conditions in the residential mortgage market and the market for mortgage securities. “
Where Taylor, Bean & Whitaker’s underwriting guidelines were continually revised based the company commits a material misrepresentation as the open ended statement subject to “prevailing conditions in the residential mortgage market and the market for mortgage securities” refers to the need to continue to lower its qualifying standards’ solely to compete. This claim is proven and shown by the recent collapse of the non convention non-prime market place and high number of foreclosure experienced by Taylor, Bean & Whitaker’s.
Taylor, Bean & Whitaker claims in published prospectus ( ) that it “ “Generally, a prospective borrower is required to complete a detailed application providing pertinent credit information. The application contains adscription of a borrower’s assets and liabilities and a statement of income and expenses, as well as an authorization to apply for a credit report summarizes the borrower’s credit history with merchants and lenders and any record of bankruptcy.” The defendant claims Taylor, Bean & Whitaker’s loan acceptance program was defect and not subject to any level of accuracy and detail necessary to ascertain early on the viability and credit worthiness of the borrower.
Rarely if ever was an employment verification obtained which reports the borrower’s current salary and may contain the length of employment and an indication as to whether it is reasonably expected that the borrower will continue such employment in the future. If a prospective borrower is self-employed or if income is received from dividends and interest, rental properties or other income which can be verified from tax returns, the prospectus represents that “borrower may also be required to submit copies of signed tax returns. In addition, the borrower may be required to authorize verification of deposits at financial institutions where the borrower has accounts.” Neither of these statements are true as evident from the high volume of foreclosures and default experienced by Taylor, Bean & Whitaker’s.
The underwriting standards set forth in Taylor, Bean & Whitaker’s Product Profiles and Credit Policy were based upon based on the requirements of Freddie Mac’s Loan Prospector(R) (“LP”) program or Fannie Mae’s Desktop Underwriter(R) (“DU”) program. Fannie Mae and Freddie Mac have created their automated underwriting engines around sets and subsets of rules taking into consideration overall risk based off of FICO score, TV/CLTV, occupancy, income/debt ratios and transaction type. The automated underwriting engines created by Fannie Mae and Freddie Mac have been approved for use in determining overall repayment risk and have included within the engine, their own superset of risk controls.
In the prospectus Taylor, Bean & Whitaker states the result of input of all of the required application fields will yield a result of approval or denial (with varying layers of risk determined between these decisions). This is just not the case as the automation is alleged to have been manipulated the borrower’s credit profile and other pertinent information in order to deceive the secondary market as to the quality of the asset.
A certain percentage of the conventional non-conforming loans have been originated under a non- verification than do traditional full documentation programs. Generally, under an alternative documentation program the borrower provides alternate forms of documentation to verify employment, income and/or assets. Under the Stated Income Verified Asset program (SIVA), the borrower states his or her income on the application along with place/history of employment.
The practice of soliciting and underwriting a borrower’s file requires the employment is verified, however, according to Taylor Bean, “not the actual earnings.” This practice is highly negligent where a lender determines at their own discretion if the income is information is reasonable and consistent with the borrower’s occupation and tenure of employment.
Another highly negligent practice is where Taylor Bean, under the Stated Income Stated Asset program (SISA), the employment is documented the same as the Stated Income program and, additionally, the assets are stated on the application, however Taylor Bean makes no effort to have verified the amount on deposit. Likewise, no statement is made by Taylor Bean regarding its quality control or risk mitigation departments. The absence of this statement suggests a certain high level of malfeasance and crprate disregard for the integrity of the programs offered to borrowers putting them at risk and for investors seeking to buy stock collateralized by the potentially toxic mortgages.
Taylor bean further attracted a high risk profile in its portfolio by offering a No Income Qualifier program (NIQ) where the application is taken with employment stated on the application. Taylor Bean shows in the prospectus its recklessness attracting borrowers lured under a no income listed on the application program leaving the ratios at zero.
The defendant can now understand why Taylor, Bean & Whitaker was so eager to put him at ease having to “not worry” about the loan being approved under an exceptionally easy and “brainless” program format. Employment and assets are verified under the NIQ program is subject to a mandate for strong compensating factors which is something Taylor Bean makes no representations for in its published offering. The prospectus reads as follows: “The application for the No Documentation program (No Doc) contains no employment, income or asset information. The underwriting for such alternative documentation loans may be based primarily or entirely on other factors, such as an appraisal of the mortgaged property, the loan-to-value ratio at origination and the borrower’s credit score and previous mortgage payment history.”
Taylor Bean was overly dependent on automation to allow the company to escape the wrath of underwriters who would normally protest the absence of good underwriting standards. In fact, Taylor Bean boasts in its prospectus of having created a proprietary rules-based engine that generates an underwriting decision based on rules input as a direct reflection of the product profiles for nonconforming (Alt-A) loans. The defendant claims the automation was more inclined to issue an approval after a processor or underwriter was encouraged to twist and misrepresent the borrower’s accurate income and assets profile.
Taylor Bean in its prospectus further claims the following “based on the data provided in the application and certain verification (if required), a determination is made by the lender that the borrower’s monthly income (if required to be stated) will be sufficient to enable the borrower to meet its monthly obligations on the mortgage loan and other expenses related to the property such as property taxes, utility costs, standard hazard insurance and obligations other than housing expenses. Generally, scheduled payments on loan during the first year of its term plus taxes and insurance and all scheduled payments on obligations that extend beyond ten months equal no more than a specified percentage of the prospective borrower’s gross income. If the system is not flawed then how was this information obtained for a borrower who struggled with his payments almost immediately from the commencement of the loan origination?
The prospectus contains multiple instances of material misrepresentations where it is alleged by Taylor Bean that a percentage applied variable on a case by case basis were applied depending on a number of underwriting criteria, including product applied for, FICO, occupancy and the loan-to-value ratio of the mortgage loan. The originator may also consider the amount of liquid assets available to the borrower after origination. The allegations are little if any applied variables and instances of quality control and risk mitigation were ever applied the defendants loans and Taylor Beans underwriting efforts.
In determining the adequacy of the mortgaged property as collateral, an appraisal may be required of each property considered for financing. Such appraisals are performed by appraisers independent from Taylor, Bean & Whitaker or its affiliates. Such appraisals, however, will not establish that he mortgaged properties provide assurance of repayment of the mortgage loans. The appraisal procedure standards generally will have required the appraiser or an agent on its behalf to personally inspect the property to verify that the property is in good condition and that construction, if new, has been completed. All appraisals conform to the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation and must be on forms acceptable to Fannie Mae and/or Freddie Mac. The appraisals based on various factors, including the market value of comparable homes and the cost of replacing the improvements. For existing properties, if the appraisal is more than 120 days old but less than 360 days old, the original appraiser must certify that the value has not declined. If the appraisal is more than 360 days old, a new appraisal is required. For new construction or construction-to-term loans, if the appraisal is more than 180 days old but less than 360 days old, the original appraiser must certify that the value has not declined. The re-certification must be dated within 180 days of the settlement or closing. If the appraisal is more than 360 days old, a new appraisal is required. Appraisals are reviewed in their entirety by an underwriter employed or contracted by Taylor, Bean & Whitaker or an approved delegate for Taylor, Bean & Whitaker.
Taylor, Bean & Whitaker’s underwriting standards include a set of specific criteria pursuant to which the underwriting decision is made. Mortgage loans approved as quick as they came in the door which is a negligent practice that subjects the borrower to predatory lending practices, unconscionable loans and deteriorating acceptance guidelines over time.
Taylor Bean then packages the loan in large pools intending to sell them off to Wall Street investors. It is alleged the investors then buy into the offering providing information offered in a registration.
The programs used by Taylor Bean and its published guidelines for lending practices should be considered anything but to be originated in accordance with a given set of underwriting standards and are in fact NOT based on an overall qualitative evaluation, where the loans fail to meet any substantial compliance with those underwriting standards as determined by Taylor, Bean & Whitaker underwriter or contracted underwriter or an approved delegate.
Abby,
OUCHHHHHHHH……………………………….
I guess that’s why its time to jump ship.
TCS- fighting in FL.
Thanks Abby. Judging by the date, that could explain why Mr. Soliman switched sides. I’ll have to look it up to see what side he was on back them.
It is unpaid and if one adds 10% interest on judgment it is over $2.3 million due.
Superior Court State of Calif. County of San Francisco
CASE 03-503708 Feb. 10, 2004 judgment of 1.59 million
CPF 03-503708
Abby,
I’m still waiting for proof about your allegations. My only loyalty is to the truth so please don’t think I’m advocating for or against any particular person.
This is one of the most useful websites I have come across and I would really hate to see it deteriorate into a Topix-type forum for people with a personal ax to grind.
Karen
Found this under the comment section of a “Market Watch” article.
What’s the difference between a Realtor and a catfish?
-one is a slimy, mud-sucking, $hit-eating, bottom feeder. the other is a fish.
oh yeah & i’m pretty sure i have evidence to support the whole theory that james had about mers and the hidden loan scheme, when my loan was allegedly transfered it was in default pending a trustee’s sale on the original loan number but then boom trustee’s deed upon sale new loan number then they recorded a blank assignment, then they rescsinded the whole thing trustee’s deed, default etc… but started the process all over again but with the new loan number and then on the trustee’s deed upon sale it was the original account number but this time there is no purchase price, all the amounts are blank. back to james’ theory, the appraisal that they kept from us until after closing was $548,000 my loan however was only $273,000, coincidence… i think not
Cormac J Carney is a friend of the pretender lenders. That’s the guy who broke the rules just so he could dismiss my case. he used to be a some football star then he was a business litigator, after that he became a superior judge for oc then BUSH gave him a district judge position. i filed for an emergency motion to stay(they denied it but didn’t dismiss the appeal) because now they’re tring to evict me, I’ve lost feeling and ability to use my left hand at the age of 26 so typing has been hard. i have a hearing the 28th for the ud i’m going to try to go to westcourt tomorrow with my dad and see if we can get some time, mercy ANYTHING. this is so hard i don’t know what’s wrong with my hand but that’s why i haven’t been posting
California:
Caporale v. Saxon, Deutsche Bank, Morgan Stanley – Judge Weissbrodt Motion to Lift Stay DENIED. Order for Preliminary Injunction GRANTED July 14 2009.
http://msfraud.org/LAW/Lounge/CaporaleSaxonDeutsche/OrderInjunction14July2009.pdf
I’m coming for you soon as well you F#$KS…
I would definitely like to hear about the million dollar verdict! I know Michael Roth was in trouble for some of his antics but I hadn’t heard about the other matter.
Secondarytradedesk
Maher we all know this is you with your latest created blog id because you are still stuck on ‘digging’ Vicki.
I thought Neil told you to stop.
Before you go proselytizing on folks like ‘angry & NTI’ and Allan from MA on the ‘attorney page’ can you please expound on the over 1 million dollar judgement against yourself?
We’d maybe like to use your expert services but that may stand in the way.
angry not taking it, on October 23rd, 2009 at 3:53 pm Said: Cormac J Carney California Central District Judge is kicking Families out of their homes . . . . /Cormac_J._Carney…this explains a lot… has done more to hurt .steal. Murder. Insult the USA ….the BUSH FAMILY.
There are people here (this site) who create the controversy and stimulate willful attacks and even hatred amongst viewers and the system. This (above comments) is a response to that mentality and not a “chit chat” club member cause of it .
Go to a third world nation and write about this subject matter and then disappear. We have a great country we live in with men and woman dying for a less worthy cause (in my opinion) then for saving a home and family from homelessness. There you see destroyed foreign and American families for life. I still support our government and any cause to make right the 911 tragedy (Whatever the justification).
There really no place for this attacking herein…..try the Vicky Mas Ripp off Report.
US Marshals, FBI and Department of Justice personnel read this fecal matter and Michael Moron makes money of f the hype and gets you to justify reasons why you continue to kick your dog.
Relax Bubba, breath and think, be smart and seek anger management courses. And read through the issues causing judges to say one thing and go home at night thinking “they were close…the arguments…were so close …and yet not enough” (Trust me; I know this happens for a fact!)
“…one day this war is going to end”
From Apocalypse Now
SECONDARYTRADEDESK
Need attorney in Florida willing to go after a “wrongful foreclosure” case. thanks
Cogent presentation of argument using all available elements of discovery and findings found in file.
Drama will not sway a judge – I agree and hope we can start leaving attacks on Judges, coourts, lenders and all of us here.
PS. The article I posted
msoliman@borrowerhotline.com
Admin@borrowerhotline.com
According to Rate The Judges: (few comments though)
http://www.therobingroom.com/Judge.aspx?ID=41
I’ve only talked to three people so far and each of them has started out with their own personal sob-story/ tragedy explaining why they are delinquent on their loans — case dismissed!
Chances are that if you make a cogent, coherent case, lay out the law, and stop presenting yourself to the court as a desperate debtor/beggar chances are you will have a better shot.
Contacting Judge Carney
courthouse
http://www.cacd.uscourts.gov/cacd/JudgeReq.nsf/f6beb3edf125e6e788257272006231a2/06a6850e26e8d94488256d1d005b0a8d?OpenDocument
He has a Harvard J.D.
Cormac J Carney California Central District Judge
is kicking Families out of their homes without any question!!
anyone have info on him?post the info
http://en.wikipedia.org/wiki/Cormac_J._Carney
this explains alot… nominated by that idiot President George W. Bush on January 7, no family has done more to hurt .steal. murder. insult the USA
then the BUSH FAMILY.
Patriciagmac,
Good luck with getting people to take time to help you with your problem for free. How dare you write me and ask me to help you and then insult me when I inform you that I don’t work for free.
I did NOT ask you to contact me. I am not soliciting work in this field. I told you who I am and I told you what you would need to do if you wanted my help. Instead of admitting that you like to steal people’s time and labor, you have the audacity to insult me.
You claim that you have been ripped off by unscrupulous OC lawyers. Based on our limited interaction, I think it is more likely that you demanded more services than what you were willing to pay for and they fired you as a client.
I have blocked you from my incoming email. I have enough problems of my own without trying to lift up free riders.
I have a question about Federal case in CA in July. I filed in Superior Court against GMAC and MERS but they moved the case to Federal Court in August.
Are GMAC and MERS supposed to answer the complaint because I have not received any answer and its been more than 60-days. I tried to read the Federal Rules of Civil Procedure but I didn’t see anything about time to answer. Thanks.
I looked up what the county recorder requires here in Los Angeles, CA. My documents are lacking the first part of number 5, yet they were recorded:
DOCUMENTS RECORDING SERVICES
Each document presented for recording MUST include or comply with the following general requirements. Documents may be presented for recording in person, by mail or by a courier service. The following are helpful items to remember when recording:
1.
The property must be located in Los Angeles County . (CC1169)
2.
The document must be authorized or required by law to be recorded. (GC 27201)
3.
Signatures must be original unless the document is a certified copy issued by the appropriate custodian of the public record. (GC 27201b, GC 27279, Evid Code 1530)
4.
The legibility of a document is important to the quality of the permanent record.
5.
INCLUDE THE NAME OF THE PARTY REQUESTING THE RECORDING and a name and address where the document can be returned. . (GC 27361.6)
6.
The document must be properly acknowledged, unless exempt. California requires an (all-purpose acknowledgement).( GC 27201 , 27289 , 27285 , 27287 , 27288 , CC 1189)
7.
The Assessor’s Parcel Number is required on deeds, trust deeds and mortgages by local Ordinance.
8.
The notary seal must be legible for a microfilm reproduction .(GC 8207)
9.
When recording documents affecting a change in the ownership of real property, include a completed Preliminary Change of Ownership Report. These forms can be obtained from the County Assessor ’s Office as well as the County Clerk-Recorder’s Office.
10.
Standard page size is 8-1/2″ by 11″; other page sizes incur additional recording fees. As for spacing requirements, the first page of the document must reserve a minimum of 2-1/2″ down from the top of the page, of which the left 3-1/2″ across is used by the party requesting recording to enter name and address to which the document is to be returned following recording. The remainder of this space is reserved for use by the Registrar-Recorder to enter the official recording information. With regard to the vertical sides of the page, a minimum of 1/2″ must be left blank on each side of the document. If the first page of a document does not comply with these legal requirements, attach a separate page to the front of the document which meets these spacing criteria and which includes the title or titles of the document.
11.
Documents must be clearly legible in order to produce a readable photographic record. This pertains to the document text, notary seals, certificates and other attachments, such as legal descriptions. (Gov. 27361.7)
12.
Include the recording fees (see Fees), payment can be made by cash, personal check, cashier’s check or money order. Make checks payable to: LA County Registrar-Recorder/ County Clerk . Mail to: P.O. Box 53115 , Los Angeles , CA 90053-0115
No. He’s in Providence. It’s George E. Babcock and his website is http://www.babcocklawoffices.com. Take a look at the site.
Is George at Power Rd in Pawtucket? Doesnt say anything about him being in real estate. Just construction, elder law, etc.
M
What does George Babcock specialize in? Any references?
Michael
I have been working closely with Ron Houchins in an effort to stop the foreclosure of my home and determine a remedy that will discontinue the proceedings altogether.
Mr. Houchins speaks plainly and clearly as he guides me through this process.
With his assistance, I have filed affirmative defenses against the foreclosure, motion for leave to file additional defenses and counterclaims along with a motion to continue foreclosure hearing.
I am most grateful for his assistance and look forward to sharing updates on my progress.
If you or someone you know is in a situation where you need assistance with a possible foreclosure, I highly recommend speaking with Mr. Houchins and gladly provide his contact information. ron.financialfreedom@live.com
With kindest personal regards,
m. redmon
Michael
George Babcock, Esq.
401 274-1905
Looking for an attorney that Gets It in Rhode Island. Any assistance is appreciated.
jack Utter Video
My God. He said Nothing …was he reading a script. Have him call me please……O Lord! STOP
msoliman
213-627-2324
Thanks for the suggestion of Jack Utter. Interestingly enough, one of my lawyer-buddies in the Bay area gave me his number last night.
Sent him an email and will call in morning.
Sorry! Didn’t think the link would do that.
Karen,
Have you tried Jack Utter in Irvine Calif. He has this video out on U-tube
Thanks for the quick response. I am in the City of Buena Park, County of Orange. My case SA CV09-0961-DOC(RNBx) is assigned to David O. Carter in the Central District of California Santa Ana Division.
My State Case 30-2008-00217056, which was assigned to the Honorable Gregory H. Lewis in the Central Justice Center, had all matters stayed pending disposition of the Federal Case on 08/25/2009.
karen.rozier@roadrunner.com
Karen what city are you in & what judge has been assigned to your case in the central district? did you have state claims, were they all disposed of in state court?
I’m still looking for a lawyer in Southern California (US District Court, Santa Ana) to take over my fight w/ GMAC and MERS. The Scheduling Conference is Nov 2, 2009.
OC Case was — 30-2008 00217056 (filed October 28, 2008) but GMAC LLC had it removed to Federal Court in August 2009. NOD was 3/3/08. We’re still in the house.
Willing to work w/ lawyer to help them get it, because I sure do.
One the folks on the “attorneys that get it list” Ron Houchins is one of the best. He has helped me with all kinds of lawsuit issues and foreclosure defense. He is a must use with pleadings and filings. He can be found under Georgia on Attorney that gets it list or ron.financialfreedom@live.com
Guessing the income was fraud. Did they ever qaulify for the adjustable in the first place? Federal Deceptive Lending Practices.
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. huprichlaw@gmail.com
OK, my two cents here:
Any State Bar is 100% voluntary. If I was to make a complaint against a attorney I would make it to the State Supreme Court. I have gotten better results this way…
Also, look up in the law what the lawyers are bound by in their dealings with the general public and did they follow the law. Do a search on them and find out if there have been any other complaints filed against them. Most of the time the bad ones have a number of complaints….
Mortgage Audits
oliver@ipa.net
john
more than that ondrea i’m pretty sure that a services for services deal is a violation of one of the regs the bar has authority to enforce. like one of the rules is maintaining identity of clients funds in a IOLTA account independent from any co-mingling of other expenses, liabilities or monies in the attorney’s personal accounts…. but good luck with the bar, they’re about as passionate about enforcing the rule of law as the courts are. i filed my complaint long ago with them & still haven’t made it passed the “investagations” unit for discipline actions to be filed
this goes out to nick who posted the story about representing himself and the low life attorney who claims to have represented you while you became her free workhorse.
1) file a complaint to bar.
2) she breach her end of the deal to competently represent you .. document every thing she did not file timely and her details of her abuse towards
3)bill her at an hourly rate for all the work you do for her.
It appears this low life attorney is using you for free work while doing nothing nothing for you case. As far as I can tell hiring you to work for free is illegal. you paid her money to represent you, to do her other work for other clients while not paying you for that is illegal. This attorney should be disbarred.
Welcome to the club Nick!
Can you elaborate on why she feels your case will be dismissed.
To Nick, Dying Truth and Others,
I thought this research is perhaps what you may already know and my comment is that there has been no reports coming out of the news or other reporting bodies about any wins in the mortgage honesty movement in any big numbers but I believe like Neil that they will be coming as soon as enough research and the courts get caught up with what is going on like the opinion in Mass….
http://mortgage.freedomblogging.com/2009/08/06/foreclosure-wave-gets-bigger/15037/
This was updated August 6, 2009. It may be specific to Orange County, CA, but it’s symptomatic of problems across the nation.
See the earlier link and chart for a graphical representation of what’s
happening in the mortgage markets.
http://mortgage.freedomblogging.com/2009/05/20/loan-reset-threat-looms-through-2012/10791/
http://mortgage.freedomblogging.com/files/2009/05/reset-chart-for-blog-april.jpg
The chart was prepared by Credit Suisse, and it shows resets out to
September, 2014.
The wave hits (or continues, however you see it) between now and March, 2012.
Mortgage Audits
oliver@ipa.net
john
HA! you see that john? you can tell just by the cal-corrupt attorney pattern of practice, it’s like thier signature.
california oakland
NICK that’s crooked california attorneys for ya welcome to the club, mine waited 8 months to file the complaint collected over $7,000 then tried to get me to dismiss the suit release all claims. so i fired him, opposing counsel filed a motion to dismiss and then the little prick filed a motion of non-opposition after he filed a motion to withdrawl. california attorneys are horrible and the judges are even worse
Nick,
What State are you in?
Mortgage Audits
oliver@ipa.net
john
I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court’s procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys’ and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy’s and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn’t send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator’s responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don’t know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney’s office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don’t want this to happen to anyone else.
I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.
Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.
why is it that courts allow banks, lenders, servicers etc… the advantage of having 1 lawfirm represent them against numerous homeowners but deprive homeowners the same equivelant advantage when seeking to be certified as a class? then they try to use “tila rescission is a personal remedy” yeah its provisions were supposed to be self-enforcing and only brought before the court to enforce its authority upon a lender who does not reply, but the courts aren’t even doing that now, instead they use the last line “unless otherwise ordered by the court” and abuse it to the fullest ignoring all procedural guidelines. more judicial accoutability is needed
I have been drive out of my home, lost many personal items after the writ of possesssion was served. I almost had to put my rotwieler to sleep cause I could not find him a home. All becuase the lenders were to busy stuffing money in there pockets, they broke chain of title 8 times and they are still prevailing. I have managed to keep the new owner of (invailed) trustee sale at bay by the a[ppeals court. My rights as an American has been violated and they now have made me mad. I am a License Private Investgator in the state of California acting in Pro-per in my mortage civil case. I am filing a civil action and pressing charges from the DA’s office for FRAUD. One West Bank ) < Indymac Mrtage Servies Inc was working out a modification becuase I met all the requirements from the Presidents package. NDEx West LLC ( which was sub in after notice of default) had first hand information that there was no note. I put them on notice and they snuck a false trustee sale to another LLC and they both are being investigated for several charges, Now I am going at the Bank full force. They might of won the battle but I will win the WAR
Greenfieldinvestigations@yahoo.com
Does anyone know of a competent attorney in the Metro Detroit Area? My client is with HSBC and the loan mod won’t provide enough relief.
hey I think I know how to track exactly where original notes are you know on trust deeds how when you see copies , you will always see that barcode on the first page redacted well I think that if you are able to scan the original unredacted it will tell you its history and current location
I have a question maybe someone can answer in laymen’s terms.
What would be the differences of a Warranty Deed,
Special Warranty Deed (From Corporation),and
Special Warranty Deed (Corporate Seller) and why would the original builder /seller use any one of these
when they sold the home to the buyer ?
This is down in the Tampa/St.Pete/Clearwater,FL.area.
Any posts I would appreciate or you can e-mail me at
stythomas@yahoo.com
Thanks,
Tom S.
john what are you saying did soliman rip you off?
If the pretend lender (now referred to as “Collection Agency”) has magically received an assignment of mortgage to give them standing to pursue your foreclosure, just point the judge to the case law which governs conveyance of title (In Florida – Check your own states laws for similar statutes).
THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
DGG DEVELOPMENT CORPORATION v Italo Dante Capponi Case No. 5D07-2676
________________________________/
Opinion filed June 20, 2008
..”If a deed is executed by the corporation’s president, vice-president or chief executive officer in compliance with section 692.01, no corporate resolution from the
board of directors is required to evidence the authority of the person executing the document. Such authority is granted by statute. If the person executing the deed does not hold one of these offices, an authorizing resolution must be obtained and should be
recorded. Similarly, if a deed is executed in compliance with section 689.01 (Florida Statute) but is
signed by someone other than the president, vice-president or chief executive officer,
an authorizing resolution from the board of directors must be obtained..”
Action: Strike the Assignment: insufficient as a matter of law, fraudulent, parties are not employed by XYZ Corp, (use discovery as a means to your ends), either way, if they are officers, no corporate resolution filed.
http://caselaw.lp.findlaw.com/data2/floridastatecases/app/app5_6_2008/5d07-2676.op.pdf
I need a lawyer in the east bay area of california, i have started the process with a lawyer but he is only a work comp lawyer, thanks to mahor soliman advice all he has done is taken my money i need to keep the ball going to wear out GMAC thanks
ALL,
Here is the guide to looking up public records for fraudulent assignments. It is based in Florida but can be used everywhere. Any feedback is welcomed, good and bad. If you think something should be added just let me know. We can keep it a working document adding the forgeries that you all come across.
If anyone needs help finding information on your “vice president” or “assistant secretary” just let me know and I will see what I can come up with.
Feel free to pass it on to anyone you think it may help…
http://bit.ly/2Q4toi
Good luck!
4closureFraud
Thank You for posting these links. I was getting tired of telling article writers they should try being in foreclosure before writing about one.
Is mass media beginnig to pay some attention?
This was posted today in CNNmoney.com :
http://money.cnn.com/2009/10/08/news/economy/Predatory_lending_lawsuits_increase/index.htm?postversion=2009100817
(Part 2) Here’s your one-stop “megaphone” where you can E-Mail letters to your elected representatives, talk shows, the media, and even write letters to the editor. Tell them what you think!
http://bit.ly/18N0E8
@4closureFraud
DyingTruth
Posted a reply this morning to you but it got stuck in “waiting for mediation” so i thought I would try again in two parts…
Here is one of the better contact list (part 1) I have come across…
It is all consolidated in one place.
Most Representatives and Senators have ended the use of real email addresses and only use web forms.
http://bit.ly/GJQUF
@4closureFraud
Thanks Alina,
I created the twitter account for the sole purpose of consolidating real time updates regarding the frauds. I’ll see what I can come up with on that contact info you are looking for.
4closurefraud
Foreclosure Fraud,
Love your twitter account.
DyingTruth,
They did con that little old lady. When reading that one year Tila expiration date I thought something was wrong. Under the Comptroller’s Handbook pg. 40 http://www.occ.treas.gov/handbook/til.pdf
there’s a lot more to the Statues and Limitations.
Like how the court dismisses her case by just using the first sentence. I sure hope see did go back and appeal.
The Statues and Limitations also says if state law allows.
Yes under CA CODE OF CIVIL PROCEDURE
SECTION 377 3. An action based upon the rescission of a contract in writing.
The time begins to run from the date upon which the facts that
entitle the aggrieved party to rescind occurred. Where the ground
for rescission is fraud or mistake, the time does not begin to run
until the discovery by the aggrieved party of the facts constituting
the fraud or mistake.
DyingTruth
Here is one of the better contact lists I have come across…
It is all consolidated in one place.
Most Representatives and Senators have ended the use of real email addresses and only use web forms.
http://bit.ly/GJQUF
Here’s your one-stop “megaphone” where you can E-Mail letters to your elected representatives, talk shows, the media, and even write letters to the editor. Tell them what you think!
http://bit.ly/18N0E8
4closureFraud
Foreclosure fraud Do you think you could get the email addresses to everyone in the senate financial services committee? do all of you guys think TILA could be a little stronger? then hound the senate financial services committee to pass the H.R. 1728 bill that they have been sitting on since may
Aint no thang because you could be a business, church or a Quickie mart you still can’t convey real property without a valid real estate license
Foreclosure fraud could you get me the email address of a C0RM@C J. C@RNEY please hey steve check out how rude this guy was to this little old lady & tell he doesn’t need a morality check http://noonanandlieberman.com/media/pdfs/Edelman_v_Bank_of_America_Corp.pdf
Steve,
I set up a twitter account just for this. I have google alerts pull all the relevant data on over 100 key words and post it to the twitter account. It is amazing what it finds. Feel free to follow it at http://twitter.com/4closureFraud
4closureFraud
Under my “Google News Alerts” I have mortgage fraud and predatory lending listed so when every article that comes out I can add to the comments. And over at http://www.affil.org is one of the mass mailings you can join to send congress. But maybe thats not enough. If anyone wants to list their judge or anyones email address who, “doesn’t get it.” I’d be happy to forward my hardship letter. Why should my lender be the only one to have a copy.
OC CA same state as you hey do yourself a favor check here http://search.dre.ca.gov/integrationaspcode/ to see if the trustee that you were/are dealing with holds a valid License because before my loan got transfered Fremont’s Trustee Notarized all those docs, when looking up the license info make sure its the same exact name pay no attention to similars unless it says they’re related
Dyingtruth
—the notarization might be dependent on which state you are in. A while ago I read about what is required in Calif. since both my NOD (notice of default) and the NOS (Notice of Sale) were not notarized (2007). I think I recall that these two documents did not have to be notarized in California (now mine were done long before the Perata 1137 bill was passed and came into effect re: declarations etc.). But please verify that if you can with an attorney or search the laws online. Of course the Perata 1137 might have an effect and I do not know particulars about your docs.
Disclaimer: I am not an attorney and not offering legal advice.
ALSO- I’d be very careful about contacting any judge who is handling your case with emails or faxes —re articles etc.
I’d advise that a similar strategy be used with your lawmakers and President BO.
There are sites online where you can mass send to congress emails.
The congress and PBO needs to help homeowners now and make banks accountable.
All,
urbanlotus, on October 6th, 2009 at 2:21 pm Said:
“Oh and I forgot to mention that there IS A LOT OF MENTION OF NEILS WEBSITE here in the Huffington Post under comments in this article:”
http://www.huffingtonpost.com/arianna-huffington/lack-of-legal-help-one-mo_b_310353.html
Linda”
This is what we ALL need to do…
Post in the comments section in every mainstream article/report/blog post that we come across regarding anything related to these frauds. Send emails to all the bloggers/journalists/reporters mentioning the frauds. Facebook it, Twitter it, Reddit, Digg it, and update your blogs DAILY. Contact your circuit JUDGES through their email address and faxes (I send emails directly to my judge and his assistant once or twice a week, if you need help finding your judges email address just let me know. Figured out a 90% success rate on getting them).
The masses still do not understand what has transpired not to mention the judges. They still look at it as a borrower got in over their head and did not live within their means… That is absolute BS! We didn’t create the inflated home values, we weren’t looking for signatures to fill presold notes, we weren’t “investors” trying to flip houses, or Wall Street selling securities, we weren’t looking to get paid out on insurance or bailouts etc. We were homeowners looking to better our families, our lives, our future, and our childrens future, that believed in a system, a government, that was lead by greed and corruption.
There are so many people that read/contribute to this site. If we all start doing this we can help turn the tide. I know I will…
4closureFraud
don’t NODs NTSs etc.. need to be notarized to be recorded?
HEADS UP IN CA ! PLEASE BE AWARE AND BE CAREFUL!
ON September 29th, 2009 Dying Truth kindly brought up to our attention the following:
“I STRONGLY URGE EVERYONE(IN CA) WHO RECEIVES A NOTICE OF DEFUALT ETC… TO GO TO http://search.dre.ca.gov/integrationaspcode / TO CHECK OUT THE LICENSE STATUS OF ANYBODY CONDUCTING YOUR FORCLOSURE”.
I tried the link and searched for Quality Loan Service Corporation, and it produced a record (and one record only) for an equally named company that was purportedly first issued its license ID #01244892 on 10/23/98; the record lists the same as EXPIRED on 10/22/02; Caveat: the record reads: “(Unofficial — taken from secondary records)”. The Title of this record reads STATE OF CALFORNIA DEPARTMENT OF REAL ESTATE.
Then I searched for the same company name through the Secretary of State California Business Search portal (http://kepler.sos.ca.gov/) and, surprisingly, it produced a record for a company named QUALITY LOAN SERVICE CORPORATION, Number: C1613350, Date Filed: 5/11/1988, Status: active, Address: 2141 5TH AVENUE, SAN DIEGO, CA 92101.
I don’t know what other readers will interpret out of this, but personally I am picking up the following:
1.) It appears that from 10/23/98 to 10/22/02 there were at least two Active corporations in the State of CA with very similar names, one was named “Quality Loan Service Corporation” and the other is named “QUALITY LOAN SERVICE CORPORATION”.
2.) The former is supposedly defunct; the later apparently is still Active.
Conclusion: I am not quite sure that at the moment (State understaffed ?) any CA State information available over the Internet is completely reliable; further, the http://search.dre.ca.gov/integrationaspcode search portal does not seem to pick up all CA corps.
Dying Truth: thanks for your efforts and please do not let this (possible) glitch discourage you.
DanielG
DyingTruth,
I am done for night, but bumbling around I found another snippet on an Attorney website (grammar not so good but advice maybe)
————————————————————
http://timothymccandless.wordpress.com/2009/10/02/the-case-is-lost-when-you-stip-to-the-commissioner/
The case is lost when you stip to the commissioner
2 10 2009
remember this if you forget everything else you don’t have to agree to take a commissioner in your eviction case he has thirty or so cases per day and therefore does not have time to listen to your defenses to the foreclosure or that the sale was not dully perfected . He will politely say I do not jurisdiction to hear these defenses. if they present the Trustees deed its over.
See Cal. Const. Article 6, §§21; 22
CCP § 259(e)
Just read this on FDN website, it apparently occurred in August or earlier by date of the Post……..
http://foreclosuredefensenationwide.com/?p=151
“……….Adding to the recent string of borrower victories, a California Superior Court has granted a Preliminary Injunction restraining IndyMac Bank, First Federal Bank of California FSB, NDEx West LLC, and OneWest Bank FSB from selling, transferring, encumbering, or conveying title to the borrower’s property or commencing any unlawful detainer action against the borrower pending the borrower’s lawsuit against IndyMac et al. The lawsuit was filed by Jeff Barnes, Esq. through local California counsel in response to a threatened foreclosure which is grounded on loan documents containing forged initials and signatures of the borrower on Option ARM documents which the borrower never signed………”
To Deontos
msoliman@borrowerhotline
213-400-3347
DyingTruth
MSoliman has had some noted successes
at the UD hearings stage. Do you have his
contact info?
Dyingtruth,
Did you see Abby’s recent Post with the “Guide” link?
——————————————————————————————
Comment on Find A Lawyer That “Gets It” by Abby in CA
from Comments for Livinglies’s Weblog by Abby in CA
Scott, Scott from California—any updates for your situation?
There is the California Judges Bench Guide (free) about Unlawful Detainer (eviction).
http://www.scribd.com/full/20618105?access_key=key-19hlj78xq5dalregutks
——————————————————————————————
& as far as i can tell i’m still the owner so how can they even get away with any of this?
ALRIGHT GUYS I NEED SERIOUS HELP I HAVE TIL TOMORROW TO FILE A RESPONSE TO AN UD. THE FORECLOSURE WAS CONDUCTED BY QUALITY WHICH DOESN’T HOLD A VALID LICENSE IN CA, WE WERE NEVER TOLD WHEN AND WHERE THE TRUSTEES SALE WAS SO WE COULD FILE A BK FIRST, MY TILA RESCISSION CASE IS IN APPEALS. WHAT & WHERE DO I FILE??????
Scott, Scott from California—any updates for your situation?
There is the California Judges Bench Guide (free) about Unlawful Detainer (eviction).
http://www.scribd.com/full/20618105?access_key=key-19hlj78xq5dalregutks
2009 date.
FYI…once UD is filed, the ‘landlord’ is your lender or foreclosing entitiy and you are the ‘tenant’.
It is chock full of citations you might be able to use.
Oh and I forgot to mention that there is a lot of mention about Neil’s website here in the Huffington Post under comments in this article:
http://www.huffingtonpost.com/arianna-huffington/lack-of-legal-help-one-mo_b_310353.html
Linda
yes well I just sent a client to see it because he has money but somehow just can’t seem to pay the attorney which translates to me getting paid. I told him he needs to see it as education. He said he heard it was a comedy. I told him that it was a tragedy AND a comedy. You go see the film and then you tell me.
BTW, evidently, according to Arianna Huffinton, the cops at the end of the movie LET him run the crime tape around the big banks because of the amount of pension they lost from this bank blowout. There’s a revolution a comin’
Linda
http://www.huffingtonpost.com/2009/10/05/as-economy-crashes-banks_n_310565.html
DyingTruth
Disposable Caskets???
I think they will turn all the people into Soylent Green–hopefully you know of this 1973 film…..people turned into Soylent Green wafers and fed to other humans….remember all the scenes of the homeless?
That ways, they can make even more money….selling the Soylent Green wafers…..
OOOOPPPPs, don’t want to make their scheming brains work much harder!!
Urbanlotus
thanks for the info on Michael Moore film.
I had blogged a few days ago under Homeowners that folks shoud see it as it only supports all of us on this site and in this predicament.
I got blasted by someone for posting that!! The person tried to tell me to go be a communist or something.
I bet that person had not even bothered to see the movie….Capitalism…a love story.
Really, the interviews Michael did with Ohio Rep Marcy Kaptur are terrific.
The attorneys on this site should see the documentary.
Try almond milk…helps stop foreclosures.
I haven’t drank cows milk in many many years mostly because I don’t need any more hormones than I already have. But that’s another living lie that has already been told.
On a lighter note, I saw Michael Moore’s film and think that everyone needs to see it. Everyone. And then they need to protest. How? I have it all laid out in my blog:
http://urbanlotus.wordpress.com/2009/10/06/a-non-violent-revolution-american-style-civil-disobedience-part-2/
Linda
POP QUIZ: WHAT ARE THE TWO MOST PROFITABLE CAREERS IN THE COUNTRY? LAW & MEDICAL. NOW BEFORE THE FINANCIAL MELTDOWN YOU MAY NOT KNOW THIS BUT THERE WAS/IS A COMPANY CALLED MONSANTO (THE ONE WHO MADE AGENT ORANGE), ONE OF THE THINGS THEY CAME UP WITH WAS A HORMONE THEY INJECTED INTO COWS THAT MADE THEM PRODUCE MORE MILK, RUBBERSTAMPED BY THE FDA BUT KNOWN TO MONSANTO, DRINKING THE MILK AFFECTED BY THE HORMONE CAUSES CANCER. TODAY THIS MILK IS STILL ALL OVER AMERICA, ITS USUALLY ALWAYS THE CHEAPEST BRAND LIKE GREAT VALUE, PRETTY MEST UP WHEN YOU THINK ABOUT IT THEY’RE TARGETING POOR PEOPLE AND WHAT’S WORSE THAN OUR GOVERNMENT NOT STOPPING THE INHUMANITY THEM MAKING A BUCK OFF OF IT (HEALTHCARE REFORM) AT OUR EXPENSE, HEALTH & MONEY WISE. WHEN YOU THINK ABOUT IT IT’S ALMOST EXACTLY PARALLEL TO THE BAILOUT BILL SET UP. OUR GOVERNMENT WON’T DO EARTH NOR ITS PEOPLE ANY GOOD UNLESS IT MAKES THINGS CHEAPER FOR THEM OR THERE’S PROFIT TO BE MADE AT THE EXPENSE OF THE MASSES BUT FOR THE BENEFIT OF A FEW. JUST LOOK AT THIER CONCERN WITH THE ENVIORMENT, YEAH THEY PROMOTE RECYCLING BUT ONLY BECAUSE IT SAVES THEM MONEY, BUT WHAT ABOUT OIL? THEY CONTINUE TO SUCK THE BLOOD OF THE EARTH, NOW ONLY TO SEE THE BEGINNING OF THE EARTH DEFENDING AGAINST THE SUCKING OF ITS BLOOD ( KATRINA, TSUNAMIs, EARTHQUAKES ETC…). NOW THIER ULTIMATE GOAL IS TO GET RID OF %75 PERCENT OF EARTHS POPULATION & MAKE MONEY WHILE DOING IT SO THINK TWICE BEFORE YOUR “TERRORIZED” INTO DOING SOMETHING THAT SHOULD HAVE MORE TIME TO CONSIDER BUT THEY’RE TRYING TO RUSH OR GET A FLU SHOT THAT HAS BEEN PROVEN TO BE MORE HAZARDOUS THAN THE FLU THAT THEY HAVE BEEN PREPARING FOR ABOUT 10 YEARS & APPARENTLY WILL BE AT ITS MOST DEADLY IN THE UPCOMING 30-60 DAYS. IF THIS IS TRUE THEN WHY ARE THEY LETTING FRAUDULENT FORECLOSURES FLY THROUGH FOLLOWED BY UD/EVICTION CASES PROCEED IN MASS NUMBERS WITHIN THAT SAME TIME PERIOD LEAVING MILLIONS OF FAMILIES HOMELESS WITH ONLY ONE INEVITABLE PLACE TO GO…. THE DISPOSABLE CASKETS THAT THEY HAVE BEEN PILING UP FOR OVER THE PAST 10 YEARS. ALL FOR THE SAKE OF PROFIT…..
Ok, so where is the list of lawyers and states??
Title of this page is very missleading.
Need help in PA, victim of predatory lending.
Yeah I am Still Up because unlike people just trying to make $$ i do lose sleep over people in unfortunate disspositions as well as my own. Once they file the UD is when you strike back, try to somehow get ccertifiable proof were not licensed nor authorized to conduct the foreclosure(also look to see if NOD etc. was notorized), then you show up to the UD & motion to have it set aside present the evidence that they had no right, then I believe from there you can dispute the right to title.
again please remember I am not a Lawyer and have not gone through this process myself(but soon will prob have to) so ANY PROFESSIONAL CLARIFICATION WOULD BE GREATLY APPRECIATED FOR EVERYONES SAKE(ie. what, where & howto file)…. NEIL ANYONE…
good luck we all need it
dying truth:
You asked me awhile ago who my Hard Money lender was. …I dont know it was at 13.9 % and i barely got approval and the next day the lender pulled a fast one and Auctioned off the property..
I called theCounty today and got the file number for the UD that hasn’t been served to me yet, and i have access to one of the Attorneys that speaks at Neils Seminars and has alot of input on all the present issues.
I have a finance problem right now so until I can retain him I am on my own.. I paid 5 dollars for that foreclosure guide hosted on Scribd and I think i found a couple of discrepencys so now im even more confused what to file tomorrow.. If your still up and can direct me to a lemans order of actions that would save me some time.
Good Luck to all on your Quest for Truth.
I’m not sure I was hoping Neil might have an answer….
dyingtruth,
thanks for the obvious.
I looked up companys name and the person who signed trusttee sale notice and they are not coming up with any results.
The person who signed the notice of default has a signature I cant read but it is defenitely different from the trustee note signature??
What comes from this??
I STRONGLY URGE EVERYONE(IN CA) WHO RECEIVES A NOTICE OF DEFUALT ETC… TO GO TO http://search.dre.ca.gov/integrationaspcode/ TO CHECK OUT THE LICENSE STATUS OF ANYBODY CONDUCTING YOUR FORCLOSURE
HEY EVERYONE HAVE ANY OF YOU HEARD OF “GIANT GATE GROUP INC.”? THIS COMPANY SHOWED UP ON MY FRONT DOORSTEP TO HAND DELIVER AN OFFER OF $700 TO HELP EVICT US AND THREATEN TO FILE A SUIT TO TAKE POSSESSION OF MY PROPERTY. NO TRUSTEE’S DEED HAS BEEN RECORDED MY CASE IS IN APPEALS SHOULD I FILE A MOTION TO STAY PROCEEDINGS IMEDIATELY OR WHAT?
Looking for a lawyer regarding a foreclosure case’s in Oregon
Emmett and Orslynne in Dallas we spoke with a Lawyer out of Houston just a few months ago and we were to forward info for them to take our case unfornate we loss their info could you please contact us via email either the one that is given or at emmettwashington@gmail.com and referance what we spoke of please we certainly would like to get started ASAP. Must be familar with conditional acceptance and 1099s or be open minded. I look forward with talking with real people of honor and integrity and working with honest lawyers you all are a breath of fresh air and hope for the american people.
Michael G–who is the attorney in San Diego you work with? Please let us know.
Investors and borrowers:
West Virginia Investment Management Board 2nd plaintiff firm named alongside the Public Employees’ Retirement System of Mississippi in Morgan Stanley Class Action Complaint For Violations Of Federal Securities Laws
http://securities.stanford.edu/1043/MS09_01
Neil,
Thanks for all the info on your blog. I am doing Forensic reviews for many clients with great out comes. I work with a San Diego attorney who is not listed on your list. He seems to be doing a great job at reasonable prices. He is one of the few attorneys who is actually doing the work. He has helped several of my clients. Because this is such an evolving industry I am getting request from people in Michigan. Do you have any attorneys who do this type of law in Michigan you can recommend?
Mike,
You need a forensic audit by a certified fraud examiner and expert, then you need to sue the lender. I would be proactive. Since you are not in arrears or have a foreclosure pending, it looks like you can take them to task. I have more info if you want it.
You also need to inform the FBI. They do have CFE’s onsight and it’s my understanding that they have a task force in place to address mortgage fraud but I am not sure if you will get damages for any thing they come up with, but we can check on that.
I can do a bit of research for you. There are others on this sight that can help but I wouldn’t have anyone who isn’t certified as a fraud examiner do any audit for you. Some are experts but quite frankly because of the current climate, better to have someone who is credentialed.
Linda
advancedparalegalservice@gmail.com
I have sent e-mails to the list of Lawyers “Who Get It” well I guess they don’t?? I have a home I purchased on 8/29/08. With copy and pasted in signature of the seller and whited out name of the co-seller on the HUD-1. I have the ORIGINAL document also alot of the docs don’t mach numbers in referance to the good faith estimate. I am not in forclosure nor in arrears on my mortgage everything is up to date. I do know it is against the law to forge someones name. Big question is how do I know the co-seller got paid when his name is on the page 1 of the HUD??? And he did not sign the HUD..I am in New Mexico
Looking for attorney in Florida tol take a house to Quiet Title–
I have three properties that have predatory lending practices that I have owned. all 3 have been foreclosed on and have changed hands so many times through the process tahtwe have letters stating they are working on a loss mitigation with our loss mitigation companies and froeclosed on property within the same week. I need to find an attorney in the cnetral texas area(austin) that gets it on how to work with the kansas city supreme court decision in doin work with these mortgage companies. I still live in one have mecahnaics liens against the properties and have been able to stall any sales of 3 properties for over 2 years.
My partner and I have 6 properties in Milwaukee and I need any info on lawyers that can help me in the foreclosure discovery. Any assistance would be greatly appreciated. Bob
Don;
It has NOTHING to do with Master Servicer who looks after the CF (cash flow) while Trustee shepherds INVESTMENTS (looks after the Investors).
Master Servicer is limited by GAAP ACCOUNTING RULES! . . . and Trustee is free to do as he or she sees fit. (Not anytime soon). FASB and GAAP say no way! Any reduction in principal is called a “Novation” and that EXTINGUISHES the old debt as a payoff . NO CAN DO! (maybe ….big maybe here – a Government owned bank like WaMu / Chase or Fannie Freddie obligations)
Anyone working a Loan Mod is ….Well! It’s not going to happen! M-O-D-I-F-I-C-A-T-I-O-N-S don’t happen where you are seeking a principal reduction.
admin@ borrowerhotline.com
Msoliman
Perhaps this is why my sub-servicer offered a B.S. loan mod, then came back and said we didn’t make enough to qualify for a loan mod
Section 10.02. Prohibited Transactions and Activities.
The Master Servicer with respect to the Mortgage Loans shall not consent to any modification of any such Mortgage Loan for which the consent of the Master Servicer is required under the applicable Purchase and Servicing
Agreement under which such Mortgage Loan is serviced, that would (i) increase the interest rate in respect of such Mortgage, defer for a period in excess of six months or forgive the payment of any principal or interest, reduce the outstanding principal amount (except for actual payments of principal), increase the Servicing Fee on such Mortgage Loan or extend the final maturity date on such Mortgage Loan, or (ii) result in a substitution or release of collateral or in the provision of additional collateral for the Mortgage Loan, unless the applicable Mortgage Loan is in default or default is reasonably foreseeable in respect of such Mortgage Loan, or the Master Servicer has received an Opinion of Counsel (at the expense of the party requesting consent for such modification) that such modification will not result in an Adverse REMIC
Event.
EVERYTHING YOU WANTED TO KNOW ABOUT SECS BUT WAS AFRAID TO ASK*
*How to Find who Really Owns Your Mortgage, who is the Servicer, and who is the trustee.
The Pooling and Service Agreement is the legal document that contains the responsibilites and the rights of the servicer, and the trustee over a pool of mortgage loans.
The Most Important information you will find is the name of the original lender and the title of the pool of loans.
START HERE:
Click on Prospectus Supplement (.pdf) to open the document.
1) Find date that loan was closed (example June 1, 2002)
2) Go to http://www.sec.gov
3) Click on Search for Company filings (under category filings and forms)
4) Click on Company or Fund Name…..
5) Enter the name of the mortgage company that originated the loan
6) You will see a list of different pools of mortgages, (for example if we were looking at Ameriquest, we would find “AMERIQUEST MORT SEC INC ASS BK PAS THR CERTS SER 2002 2. (indicates loans closed in 2002)
7) If there is more than one choice per year you may have to try several to see the correct one.
9) In document click (CTRL-F) and search for “Summary of Supplement”
9) Aha! Closing Date (if this is the correct document your mortgage should have closed before this date). Trustee (is the legal holder of the mortgage), master servicer, sub servicer, all unmasked!
10) Now go to the table of contents and find Pooling agreement and find the page
11) This will tell you all you want about authority is has for workouts, loan modifications, who gets paid.
P.S. YOU NOW HAVE THE TOOLS – USE THIS INFORMATION TO CORNER THEM IN DISCOVERY!!!
Nobody fits the criteria.
Good work JD I only hope that some justice is brought to your situation considering the fact that the people (if that’s what you call them) we depended on to protect us and our rights have failed us miserably It is time for CHANGE, Change how and when we elect a new President of The United States of America and Specify Exactly who fits the criteria
I am not sure if the following is helpful…
Saturday, January 5, 2008
Securitized Trust Did Not Meet Florida UCC Requirements for Enforcement of Lost Mortgage Note
The Florida Fourth District Court of Appeals decided an issue quite pertinent to today’s foreclosure environment in the case of StateStreetBank and Trust Co., Trustee for Holders of Bear Stearns Mortgage Securities, Inc. Mortgage Pass-Through Certificates, Series 1993-12 v. Harley Lord, et al., 851 So.2d 790 (Fla. 4th DCA 2003). The Court held that StateStreet could not maintain a cause of action to enforce a missing promissory note or to foreclose on the related mortgage in the absence of proof that it or its assignor ever held possession of the promissory note. Section 673.3091, Florida Statutes (2002).
StateStreet filed an action in the Circuit Court under section 71.011, Florida Statutes to reestablish the lost promissory note. The Court of Appeals upheld the lower court’s decision and held that the right to enforce the lost instrument was not properly assigned to StateStreet where it was found that neither StateStreet nor its predecessor in interest possessed the note and StateStreet did not otherwise satisfy the requirements of section 673.3091, Florida Statutes (2002) which is Florida’s version of the UCC’s article on negotiable instruments. The court noted that it was undisputed that the note was lost before the assignment to StateStreet was made.
In footnote one, the Court noted that the enforcement of lost promissory notes, which are negotiable instruments, is actually governed by section 673.3091, Florida Statutes and not section 71.011 which governs enforcement of lost papers. It should be noted that the case of Mason v. Rubin, 727 So.2d 2883 (Fla. 4th DCA 1999) previously held that the reestablishment of a lost promissory note which is a negotiable instrument is controlled by section 673.3091, Florida Statutes (1993) and not section 71.011, Florida Statutes (1995). The court explained that section 71.011, Florida Statutes (1995) provides for establishing lost documents “except when otherwise provided” — the implication being that section 673.3091, Florida Statutes (1993) otherwise provides. The court also characterized the provisions of section 673.3091, Florida Statutes (1993) as “more stringent requirements” than section 71.011, Florida Statutes (1995).
The Court explained that pursuant to section 90.953, Florida Statutes, (2002), Florida’s code of evidence, the plaintiff in a mortgage foreclosure must present the original promissory note as a duplicate of a note is not admissible. Otherwise, the plaintiff must meet the requirements of section 673.3091, Florida Statutes to pursue enforcement. W.H. Dwoning v. First Na’tl Bank of Lake City, 81 So.2d 486 (Fla.1955), Nat’l Loan Investors, L.P. v. Joymar Assocs., 767 So.2d 549, 551 (Fla. 3d DCA 2000).
The Court further explained that although it and the Third District Court of Appeals have held that the right or enforcement of a lost note can be assigned, here there was no evidence as to who possessed the note when it was lost. See Slizyk v. Smilack, 825 So.2d 428, 430 (Fla. 4th DCA 2002), Deakter v. Menendez, 830 So.2d 124 (Fla. 3d DCA 2002). In Slizyk, the Court allowed the assignee of the note and mortgage to foreclose as the assignor of the note was in possession of the note at the time of the assignment and therefore the right to enforce the instruments was assigned to the assignee as well. In contrast, here the undisputed evidence was that the assignor never held possession of the note and therefore could not enforce the note under section 673.3091, Florida Statutes (2002). As the assignor could not enforce the lost note under section 673.3091, it had no power of enforcement which it could assign to StateStreet.
The court noted that it did not reach the question of whether Slizyk and National Loan could be applied to allow enforcement of a note if there was proof of possession by an assignor earlier than the most immediate assignor.
It should be noted that in 2004, section 673.3091(1)(a), Florida Statutes was amended to allow enforcement of an instrument if the “person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred.” It is not clear that this amendment would have changed the court’s decision in StateStreet.
StateStreet was later cited with approval by Dasma Investments, LLC v. Realty Associates Fund III, L.P., 459 F.Supp.2d 1294(S.D.Fla.2006) where the court held that if a party is not in possession of the original note and cannot reestablish it, the party cannot prevail in an action on the note. In Dasma, the court explained that in Florida a promissory note is a negotiable instrument and that a party suing on a promissory note, whether just on the note itself or together with a foreclose on a mortgage securing the note, must be in possession of the original of the note or reestablish the note pursuant to Fla. Stat. § 673.3091. See, Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy.S.D.Fla.1985).
StateStreet was also cited with approval in the case of In re American Equity Corporation of Pinellas, 332 B.R. 645 (M.D.Fla.2005)(Paskay, J.) where the court held that a party must comply with section 673.3091, Florida Statues in order to enforce a lost, destroyed or stolen negotiable instrument. It is noteworthy that the court found that the creditors’ affidavits merely stated that the creditors had searched for the original promissory notes but were unable to find them and failed to state that the creditors ever received possession of the original promissory note.
Scott what’s the name of your hard-money lender & the broker?
Go search on the internet for the Calif. laws regarding foreclosure process. In California Civil Code.
Also search on the California laws for service of the summons and complaint for foreclosure.
The process server will try to hand the summons/complaint to you in person.
Posting on the house is part of the process too by the trustee.
Read up on the new Perata senate bill in California. SB 1137.
Go find Tim McCandless Esq website. He has lots of information on Calif. foreclosure.
One more question,
Do i have to be served the notice?
If they post on the house and im not there the process could unfold and i wont even know..
Well if eviction letters are important to post on the house so the heck should the NOTICE of TRUSTEE SALE UNDER DEED of TRUST which was never posted,
Abbey thank you,
I had read your story and comments before and im glad that you replied to mine.
Im in Calif, and the private lender go it back.
What i am worried about is I moved OFF the property to my ex girlfriends who happens to live next door to the lenders SON.
He knows were im at physically & posession being favored iby law do you think I should I high tale it down there and move back in the house just as planned.
He wants my house and he knows that I nearly just finished a completye renovation and I after I got a hard money loan I defenitely was moving back there asap..
I think I answered my own question, I need to move there and keep posession. I love that house and I was set up to lose it after I fixed it up.
Abbey, or anyone what paper should I file first to stop them from either selling it or moving some one else there. You know move in the local gang to flush me out. I m callin a LL attorney out of S.D. right now..
A divorce lawyer… too funny.
The divorce has been long gone, with the house gone shortly after that. It’s hard to divorce an MIA Wife.lol The divorce process provied a perfect catch 22. Unable to buy out wife without refi, unable to refi without quit claim. We could say she was less than cooperative, as well as out of the country.
Anyways in short, I was hoping for Neil to get whiff of the question as he is familiar with my case. But our Deed legally has/had my name all over it as well as the mortgage docs assoc. with the note. Although the Note was in my wifes name, I WAS REQUESTED TO INITIALIZE MY NAME DIRECTLY NEXT TO HER SIGNATURE. The MORTGAGE had both our names as required by Fl law.
The bank (DOUCHE BANK aka HomEq) refused to deal with me after my wife’s departure and refused me the right to payoff the perfect payment loan when the interest was about to change. Theri claim was they could not talk to me even after the situation was made clear. They even refused to work with the SAME BROKER that put us into the home to begin with.
Anyways… a simple answer to the question would be great. ANYTHING WITH PRECEDENCE. Come on Neil you guru you!
Best wishes,
JD
Wife MIA-have you spoken to a divorce attorney about your situation with wife MIA who owns the Note but your name on loan?
First take, and I am NOT an attorney, is that you have responsibility to pay but don’t own any interest in the property? I don’t know what your deed says either.
Best to talk to an attorney.
Scott
first look on Living Lies for attorney’s that get it…go there and there is a list of california attorneys.
Be aware, that you do not have to move out just because of a 3 day notice to quit.
Now, I am not an attorney but this is what happened to me.
3 day notce to quit scotch taped to front door last Oct. 31.
Next process server will try to serve you with Summons and Complaint for an Unlawful Detainer Action (eviction lawsuit).
Once you are served with these papers, and keep good notes on that process, then you will have a very fast moving lawsuit in Unlawful Detainer–these speed thru the courts and the end result, if you do nothing, is that there will be a judgement and then a Writ issued by the judge. The sheriff will provide you with a move out notice (they do not give many days 5-7?? ) and if you are not out then, they come and move you out with some of your stuff being placed on front lawn.
Now, I had a ‘bad’ service and was able to contest that in UD court so they had to start all over with the summons/complaint service upon me.
Later I filed a mortgage fraud, TILA, predatory lending complaint in the Superior Court of California.
3 Day Notice to Quit last Oct. 31, 2008. I am still in my home fighting for it.
HIghly advise you to contact an attorney immediately from the LL list. Go in person to meet them. Check with State Bar of Calif on their licensing.
Read as much as you can on this website.
NOTE: if you don’t have funds to hire an attorney, like many of us, you can represent yourself in court(s) as a pro se.
Thank You moderator .. That was magical!
Your site is great and gives alot of hope to people, including myself thinking that I would get some referrals..
But how could I if the posts are heavily edited for the good ones or bad.. How do you decipher which persons house and lives are more important..
I had a couple day window and thats gone tomorrow is day 15 post Trustee sale.. HELP
Thank you for keeping this website alive everyone!
I want to contest the validity of the auction itself on a couple of very strong points.
Tomorrow is the 14th day since the auction. The property went back to a private lender and I heard the now Owner is trying to serve me with a 3 day move out order.
What do I need to do to stay in posession?
Does the situation change if I dont live there but pay the utilities? I was in the process moving back there.
Thank You
Any info on a Attorney in O.C. Calif would be great.
First of all will everyone stand and applaud Neil Garfield for his website.
This website is hands down the most valuable asset to any homeowner or prospective homeowner; in trouble or not in trouble that
one could pray for.
I am in need of a Attorney “that gets it ” ASAP..
My matters are very complexed and I have written below questions that I have.
The questions are derived from a incident that reflects my question..
I have allready typed out a detailed version of this posting if needed.
My property had around 200k in equity after I had done a complete renovation while under the Ch:13 protection.
I had no offers and filed 13 a second time. The lender had scheduled a Auction date to be 5 days after my BK hearing in hopes
that his request for dismissal would be granted..
My case was dismissed because of NO show, my Attorney was DISBARRED 2 weeks before and I didnt know.
* I called 10 days before the sell date to ask for reinstatemnet. They knew that I wanted to reinstate and had cash on hand. They
also knew that the private lender wanted to be paid in full.. They emailed me the figure 4 days before court telling me i had to pay
the loan in full because I was within the 5day right of the lender.. I called 10 days before and 7 days before.
* The owner postponed the Auction telling me to get funding he told me will sart with 10 days and will talk then. After changing
his mind he gave me 3 days at a time. Having canceled 4 times which was the 13 day after the original Auction date he decided
not to postpone and told me that morning.. My Loan broker called to tell him that we had funding in 1 week and they we worked
there tail off to make this work. Lender wouldnt wait. I didn’t even have time to organize broker to go to the auction
* After my second dismissal the reconveyance company told me that I had a 12 month bar against me filing BK again. This was
a complete lie. He said that to keep me from postponing. They knew that I had huge escrow.
* ARE the reconveyance company allowed to have such a control on the real estate market, being that I was mislead and there
procedures had some error in them.. . I started to look into the company after the fact, I thought they were just a little hole in the
wall company not being very professional about matters when I called.. As it turns out they give seminars on buying foreclosed
homes. The owner himself talks about being able to buy back propertys that go back to the beneficiary for dollars over the
opening bid because there is no bidding war.
I feel like I was the prey on one of those illegal trips were they bait the bears and wait..
* Just does not make sense to anyone how a property that clearly is opening cheap, and I had it on the MLS and all over the
internet with great pictures and a listing price up to 400,000 which was still under valued.. And there was not a bid.
* I tried to pay the arears within 30 days of my Notice of Default and was told to pay all taxes first and there fees.
* Are the all the fees allowed to be included in the reinsatement figure.?
* I never physically received a Notice of Sale for the second auction and had to follow it very carefully
* There was never a Notice of Sale posted on the property itself for either one of the sale dates..
* Were they allowed to schedule the second auction date while I was in Ch:13?
* Aren’t they required now to offer me some sort of way to stay in my home by reducing the intrest or modifying the loan.
THANk you for reading please send me a contact information for a Attorney ” that gets it”..
Quick questions: ( I have searched for the laws regarding this subject with no results.)
If your wife leaves (gone, M.I.A.) with the “Note” in her name, yet as we were married I am on the mortgage docs, DO I HAVE THE RIGHT TO PAY OFF THAT MORTGAGE?
And: Is it illegal for a lender to refuse me the right to pay off said mortgage when the loan was in good standing?
And: Is there grounds for legal actions and damages if the lenders refusal to deal causes the loss of the home/residence?
I NEED PRECEDENCE!
Thanks.
Homeowners – Interesting reading for those who had loans with servicers that went belly-up:
http://www.consumerlaw.org/issues/financial_distress/failed_banks.shtml
Neil- of all posts, the “liar’s loans” post is not showing up. It seems to be loading and then it cuts off. I really want to read and study this, as I feel that the preponderance of “liar’s loans” were in fact originated by the “lenders” in order to feed the securitization chain, and the news media drivel has served to obfuscate the liar’s loans source. Can you make this available asap? Also, my offer still stands to underwrite by 50% the cost of a weekend conference here in ne pa which will be oversubscribed by my connections/ Period. Get this post up PLEASE. thanks, Ian
I am a forensic loan auditorand have used ‘lack of evidence of assignment of note’ very successfully in my audits and in the Qualified Written Requests I write.
Another trick that works well is to request the ‘agency status’ of the foreclosing party if they are a trustee or servicer. A little note that you’re seeking evidence that the principal holds the note at the time of foreclosure is also a great tactic.
It works–I’ve stopped foreclosures on the strength of the audit alone and have gotten people out of lawsuits, lowered principals and have staved off NODs going on 2 years now.
Have faith, people. Finding the right people is key, of course, but be tenacious–it works. I’m in the process of quieting title to my own home and that’s how I got started doing audits.
A question for Neil.
Neil considering that Sept. 10 was the one year anniversary of the bank buying back my house at the court auction… you know the circumstances.
I have found an attorney that may help with a Quiet Title action. Is it too late to file such an action?
Thanks for your help.
JD
admin:
Please read link posted by Neil 9.8.08 on Lis Pendens.
Here is an excerpt:
“The foreclosing party must step forward and request that the lis pendens be removed. They will do that because any bid at the foreclosure sale will be subject to your claims in the suit you filed against the “lender” at al. This is another opportunity to “win at the beginning” since the “lender” is now required to justify the its authority to have given notice of delinquency, notice of acceleration, notice of default and notice of sale..”
Full Posting:
http://livinglies.wordpress.com/2008/09/08/foreclosure-offense-and-defense-lis-pendens-usury-and-california-exemption-for-banks/
Ian, filing a lis pendens on your own property (followed by an actual complaint (e.g. federal lawsuit) creates an (additional) cloud on your title. Your effectively creating another layer against lenders foreclosing and obtaining good title.
Florida defense team- could you explain in layman’s terms exactly how and why filing a lis pendens on one’s own property would work? I like your straightforwad no nonsense posts. Having filed the lis pendens, what would happen next?
So Obama, I mean Soliman,
Are you saying that you didn’t say anything at all…? Is that what you are saying…!
Mortgage Audits
oliver@ipa.net
john
There is a new comment on the post. / Author: floridadefensteam /
Comment: “Show the lenders they made a fatal mistake and turn the tables on them”.
1) File a Lis Pendens on your own property.
** Not without an attorney and perhaps a bond.
2) Put your QWR’s …. to answer
** HUD is lost to this deal.
[( Yet this is so critical here for a reason. So think and hold the emotions for a second!)]
3) File suit in federal court for violations of RESPA, TILA, FDCPA, FDCPA, etc…
**Only to get kicked out of “District” jurisdiction fast with a swift boot in the Ace!
(Major leagues here people!)
4) Obtain an injunction.
**Really, to stop what! Oppress the lenders rights to a lawful recovery for TILA and RESPA violations that have outrun the statute of limitations.
Hey, it takes big baseballs to sling the comments at Judges as some of you do as of late! My God – it’s not smart in a public forum! Or what is it you know for a fact and can share with us? The professional qualifications of prospective federal judges are closely evaluated by the Department of Justice. HELLO! District judges are appointed by the President of and approved by Senate. (Note – The President does often appoint judges who are generally supportive of their political party. However, that doesn’t mean that judges are solely selected for partisan reasons . . . well? ).None the less it’s the Senate Judiciary Committee that undertakes a separate examination of the nominees.
[(Please use my comments as a rebuttal. No reference is made to the author of these or any comments provided herein!]
admin@borrowerhotline.com /
www. borrowerhotline.com
Now no one can leave: “I will never forget the look on their faces. All eight of them. Their faces dropped. All their courage and strength was drained right from their bodies. They had reputation for breaking up bars, but they knew that instant, they’d made a fatal mistake. This time they walked into the wrong bar” – Bronx Tale
Show the lenders they made a fatal mistake and turn the tables on them. File a Lis Pendens on your own property. Put your QWR’s and Debt Validation efforts into action. File suit in federal court for violations of Respa, Tila, FDCPA, FDCPA, etc… Obtain an injunction. Now no one can leave….
posted by floridadefenseteam@comcast.net
fight foreclosure-
The judge stayed the order for Fed to reveal the names of banks………
http://www.reuters.com/article/governmentFilingsNews/idUSN2838405220090828
Cheryl, on September 7th, 2009 at 9:55 pm Said:
Hi Cheryl,
I have emailed you posted information to an attorney I work with in Ohio. We can set up a conference call to which I can call you and 3 way you in.
If you are interested in doing this contact me directly at oliver@ipa.net
Thanks,
Mortgage Audits
oliver@ipa.net
john
Didn’t I say some thing about that oh well, anyways I stumbled across this some thing about “FRCP 17(a), Ratification of Commencement & Real Party In Interest” link> http://adask.wordpress.com/2009/04/02/frcp-17-ratification-of-commencement-real-party-in-interest/
and figured hey the people not in nonjudicial foreclosure states might be able to use this…
Cheryl
I would advise the attorney at no cost or at least qualify your belief counsel is clueless. People need to realize a great case and claims are not of consequence many times with regards to the interim occupancy. reality hits home when the cost to stay in a home and fight a defense are overwhelming.
Best defense is to file a complaint, move out and take the offense (non judicial states and power of sale examples).
Fight for you rights and seek claims for damages – no one is protesting that in the government. Its just very tough very very tough to wage two wars – especially pro per and fight both battles in a recession. Occupancy cannot REALLY be won until title issues have prevailed.
MSoliman
http://www.borrowerhotline.com
213-880-6288
So be it…..rhetorical discourse is not intended to be a personal attack. I know what is the problem. I know what the lenders fear as liability. i know what the lenders counsel is telling them about settlement or take at chance at becoming exposed. I know what the rules are according to GAAP . We had another case DISMISSED ON FRIDAY AND WON A BIG MOTION IN ANOTHER CASE THE SAME DAY.
If my argument prevails the lender must settle on a better deal for you and that keeps you in the home and affording the MODIFIED payments. If the lender over comes my arguments they open the Pandora box and risk going to jail. Plain pure and simple.
Every one here (with a right and left ear) who contributes should be admired for the effort. If the response is based on a recent article, some conjecture and an abundance of Voodoo…then as Paul Harvey would say “GID Dayyyyyyy! –
I won’t opine and render some HYPOTHESIS when the basic elements for defenses stand solid as Mt Everest and both conditions precedent and subsequent have not changed since 1999. I DON’T STUTTER !
Some people make it to the summit and I commend them . Most make it some distance UP and then quit while some never come back at all. Climb Mt Everest and get the exercise friend. But like the Queen of Soul – I do RESPECT here. – just do not always agree.
Believe it or not!
So be it!
MSoliman
Admin@borrowerhotline.com
Here is a Freedom of Information Act suit Bloomberg and the Fe d Reserve, is it a potential view of things to come?
http://www.zerohedge.com/article/federal-reserve-loses-bloomberg-foia-lawsuit-sensitive-disclosures-forthcoming
Cheryl,
If that doesn’t work I’d suggest conacting Dennis Kucinich he’s a Rep for Ohio & from what I’ve observed a decent understanding person. Good Luck We all need it
I placed a comment in july, so here is an update…..my loan servicer Ocwen has been deemed invalid so my loan went back to HSBC. We received a letter stating that we had a court date set for October 8th. September 3rd we received a letter posted on our front door stating that we have 10 days to vacate the premises. We were not notified in between time as to what was going on we were just waiting for the October 8th court date. The same judge that set the court date is the same judge that signed off on our eviction. The lawyer that we have been working with is not a real estate lawyer, she was appointed to us through a program we have in our county to help us with legal counsel to save our home. When I spoke to her she was not notified either of this eviction and I don’t think she has a clue as to what her next move should be, I mean when I asked her what should be done, her response was….. IM NOT A REAL ESTATE LAWYER but I will file a motion on Tuesday. I mean I feel like im in the twilight zone. Its like HSBC said well, okay, the loan is invalid with Ocwen so the hell with us its back with us now and we will do what ever we want to do which they did…. It seems to me that the judge dont have a clue, my lawyer definitely dont have a clue so were just here like stool pigeons.
Im VERY ANGRY, and something has to be done. I have rights and feel as though they are being taken away from me. Im depressed, distraught, and confused.
I need someone to help me and my family. Im going to contact the lawyer that is posted on this website for Ohio and hope that he can give me some guidance or just takeover my case. I hope that he REALLY DOES GET IT because Im counting on it.
Wall Street Betting on Life Insurance Policies Now
http://chattahbox.com/us/2009/09/06/wall-street-vultures-betting-on-death-if-you-die-early-they-cash-in/
Anyone interested in tactical considerations – please read our latest blog posting on this site at: General Tactical Considerations. Link is on the left side of this blog. Comments and debate are welcome!
To Author Jim West:
You said:
Find someone local with a license who has actual experience.
My question, someone local with a license who has actual experience in WHAT?
I have called over a dozen attorney’s in Arizona asking who would be willing to take a case on a retainer – contingency bases but to no avail.
I have yet to have or see a case of an attorney in Arizona who knows how to argue most of the valid arguments being TILA, RESPA, UDAP, FDCPA and other areas of the law.
I am not speaking bad of you or belittling you; I am just speaking the facts based upon personal knowledge.
Please check my post; Mortgage Audit, on March 30th, 2009 at 2:44 pm Said:
If you are an attorney “who get’s it” and who would take cases on a $2500.00 retainer / contingency bases I have a large number of cases I want to bring to your office…
I have cases of wrongful foreclosure, are you our attorney?
Mortgage Audits
oliver@ipa.net
john
Steve
It was not I saying about the PSA. I also do believe that
each PSA may be different. There is no generic PSA.
Thus, I recommend that you obtain the PSA signed between whatever entitites (lenders, banks etc.) are involved with your own mortgage loan. I think this is imperative.
A very interesting read for Californians:
Regulations of the Real Estate Commissioner as contained in the California Code of regulations Title 10. Investment Chapter 6 Real Estate Commissioner
Article 1
2844. Lending Practices for Nontraditional and Sub-prime Mortgage Products.
http://www.dre.ca.gov/pub_relaw.html
2845. Interpretive Opinion Request
To Dying Truth:
Well said. Let me just add that if the Note was securitized that it is no-longer a Note but a Securitized Instrument (source: Federal Register) which can no-longer be enforced in a court of law / in equity and cannot be “converted” back into a NOTE.
Just think about this and let it soak in. Now tell me a Judge qualified enough to hear a case such as this. There is not ONE Judge that can sit and have 2-cents of an opinion….
Show me where a stock or a bond can be used in a foreclosure action as the promise to pay. Show me case law.
I know they (the Judges) can contribute to stall this off if they want to or if they are told [by the gov] so that the masses will not storm Wall Street and the White House to THROW THEM ALL OUT!
Let’s stay on point here folks…thanks….
Mortgage Audits
oliver@ipa.net
john
alright I’m going to try this once again…. with respect to John Like Neil Said Challenge EVERYTHING and despite how often Soliman insults my comments he does “occasionally” have “some” insightful perspective, and as far as my comment goes I really wouldn’t consider the identity of the actual person that could be holding your note(possessing the ability to enforce it), could negotiate a modification with(if need be) and possible receipiant of BailOut TARP funds(thus removing any standing the investor would have let alone scummy middlemen) “non-essential matters”
Now enough with the local hostility if we’re all going to succeed we all have to do it together United We Stand Divided We Fall that is the only logical option remember it’s Us against them not Us against Us
MSoliman and Others:
I was hoping that those commenting would stay focus on the “real” issues and not drift off to other non-essential matters.
I have sent over 30 emails to purported in the know financial news contributors to which I have yet had one contradict my findings on a Note that has been securitized.
Not one has responded to my question on this blog site.
With no response it is deemed correct. That is the position that will be addressed now in our pleadings.
Mortgage Audits
oliver@ipa.net
john
The savings and loan crisis of the 1980s and 1990s (commonly referred to as the S&L crisis) was the failure of 745 savings and loan associations (S&Ls aka thrifts). An S&L association is a financial institution in the United States that accepts savings deposits and makes mortgage loans. The ultimate cost of the crisis is estimated to have totaled around $160.1 billion, about $124.6 billion of which was directly paid for by the US government—that is, the US taxpayer, either directly or through charges on their savings and loan accounts[1]—which contributed to the large budget deficits of the early 1990s. m.soliman
The Freedom of Information Act (FOIA) provides that agencies have 20 working days to respond to requests.
Tough! Judicious economies of scale favor the Wall Street lender over an individual action. You need more firepower.
msoliman
Has anyone considered a FOIA Lawsuit regarding the “confidential identities” of the “holders in due course” requests made to all the servicers. The one about the identities of the TARP receipients Won in court maybe that would shed some light on a very dark area
More stuff on S&P:
http://www.pbs.org/now/shows/446/index.html
I love the IM where one employee states, “It could be structured by cows and we would rate it.”
No wonder they wanted First Amendment Protection.
From today’s JD Journal:
S&P’s First Amendment Defense in Mortgage Backed Security Ratings Case Rejected by Federal Court
Thu, Sep 3, 2009
Home, Justice, Money
When the bubble burst on the housing market, it triggered a chain reaction in part because of mortgage backed securities issued as investment vehicles. These securities received ratings from agencies like Standard and Poor’s, who have been given the status of “nationally recognized statistical rating organization” or NRSRO by the SEC. In the past rating agencies have been immune from lawsuits based on ratings given to securities under First Amendment protections, absent a showing of malice. Today a federal district court in Manhattan ruled that the First Amendment protection that covers “matters of public concern” do not apply to ratings given out only to private clients and not released to the public at large. Considering the billions of dollars that were lost when these securities collapsed, it seems inevitable that this ruling will open the door to countless additional lawsuits.
A hearing addressing predatory lending dated 2003.
Just skip to the last paragraph under conculsions.
http://financialservices.house.gov/media/pdf/110503cc.pdf
Well aware of stated income fraud from Mortgage Broker Association and more links at bottom. One were the FBI addresses findings 2005.
http://www.federalreserve.gov/secrs/2006/august/20060801/op-1253/op-1253_3_1.pdf
Angered purchasing my home Aug. 06 with Option-Arm Stated loan when my finance broker had to be by then well informed of fraud.
Abby: You said on another post that PSA (pool serviced assets didn’t allow modifications unless defaulted. Could you link to where that is. Why was it in Nov. 08 there were commercials saying get a modification before your loan adjusts.
Editor’s Note: A well meaning but misinformed attorney only because he is not familiar with securitization. A common problem.
The previous post:
floridadefensteam, on September 2nd, 2009 at 6:44 am Said:
Interesting piece regarding using (adversary proceedings) within a bankruptcy court.
http://www.lakelaw.com/files/Residential-Mortgage-Issues.pdf
I am a licensed attorney in Arizona and have actually have TILA cases and practice bankruptcy.
Though it is true a number of attorneys do not understand these mortgage issues, neither does the author.
The first way to know this alleged attorney is lacking in knowledge is when he talks about how the UCC applies to mortgages. It does not apply to mortgages. Just read the purpose of the UCC and the opening sections.
After I read analysis about the UCC, I knew he was not much of an attorney.
He spent a lot of time but he is misguided. I would say a number of things on this website may be misguided. Good luck if you rely upon any of this for your future life.
Find someone local with a license who has actual experience.
I don’t know what is going on with the lack of posts on this website, whether pro se, lawyers or Neil , there has to be a “ramping up” of info in order to elevate the public conscioness of this material if ever we are to get a foothold on this nightmare. This is the best site I have found on the internet, no-one outside the loop has any idea of what is going on with regards to mortgage securitization fraud. Please, I know everyone is busy but please keep the posts flowing!
Interesting piece regarding using (adversary proceedings) within a bankruptcy court.
http://www.lakelaw.com/files/Residential-Mortgage-Issues.pdf
Linda
I am kind of LOST here with all the Posts.
What was your “Motion for Dismissal”
concerning? Was it the foreclosure action
itself? Was it a specific that has inured
from your defense?
I am trying to understand all this as I myself
may have a “Day of Reckoning” upon me very
soon.
Thank you
Linda–congrats on the dismissal!!
And–I just think the greedy Wall Street & Government types are creating very, very bad karma. Their actions are very dark. Very dark.
I am certainly glad that I am not working back there.
Corporations have no conscience.
Dying Truth, I have had your same concerns–I feel our test is with our consciousness related to our planet, the times,etc. –we can look at the world as you are looking at it now or as a most incredible time to be playing on the Earth plane when a new consciousness is birthing–and we are in growing pains–yes, I have heard about all the things you are referring to and more; however, there are whistleblowers coming forth to awaken humanity–projectcamelot.org is a wonderful site to keep up on these things–
I also feel that my fighting the foreclosures is resistance “across the dark forces window of time” (The Ringing Cedars Series about creating a new civilization). And in my limited Earth knowledge conceptual field of awareness, maybe it is helping us get to a place of a higher way of being. BTW I totally agree that the health care talks are a diversion tactic, so please take my pontificating as agreement, and only a suggestion on a way to handle what IS in our control–i.e. our consciousness in every moment.
Oh, I almost forgot–We won our motion for dismissal today in court.
You know it just amazes me the tolerance that United States Citizens have for all this Tyranny that they suffer. Does Everyone know that all those FEMA camps that conspiracy nuts complain about, that Glenn Beck has mentioned, you know the ones built all around the country….. were built for US, and I know some people have identified this insidious trap that was set for us but have been to afraid or not confident enough to shine the spotlight on it . Why would they build so many prisons, leave them empty, claim they were for the overwhelming surge of illegal aliens the country has been burdened with, but turn around and start granting foreigners instant citizenship in exchange for military service? Why does it seem like obama, congress & most of the judiciary flipping us the bird in the form of a cash register drawrer that provides them & thier “partners in crime” with unlimited resources at our expense, forcing us from peacful means to assemble to a violent mob that backlashes? BECAUSE THAT’S WHAT THEY WANT! where do they propose all the people that lost thier homes live? & would someone that has half a brain and some kind of connection with the mainstream media give the public an FYI wakeup call that obama is distracting America with this HealthCare reform hologram so the banks can continue to loot the treasury, evict America of its Citizens, and go unnoticed…. even if he does get it passed do you know that with the amount of foreclosed houses throughout the nation prevents proper amounts of allocated proceeds for healthcare to the states leaving a very large amount of money leftover making it just another bailout. They want us to snap so they’ll have plenty reason to put us in our new homes. People are so caught up in the commotion not knowing what to do next while our opponents move into checkmate position with ease. You know in the early years of our country’s existance Patrons were faced with very similar last resort extreme circumstances, but this time I assure you this time We or I at least will not be so forgiving as tose in the days of Shays’ Rebellion 1786-1787. we cannot let petty differences seperate us that is what they want, none of us are dems, repubs, socialists etc… (that’s how they label opinions with the intent to divide us & conquer) We Are Americans & United We Stand, Divided We Fall. Just look all of them supposedly they don’t get along for whatever reason but they have no problem giving eachother raises and unite to contribute to the combined effort to oppress us.
Can anyone please comment on this idea? From what I understand, a foreclosing entity has only to state that they have been assigned a mortgage in order to foreclose- but must have the assignment recorded by 30 days after the foreclosure. So by extension, if anyone is to go back to the court house 31 days after the foreclosure(s) are entered, and the assignment(s) have not been recorded, that means that the foreclosures are void? invalid? illegal? and the home(s) must be returned to their owners with damages and statutory fines on the foreclosing entities for fraud on the court? If anyone can elaborate on this, I sure would appreciate it.
Help!
I have a motion for dismissal with prejudice pending against TBW. Now I get a notice saying that the mortgage has been assigned, sold, or transferred to BAC. How can they do that if the legality of the transfer from my original mortgage to TBW is under question?
What happens to my pending motion against TBW?
Do I have to now file something against BAC?
I thought i was supposed to get a notice from TBW 15 days before the transaction. The transaction effective date is 09/01/2009 and I got the notice today.
Jeff,
Apologies if we’ve offended in some way. Just our take at levity. BTW, I don’t think we’re the bad guys. We’re offering a free and open exchange of case law, opinion and tactics, not looking for anything more than to educate or an education.
All-
I think fighting for our homes in the legal kingdom is worth it. I think things are decided on a case by case basis. I think a lot of cases by borrowers are in the legal pipelines.
You have to ask yourself–what am I mouse or man?
Do I want to roll over and play dead and let the thieves steal my home?
OR…do I want to try to keep it
Remember it will NOT be easy and the thieves will fight us very hard. They want us to ‘fear’ them.
If we all just give up now, thieves win
Just remember the story of David & Goliath!
What did Teddy Kennedy’s mother tell him – Persevere!!
That he did. What a hero.
We need to persevere too!!
Wars are not won overnight. This is a financial war.
To florida defense team:
Can you please be more arrogant and condescending as you have yet to offend EVERYONE here.
I am sure that your superior intellect will share the knowledge you have for a “nominal” fee
Help for homeowners = help you out of your home and money.
Is it possible that there is anyone who is knowledgeable and also altruistic?
Who are you ultimately trying to help? My guess is the florida defense team bank accounts
JD, before your discount homeowners trying
to save their home, please read on:
DEAR EDITOR,
Mortgage Lenders say there is no such thing as Foreclosure Defense.
Homeowners say ‘If you see it in Livinglies Blog it’s so.’
Please tell me the truth; is there a Foreclosure Defense?
VIRGINIA O’HANLON.
115 WEST NINETY-FIFTH STREET
VIRGINIA, your little friends are wrong. They have been affected by the skepticism of a skeptical age. They do not believe except [what] they see. They think that nothing can be which is not comprehensible by their little minds. All minds, Virginia, whether they be men’s or children’s, are little. In this great universe of ours man is a mere insect, an ant, in his intellect, as compared with the boundless world about him, as measured by the intelligence capable of grasping the whole of truth and knowledge.
Yes, VIRGINIA, there is Foreclosure Defense.
THIS PROVES IT!
Go here…http://www.urlending.com/quickdoc.php
Make sure Quickdoc. SISA ( Stated Income Stated Asset) is high lighted.
Go to downloads…click on Gen. Parametes
Dated Feb.17 2006
LOOK AT INCOME:
Income stated on application must be REASONABLE and in line with Borrowers employment, based on generally accepted, published, geographic income wage and salary surveys. OVERSTATED INCOME WILL NOT QUALIFY FOR THIS PROGRAM.
The key is geographic income:
Go to http://salary surveys.erieri.com/content/Accounting_and_Finance_Salary_Survey/Controller_Division_1357/Italy_National.htm
Scroll down … Click Here to review & Input Data
I couldn’t figure it all out so I just put the #1 in all the purples (lol). But it takes you to down load your free global salary calculator.
Stated Income may say no proof from borrower but it does not excuse the broker from verifing. There is no way the inflated income could get pass the broker or lender without cross checking in a global salary calculator. My broker put my salary right next to the highest income possible.
Oliver,
Looks as if he’s “asking questions”.
And the girls link seems to be nothing more than spam for another pay us for a while. I could be mistaken, it could be a wonderful shiny place, but I am so depressed who cares about signing up for something else.
As I sit here coming on the 1 year anniversary of my demise wondering how I am ever going to rebuild my life… I find it better to forewarn anybody from whats to come. I now find myself bouncing between friend’s and family’s couches just to survive. It’s a miserable existence. If I can save someone with a family from being in my position… I will.
BE PREPARED TO LOSE YOUR HOME! SAVE YOUR MONEY TO MOVE! BE PREPARED TO LOSE YOUR HOME! SAVE YOUR MONEY TO MOVE! BE PREPARED TO LOSE YOUR HOME! SAVE YOUR MONEY TO MOVE!
Best wishes,
JD
Hey JD, more good news!!!!!
http://townhall.com/blog/g/6cdb378b-90dc-4495-8f03-7f9f61227471
Mortgage Audits
oliver@ipa.net
john
Here you go JD…salvation…they have it all together….
THIS M O N D A Y CALL; CONFERENCE CALL
The GIRLS, Claudia and Sharon have done it again. They have won another mortgage foreclosure case in Florida.
Come listen to the blow by blow events during court. Hear about the whimpering attorney.
Come listen in.
The Phone Numbers and Pins are published at http://www.YourRemedyIsInTheLaw.com behind the Free Tele-Conference tab.
Enter with your User Name and Password. If you don’t have one, click on “New? REGISTER HERE” and create your unique User Name and Password.
Information is available only to registered members.
Click on Free Tele-Conference Calls and you will see the correct information.
Mortgage Audits
oliver@ipa.net
john
The sad fact is…
That no matter what you do, no matter what you claim in your court filings, securitization…. whatever, the judges just do not care enough nor do they give any legal respect or weight to pro se litigants. PERIOD!!!! An attorney may buy you time, but so far I have seen one case thrown out, and the homeowner walks away in victory, not too mentioned compensated (with damages) for their losses.
You are asked ONLY IF YOU CAN PAY OR NOT! Call it their (the judges) lack of knowledge, lack of sympathy, conflict of interest (because they are investors themselves), court case overload, whatever… YOU WILL NOT EVEN HAVE A CHANCE PRO SE!
Save your money and get ready to move and be a renter. Forget your dreams, because they want to keep you down.
I am sorry to sound like a big negative poster, quite frankly I am considered a very happy person by many, however having been drugged through our fine legal system and driven into destitution I am tired.
My heart goes out to all of you who will soon suffer as I did, the complete lack of self respect, sense of security, embarrassment and being out righted stripped of their lives.
Be strong and prepare to MOVE from your homes. There is no help. You will not get it at a seminar (at a seminar you will learn how they screwed you and only get you pissed even more), there is no pro se defense. You can try and only POSTPONE the inevitable by getting legal counsel, but even then they will ultimately act as a refi guy for the bank you owe, not to mention charge you $500+ a month or $150+ an hour etc.
If you have any money at all, LOOK FOR A PLACE TO RENT NOW!!!!!
Remember, there are way too many investors buying up these homes and the renters demand will only increase the day the sheriff comes to your door to put you, your family and all your belongings out on the street.
Spare yourself the embarrassment of telling people who are driving by and stopping to start rifling through your stuff, of getting the hell out of there. OR GET READY TO HAVE AN IMPROMPTU YARD SALE.
I would love to see a judge go through what I have gone through. Unfortunately they are too busy cashing the checks we give them from OUR TAXES!
Sorry for the rant.
Best wishes,
JD
Fight foreclosures . . .
So correct – Thanks
MSoliman
oops here is the link
http://www.oasismanagement.com/glossary/t.html?/glossary/t.html
got distracted:)
This is for everyone who is wondering “What is M Soliman writing about”
This link will give you basic information regarding financial terminology. It is and has been the complexity of the mortgage contracts and the terminology that victimized the homeowners during the boom years. Let’s face it, the Loan Officers and Underwriters did not understand the complexity of Option Arms and other exotic loan offerings they were selling, so how would the average homeowner know what they were signing?
The so called fiduciary duty wasn’t a concern, just turning volume of loans that paid the best YSP was the only concern!
This could very well relate to UDAP as well as RegZ and RegX. Keep in mind, the judges are learning as they go, so spoon size bites it seems will aid in their understanding of the securities and holder in due course issues. This is a challenge, but so was getting people to drive cars vs keeping their horses. No change is easy, unless it is effectively communicated!
Good Luck to all of us! Keep fighting the good fight!
Thank You John.
Trying to learn and do whatever I can. Simply enough, the certified QWR was sent 04/01. But recieved NOD 07/15. Then my lender acknowledges receiving QWR 08/01. That’s four months later and now letter requests 60 days to reply. You know they’re going to use that time post dating their reply leaving me no time left to do anything. Why is it my highly paid auditor didn’t file with the attorney generals office? Calling him tomarrow.
But moving on: The Legal Aid Droid at the court house told me “Produce the Note is a scam.” Is it?
LOOK AT THIS! This website is sharing sample letters on loan modification approvals. Look at pdf. file loan mod. #2 4. (c) Borrower has no rights to counter claim the Note? Why is it so imperative to include that?
http://www.accesslossmitigation.com/sample-approval-letters/ahmsi/
And this one:
http://www.sladelaw.com/loan-modification-approvals.html
“Countrywide” was a bit more cleaver. Big bold dark letters stating, ” Same As Is in Said Security Insturment” But scroll to the bottom by the signature #10. Missing or misplaced docs & hearby indemnifies borrower against any demand to the original note?
Is this even legal?
They just gave away that “Produce the Note” really does work. Can I Pro Se on the Note and hire a lawyer to go after the fraud? Or is that conflicting?
an:
If a mortgage is presold to a mortgage backed security then the pretend lender usually draws on a creditline setup for the MBS or table funds the loan and is re-reimbursed in a short time
Hey Joke
The lender is the Bank acting as a warehouse facility for a thritd party whch is a less than arms entity that is bankrupt insulate. The delivery is a subsequent event triggered by an open market transaction. That OMT is a trustee sale.
Stop the xeroxing of text books and tell us aboout the last 1 billion you delievered to Saxon, GMAC and Citigroup . . . ..Joke.
MSoliman
admin@borrowerhotline.com
the Wall Street Banks are some of the biggest holders of mortgage backed securities and collateralized debt obligations because they would usually keep a piece for themselves on each deal they
Hey Clueless
The holding company is typically the TRS and mgt holds the ownership through a Commercial Bank which is an FSB.depository.
msoliman
admin@borrowerhotline.com
Ian:
the Wall Street Banks are some of the biggest holders of mortgage backed securities and collateralized debt obligations because they would usually keep a piece for themselves on each deal they did.
First, through fractional banking, financial institutaions like Citibank only had one cent in reserve for every 1 dollar they lent out, the leverage has come back to haunt the banks because they bet heavily on mortgages using this type of leverage.
This compares to me, who get 50% leverage, meaning for every dollar I borrow I have to have 50. cents in cash.
Then if my portfolio falls below 35% in value it is immediately liquidated to cover the losses.
Banks had to buy back trillions in backroom deals to avoid and avalanche of class action lawsuits from China and the Middle East.
The Wall Street Banks were stuck with everything in the pipeline to be funded when the MBS market shut down right before summer last year.
By way of example, Citibank is holding 1 Trillion in mortgage related products they claim has lost 15% in value from par.
Citibank , like every other Wall Street Bank and most other National Banks are insolvent.
The only way this charade is aloud to continue is because of fraud.
The Federal Reserve pressured Congress to change the accounting rules so that banks no longer have to value their portfolio based on real market trades, banks can now value thier portfolia based on an interanl black box system that somehow allows a bank to value an MBS that is worth 10 cents on the market at 85 cents on the balance sheet.
The Federal Reserve has made it clear that laws and regulation no longer apply to the 5 chosen few.
1. Goldman Sach
2. Citibank
3. Bank of Amercia
4. Wells Fargo
5. JP Morgan
These instituaions are all now allowed to do anything they want, unchecked, because the Federal Reserve says we cannot live without them in America.
I SAY WE DO NOT NEED ANY OF THEM INCLUDING THE FEDERAL RESERVE!
PLEASE SUPPORT THIS BILL FROM ONE OF THE LAST FEW PATRIOTS IN CONGRESS
http://www.ronpaul.com/on-the-issues/audit-the-federal-reserve-hr-1207/
The Federal Reserve has essentially taken over the country with total control of our money supply.
They refuse to tell Congress what they are doing with our money, who they are giving it to and who they trading with overseas.
Congress had no authority to delegate the power to coin and print money to a private bank in 1913 WITHOUT A CONSTITUTIONAL AMENDMENT.
WE SHOULD TAKE IT BACK!
Abolish the Federal Reserve, force bankrupt banks into bankruptcy protection, thats the BK is for.
We already have a system of credit unions and local banks who stand ready to lend on reasonable terms and who did not participate in the absolute looting of the Nation’s Treasury.
With the 24 Trilliion that has been spend to recapitalize Wall Street so they can gamble some more we could have purchased every mortgage in America for pennies on the dollar.
This would have only cost 5 Trillion at the most!
No more foreclosures, no more evictions…etc etc.
But this would have been good for America, bad for the banking system.
Is it not obvious that our Government and Wall Street want us all to be debt slaves from the time we enter this world till the time we live?
What authority do we have to leave a national debt to our children fast approaching 100 Trillion dollars?
Anyways, I could go on but I think you get my point.
MJ- thanks for the response, here is another question, or questions: since 95% of mortgages 2001-2007 or thereabouts were securitized, and owned (or funded) by investors worldwide, how is it that “banks” are still reporting losses, if they are in fact acting as trustees for the trusts which hold the loans? Do the investors lose money on the value of the trusts’ debentures and the trustees further lose money on the defaulted loans,or what? The banks/mortgage cos. sold the mortgages into the MBS or other entities, correct? Or are these losses solely on investments made by banks in MBS pools? Thanks.
Ian:
If a mortgage is presold to a mortgage backed security then the pretend lender usually draws on a creditline setup for the MBS or table funds the loan and is re-reimbursed in a short time.
So there is no extra money to get, if the loan amount is reduced or increased by any amount then that is the amount of the draw or transfer at closing.
Waterfall has do with payment structure across all the different tranches over the life of an mbs and is used to value a particular trance or the MBS itself.
Can anyone please comment on this question? If most of the loans comprising a trust were “presold”-
For example, 2000 mortgages,each for $250,000.00 @ 8.25% for 30 yrs., but the mortgages changed due to “bait and switch” at closing, “sorry M/Mrs. Smith, your cashout was cut by 10,000 and your rate went up to 9.25%” who gets the extra money, and how much extra is it? Anyone have any data on that? Does this explain the “waterfall effect” among tranches? Thanks.
I need a great real estate attorney in Inland Empire or vacinity who get it. Litigation, Foreclosure attorney who take on these big banks about the houses we already paid for but we don’t know it.
Thank you
Steve,
This post is one of the best I have seen in a while. That was some awesome work. Let me know if you need any help.
Mortgage Audits
oliver@ipa.net
john
Hope this sheds some new light.
Letters sent out from my auditor listing violations.
1st letter sent: Office of the Comptroller of Currency Customer Assistance Group. No response. Website says they only deal with national banks not lenders.
2nd letter: FTC No response. Website says they only collect complaints.
3rd letter: US Dept. of Housing & Urban Development No respose. Waste of paper anyway.
4th letter: O.T.C. RESPONSE!
Dear Steve: Your lender is regulated by TX Office of Consumer Credit Comiss. We have foward complaint. We only handle federal & savings associations
5th letter: Office of Consumer Credit Commis. RESPONSE!
Dear Steve: We only handle loan companies and pawnshops within TX. Not banks in or out of state or out of state transactions. Go to your State Attorney General
Calif. Attorney Generals Website. This maybe some good news.
They ask you make sure you file your complaint before creating a lawsuit and say they will point you in the right direction but you still need a lawyer.
HIGHLY RECOMMEND THIS FOR EVERYONE
I crossed checked this at Flordias attorney general but couldn’t find anything.
http://www.corp.ca.gov/ENF/list/default.asp
Click on enforcement and then click on actions and litigation to look up your lender.
My lender was instructed by the Commisioner to Desist and Refrain in 2007 and told to move all outstanding loans to a qualified lender. Never happened and the license was revoked. I was told by someones email it was reinstated in 08 but I can’t verify that anywhere. So I did my own reasearch.
Dear lender,
YOU REALLY ARE A PRETENDER LENDER. You have 18 licenses through out the states. You have five posted in Calif. So I reasearched the five. One you call yourself a finance lender but it’s been revoked. Another you call yourself a mortgage banker but that’s been revoked too. Two of your licenses you call yourself mortgage banker (main & branch) but you placed those licenses under online escrow services or Escrow.com but the State of California stopped excepting those kinds of licenses. But the last one was tricky. I had to go by the address and it matches the same one on the back of my NOD. A mortgage insurance company is what you call it somewhere in Jacksonville Florida. Well I couldn’t find it so I went to your website and looked up the license number you have for Calif. Yes and under th CA. Dept. of Insurance it was there. In SOME OTHER LENDERS NAME that you merged with or took over. Why couldn’t you use your own name? Doesn’t matter BECAUSE THAT LICENSE WAS INACTIVE TOO!
How was I to get a loan modifcation while you are charging $500. to complete when YOU DON’T HAVE A BUSINESS LICENSE!
How do I know your applying my payments to the loan or even paying taxes when YOU DON’T HAVE A LICENSE! Are you working under the table?
How were you capable of filing and enforcing the NOD notice when YOU DON’T HAVE A LICENSE.
Your scattered around all 50 states hiding in different Suites calling yourself a finace lender, a mortgage banker or an insurance co. No wonder I can’t get federal agencies to investigate you. I don’t know who you are anymore. I thought I did. I always wondered why every love letter sent said this communication is from a debt collector on behalf of the lender.
What’s up with these revoked licenses. Is because you wont cooperate with the attorney general?
IT’S OVER! You can tell your new girlfriend in INDIA to quit calling here three times a day. No ones home!
TRUTH-Because I heard that Neil was going to have one in LA and was considering going or at least buying a handbook, but if an “Overqualified” individual such as yourself thinks it’s meaningless or hopeless maybe I should reconsider….
M.SOLIMAN- Folks, You make sense of this? You made your point. Move on.
MSoliman, on April 4th, 2009 at 6:44 pm Said:
“Here’s a chance for yours truly to be accused of a double standard.
I opine No, repeat, No “pro se” or “pro per” has a shot, what so ever in a matter concerning a foreclosure defense. Does lightning strike and do long shots win? That’s your problem.”
So what your trying to say is that going to the Layman’s/Pro Se Seminars & Purchasing the handbooks is a waste of time & money? Because I heard that Neil was going to have one in LA and was considering going or at least buying a handbook, but if an “Overqualified” individual such as yourself thinks it’s meaningless or hopeless maybe I should reconsider….
Remember, what you read here based on facts derived from review of 500 files and after 25 years of service to this industry. The data is assumed to be used for discovery that is not unreasonably cumulative or duplication, or is obtainable from some other source that is more convenient, less burdensome, or less expensive.
In time you will see the answers I have provided you are the truth. The education and IQ of a sad and disgruntled group are a question mark. But my belief is returning a retainer paid to me by an attorney who abandoned a clients case is in exchange for one perpetrator to be satisfied is extortion. She is like clockwork and pops up after every call (11:00 yesterday) I receive from an attorney covering her matter of fees in question.
Otherwise, it is not known to anyone what their motivation is for these attacks. I have spoken with an attorney general, scholarly experts and city attorneys on my views and gained their genuine interest in my perspective. Neil has solicited my opinion as have countless other attorneys. I have been dismissed in court for being “Over Qualified”
(You know who they are as they are always the first to jump back in and respond to my comments). This site is turning into an exclusive club for those who Sheppard simplistic and narrow views that fit their understanding. I opine their comprehension of the matter could never maintain an argument with a with an entry level Wall Street exec. I nor anyone else should seek to generate “leads” here. Cutting and pasting articles from five years ago is not going to work. I will go for now and to the few who spoke for everyone else – so be it! Our information is not for sale – it’s to assist.
WE ARE EXPERTS WHO WORK FOR ATTORNEYS UNDER THEIR ENGAGEMENT AGREEMENT. This site was never designed to lure in business.
God Bless
MSOLIMAN
msoliman@borrowerhotline.com
Jeff:
Do a Google search on it. That’s how I found it.
To Truth
on your last question
No -Vicki
and now another victim too
Kudos to MJ
I too have seen the drivel posted by Maher Soliman here in recent months glad to see I am not the only one that questions his brand of bologna. If his verbal communications skills are as poor as his written communications he would suck as an expert witness.
Seriously can anyone who frequents this forum and reads his posts contemplate how capable he could be a communicating to a judge or jury.
Just curious Maher did you ever send Vickie her money back?
“In a trust let’s assume a borrower is a debtor and the investor is a creditor – You want to allow the receiver or borrowers acting as creditors to recoup the unpaid loans or as much of it as possible. From a text book perspective, being in receivership is not an enviable situation for a trust. Maybe that is why these arguments when presented to a lender always kick me out of servicing and get counsel to reply. More often than not the receiver’s objective will center on liquidation of the company’s assets. You can effectively put the trust or SPE (company) out of business.”
I assume you are referring to a mortgage backed security trust?
If you are there is no way to accomplish way you are seeking to do.
Liquidation of a MBS will only occur upon a credit defualt event as defined by the prospectus.
Thats it.
There has never been a liquidation of a Trust for any other reason.
I personally have access to every mortgage backed security ever created anywhere in the world and I can assure you what you are trying to accomplish will never happen.
Besides if your theory is correct that would been every MBS in America is worthless, the Banks holding the MBS’s are worthless, the stock of the banks are worthless and we would have to recapitalize the banking system all over again with another 20 Trillion in play money.
Not going to happen!
MSOLIMAN:
Do you really expect me to believe you are responsible for that well thought out, articulated, and meaningful reply?
It is obviously not you.
As I said I have been reading your crap for 6 months now and the author of that post is clearly not you.
What a joke.
Anyways will somebody please show me how to plead a cause of action for breach of an OTS regulation?
Don,
I followed your link for the omnibus motion but was disappointed to see that it needed to be purchased. I am not looking to “steal” anyone’s work product but I am a bit curious as to what particulars are being alleged in the motion.
I am uncomfortable with the idea of spending $600 to see if the motion would be useful.
Can you point to any actual successful use of this motion? Otherwise it seems as if you are just trying to cull business for that site. I do not presume that you are but I am a bit concerned when money is requested to be given information.
MJ
It’s a time constraint and effort to submit written comments. First, the enforcement mechanisms in privacy legislation do not include private causes of action. A private cause of action where it is appropriate may also include the potential for frivolous class action lawsuits . . . is what you’re talking about? Nonetheless, private causes of action in privacy law have been used to attempt to recover significant monetary awards in situations where there is no injury to consumers.
In a trust let’s assume a borrower is a debtor and the investor is a creditor – You want to allow the receiver or borrowers acting as creditors to recoup the unpaid loans or as much of it as possible. From a text book perspective, being in receivership is not an enviable situation for a trust. Maybe that is why these arguments when presented to a lender always kick me out of servicing and get counsel to reply. More often than not the receiver’s objective will center on liquidation of the company’s assets. You can effectively put the trust or SPE (company) out of business.
You’re somewhat correct about enforcement of privacy law and it is significant. The issue is actually debated about privacy legislation. Therefore, it’s the FTC or Federal Trade Commission (or other federal agency) enforcement and state attorney general that may bring enforcement of a federally-enacted standard.
Look, read the indentures next time before you comment and attack me without any basis for the facts. A borrower is a debtor entitled to make good all the payments paid to the beneficiary who is the creditor in this case. The debtor if proven to have been defrauded and damaged could therein be entitling to damages whereby the Trust indenture specifies potentially liquidating assets at a discount. The Trust assets are your home.
See the AARP, et al. v. First Alliance Mortgage Company, et al. – Class Certification Brought by the FTC. I know of the case first hand and although I did not testify I did meet with Brian on a number of occasions.
msoliman
msoliman@borrowerhotline.com
Homeownership The American Dream
but in reality it is Americas
NIGHTMARE ON WALL STREET
where US Citizens are being insidiously tourtured by
FEDDY KONGRESS
MSoliman:
Why can you not answer my questions?
Can you at least cite to one (1) Federal Statute or State code that says a homeowner or anybody else for that matter has a private right of action if the OTS, FDIC, or the Federal Reserve fails in their oversight functions.
I seriousy question how you can argue that the failure of the above mentioned regulators allows a homeowner a defense to a foreclosure action.
Please tell me the legal doctrine you travel under to obtain such a ludicrous legal theory.
Or better yet how in the hell do you go about pleading this junk in a complaint?
Can you post just one count for us to read?
I agree that banks are not complying with regulations, but to cite a specific OTS regulations and then claim an individual has private right under a breach of a legal duty is a gap so large that no judge will be willing to fill, in my opinion.
I Congress wanted individuals to have a private right of action for the Banks regulatory violations, they would have said so.
No judge is going to insert new language in a regulation(s) that allows individuals to take on the role of a regulator.
I feel sorry for the individuals that buy into your line of crap.
Like I said, I have been reading your jibberish for 6 months now.
I also have a background in mortgages and still cannot follow you.
this is because you do not make any sense Sir, except to maybe yourself.
MJ :
Go to the library and read up on receivership. You ask traditional questions for a sinking ship that wont wait.
I work with top bankruptcy attorneys as their expert. I do know and what a fool beleives is not my problem. I am sitting on $8 million in loans that were never properly transferred.
BORROWERS SHOULD GO to claim there home FREE AND CLEAR! OR IS MJ SAYING I SHOULD NOW TAKE THERE HOMES FROM THEM
Title says their mine and a slew of pretender lenders are now resurfacing PREPARING A FIGHT. All after 12 years. Folks, stay away from ignorance and deceptive goals by egos like this. Theres a slew of attorneys seeking to discredit me through public domains. Don’t let any judge railroad you out of court where questions exist as to perfecting title and a transfer.
msoliman
admmin@borrowerhotline.com
MJ :
Go to the library and read up on receivership. You ask traditional questions for a sinking ship that wont wait. I work with top bankruptcy attorneys as their expert. I do know and what a fool beleives is not my problem. I am sitting on $8 million in loans that were never properly transferred. BORROWERS SHOULD GO to claim there home FREE AND CLEAR! OR IS MJ SAYING I SHOULD NOW TAKE THERE HOMES FROM THEM
Title says their mine and a slew of pretender lenders are now resurfacing PREPARING A FIGHT. All after 12 years. Folks, stay away from ignorance and deceptive goals by egos like this. Theres a slew of attorneys seeking to discredit me through public domains. Don’t let any judge railroad you out of court where questions exist as to perfecting title and a transfer.
msoliman
admmin@borrowerhotline.com
Garfield site will not let me through.
msoliman@borrowerhotline.com
MSoliman:
You Said (appears in quotes):
“If the bank has really originated the loan through a smoke screen of securtization – it is acting as an unlawful business combination, failing to deliver critical disclosures, compromising the tax payer and wrongly using its participation as an FDIC member bank. All at the expense of a borrower who pledged collateral as a debtor and obligor. Here is the opportunity for a call to recievership. And NO you would be left out – at first glance.”
How do you propose an individual homeowner force a bank into receivership?
Again you are asking the homeowner to take on the role of an OTS or FDIC regulator, GET REAL
“Now for a second time – You are looking for a borrwer to maintain RESPA rights – What is that worth? As a creditor you replace the investment and trust investors into a liquidation.”
I never said anything about RESPA, what are you talking about?
Again how is an individual homeowner going to place a trust into liquidation? Ridiculous.
“Folks, here is where a liquidation of trust assets does not exclude you but brings you into the mix forcing an investor into your role as a debtor. They would return to you the entire amount paid to date. (according to the indenture MJ in the event of a liquidation).”
“In a receivership you liquidate your assets at a TRUE OPEN MARKET VALUE OR DISCOUNT. Instead of the bank doing the same to you in a trustee sale you force the sale in a liquidation (the collateral) back to you in receivership.”
“Mortgage backed securities do not enter “Receivership” banks do, as an alternative to bankruptcy.”
Receivership is controlled by the FDIC and the consumer can make a claim just like everybody else.
“MJ : Your repsonse is traditional and based on a thrist for case law in a non traditional matter for which little if any case law exists.”
Somehow I think I know more about this crap than you do, but I do not post meaningless garbage and promote myself with doublespeak that would make Alan Greenspeen glee with envy.
I have been reading your garbage for months on end now and never said anything till you spammed me with your garbage…I look forward to a rigorous debate.
So far you have yet to answer the question I posed earlier.
1. Can you cite one case where this argument has been successful?
2. You arguments have no private right of action as far as I can tell.
3. Can you please provide a specific cite to Federal or State law?
These pages are crucial to develop. Lenders and financial institutions on a national level have a full time staff of attorneys communicating all the arguments presented. They communicate . Did’nt they form a meeting of the minds to borrow $700 billion? I can’t see state statues varying too much from each other being Florida and Calif. are non-judical. But we would learn that in an open forum. The argument keeps growing from securities laws to debt collection laws. Not asking Neil to write in explaining all the laws. Just forum titling a particular sections of law allowing everyone else to fill in the blanks. I read a good posting pertaining to credit reporting here from a lawyer but that was maybe 2 or 3 hundred comments ago. Once these forums are started, the Pro Se cuts down the research and the lawyers get their own research staff. Even the people offering to help with no legal back ground could spend their days going to every news article with a comment section asking anyone with a legal background to come over and help. An individual or small group is never going to succeed without a meeting of the minds. You’ll just wind up prolonging the arguments. But with the way things are going Congress will just pass another law restrticting open forums to discuss law. And once again, there’s ANOTHER question you need to ask a lawyer.
We have gained invaluable information from the attorneys here and some of the auditors as well. What they have to offer is a direction to your own state statutes. Generally, foreclosures are governed by your state statutes unless they are brought into a federal level by bankruptcy or if they have been appealed to that state’s supreme court. The important thing is to make law in your state. That is the key to victory.
I am grappling with the securities issues re how this gosh darn mortgages turned into sophisticated investments in the secondary market victimizing all homeowners by deregulation of securities and making homes a wall street commodity when most people do not understand that world and either have never made a wall street investment or have a 401K and still don’t understand the world of trading.
Soliman, if you can bust that one open, give me some case law or SEC rules to put in my pleadings, I will give you, well nothing, but I will use your advice.
Linda
For those who may be interested in my research and are in the courts with your case (home) I would suggest that this be one of the forms that you ask for in discovery.
http://www.sec.gov/about/forms/form3.pdf
I also would like to suggest that you get on the phone and speak with someone in the SEC about the Securitization of your NOTE and what happened to it once it was converted into a financial instrument.
Next, find out who the certificate holders are….
Mortgage Audits
oliver@ipa.net
john
as far as different sections on the website that everyone wants I’m sure Neil will get around to it when he has Time. Right now He is Very Busy with seminars, traveling & as some you remember all this craziness & frustration can take a toll so maybe stopping with the repeated “seperate blogs” requests would be appriciated as I’m sure when he does get a chance he’ll be able to read through the post entries and consider the requests and make the appropriate changes.
Wow…since I posted my 20k offer, this thread has really lit up….and it’s all good. Still, only one response which is sad sad sad.
I am posting again because, Neil, I think it is a GREAT idea from Steve. A blog on actual strategies, filings etc. Since I am in FL, (sorry to sound selfish) that is what is of real interest.
I still would like to know of some cases out there where victory has happened. Just something to point to.
For me, I go through the clerks website looking for cases where someone fought. Discovery, motions, etc, and wrtie down the parties. Since the only way to get the actual pleadings (so much for public record) is to go to court house, look only those cases I find and get copies from the clerk of the actual pleadings. It’s $1 per page but it’s all about getting educated, following local procedures etc.
The next thing I am doing is looking at the judges calendars and finding a good day to go to court and just sit and watch. I figure I may be up there someday and getting a feel for the action is nothing but good.
Hope this helps and I hope there is more useful useful info provided, directly, for those who are in need.
How about this one.
I solicited various co authored PPM’s and SOLID business plans offered by repspectable attorneys written to 25 or more banks. They all turned it down (as suspected) for the reasons I gave below. Risk and the prospects of bank investor exhobatent capital setaside in case of regulator derecognition were to much to offset the rewards.
PS. I spent over 20 years as a mortgage banking, secondary and wholesale specialist with focus on the capital markets. I retained and directed our attorneys and they executed accordingly. I would never call an attorney ask “What shoud I do ?”
They manuever through the courts and determined points and case law needed for an affirmative defense and to anticipate counter claims to our pleading.
A few of these unfortunate risk takers who succeeded selling their business models are still doing jail time.
MSoliman
admin@borrwerhotline.com
Msoliman@borrowerhotline.com
COMMENT: I prefer to read attorney posts. I am a paralegal working with sole practitioner attorneys and we all find the attorney posts invaluable.
I AGREE…BUT THEY NEVER HAVE ANYTHING TO OFFER?
Angst!
admin@borrowerhotline.com
Steve: I’m in process on exactly that. I’ll announce it when I am ready.
Dying Truth,
Yes, you are correct, Pro Se’s are litigants. I should know – I have been a Pro Se litigant for the past several years now. Only by “reading the law”, following the blogs of you good folks, networking with attorneys and paralegals who “get it”, and arguing before circuit court Judges have I been able to acquire the loathe of Pretend Lenders and ire of opposing counsel.
floridadefenseteam, is this April Charney? Did you see what happend to BadBizFinder So Fast? and just for clarification Pro Se’s are still Litigants
Dying Truth, thanks, at least someone is reading my posts. I have yet to see any discussion. I have a discussion going right now with Attorney George Babcock in Rhode Island as to MERS.
Mortgage Audits
oliver@ipa.net
john
Jeff now who’s whining? correction: The solution MUST come from a NEW congress in the form of a NEW Convention or Revolution
Oh, Bravo John!
Floridadefenseteam says- “Perhaps Neil can setup a seperate blog for theories, yet another for litigation strategies. Someone can post there specific situation (Law firm refuses to validate Debt) and bloggers could reply by posting case law or tactical moves.”
That’s exactly what I was getting at. Your comment is better well said. . I’ve been floating around the net for 10 months now full time trying to learn all I can. There are lawyers posting here. I recognize the names. We need a blog titled “The Discovery Process” A place we can find the subject, list the code, link the reference point (if available), and write a brief description to how it pertains. There is were you can enter that section to dicuss the code.
Then create a blog tilted “The Lawsuit” creating the longest list of arguments you’ve ever seen pertaining to mortgages at which a person can pick and choose what pertains to their situation. There is way too much going on here for one individual or group to resolve. Judges refer to the book “Statues at Large.” Since the media covered this website with “Produce the Note” making it #1. This website needs a reference section that has a book even larger.
To all who read and responded to my posts:
First and foremost I am thrilled that there are still people who are passionate about helping the American homeowner.
I have completed many many hours of “homework” and my conlcusion is that for every homeowner who may find themselves in the presence of a Judge who “gets it” there are THOUSANDS who will lose their homes to foreclosure.
The solution MUST come from congress in the form of legislation forcing the banks to fix the problems they created. This can only be accomplished by organized protests and complaints to our representatives.
No we are not Argentina thankfully, but when the apathy in our country becomes greater than hope then we are at an impass. We can fight for our rights or we can lay down and take it.
WE GET THE GOVERNMENT WE DESERVE…..when more attention is given to Michael Jackson and Glen Beck than to the real plight of the american homeowner then I must be the DUMB one who thinks meaningful change will come.
I live in a country where people call 911 because they didnt get their chicken nuggets.
I live in a country where 10 second sound bites drown out any meaningful debate over the issues.
I live in a country where the top 1% control 90% of the wealth.
I thought I lived in The United States of America but it turns out this is becoming The United States of Bank of America.
Someone get me a Zolift and a Beer so I can sit in my snuggie and watch Entertainment Tonite.
I prefer to read attorney posts. I am a paralegal working with sole practitioner attorneys and we all find the attorney posts invaluable.
Best,
Linda Kaye
Paralegal
advancedparalegalservice@gmail.com
To Foreclosuredefense Team
Well, there are mostly a lot of pro se litigants on here who do try to help each other.
Rarely, Rarely does an attorney come on this site to
provide guidance or answer questions.
We are on here doing our best to help each other!
As I mentioned prior, we also offer moral support, which is equally as important as the legal advice.
We’d all appreciate if more attorneys got on and helped point us in the right direction or answer some of our questions.
Thanks for this site.
Litigants: Please approach for a sidebar.
I thought the purpose of this blog was to educate (litigants) on foreclosure defense, case law, and well tested tactical decisions (i.e. Litigation). I see little of this. People are drowning and we’re describing the color of the water. If you can’t litigate your case to block summary judgment the well founded theories are moot. Use the courts to your advantage. Judges fear reversible error so build your case using affirmed case law. If trial court judges are ignorant dont whine -appeal the issue, its only a few hundred dollars and there companies that specialize in writing the briefs and prepare it for you. Perhaps Neil can setup a seperate blog for theories, yet another for litigation strategies. Someone can post there specific situation (Law firm refuses to validate Debt) and bloggers could reply by posting case law or tactical moves. We could then affirm or deny the choices. Quoting from the movie Gladiators “If we stay together, we survive.”
Jeff,
You said: There is no court in the land that will simply strip the lein of a mortgage and say congrats homeowner its yours free and clear!
Well, let’s take a look at that statement. I do not believe you have done your homework. Just like location is to real estate so is research is to the law….oh, you can quote me on that!
Ok, lets look at Lien, Mortgage and Modification:
Failure to obtain the consent of the mortgagor to subsequent securitization of the mortgage note renders the mortgage unenforceable. Failure to obtain the consent to the CONVERSION of the mortgage note into securities is a legally cognizeable defense to foreclosure.
Unilateral Modification: The holder modified the mortgage by imposing restrictions upon modification without the consent of the mortgagor
A mortgage is a contract creating a lien. Kremser v. Tonokaboni, 356 So.2d 1331 (Fla. 3 DCA 1978). The mortgage in case of a Florida mortgage contains a provision that the mortgage may only be modified by the consent of the parties. Mortgages are and have been written which limit, forbid or prohibit modification. A Florida mortgage permits modification but only with the consent of both parties. A unilateral modification by either party violates this provision. Securitization modifies the mortgage. The mortgage was modified without the consent of the mortgagor. Accordingly the resulting modified mortgage is unenforceable. The securitization of a mortgage under Florida law requires the consent of the mortgagor. Where the trustee under a mortgage securing notes was authorized to sell notes without further consent from mortgagor, and trustee assigned notes to third party, security followed notes without assignment of it in writing, and all covenants designed for security of notes inured to benefit of holders thereof. Collins v. W.C. Briggs, Inc., 98 Fla. 422, 123 So. 833 (1929).
Look up in the Federal Register, Friday January 7, 2005 starting at page 1507; What are asset-back securities (ABS).
ABS are SECURITIES that are backed by a discrete pool of self-liquidating financial assets. AB Securitization is a financing technique in which financial assets, in many cases themselves less liquid, are pooled and CONVERTED into instruments that may be offered and sold in the capital markets.
The key word here is CONVERTED. A homeowner’s NOTE is CONVERTED into instruments which are no longer a NOTE.
TELL me how do you enforce that new instrument in a court of equity to strip that home away from the homeowner.
Why is it that we have to educate the “JUDGE” . The JUDGE does not want a JURY to hear these words because then and only then the corruption will be exposed for all to see and believe me, that will happen very soon…
If the NOTE is unenforceable then what would a homeowner have but his home free and clear of any lien’s. Think of all the wrongful foreclosure cases you as an attorney would have mounting up. If the NOTE has been securitized there is no longer a Note to argue in court over.
Now where is the Truth in Truth-in-Lending?????
Mortgage Audits
oliver@ipa.net
john
OMG! My in box is filled with notices from this thread… all the trash being thrown around.
This is for Jeff the attorney…
Jeff, get a grip on reality. This is America not Argentina or some other country where people actually go into the streets and governments fall. This is “The Division of the Classes”. The government body (mostly made up of attorneys) don’t want those of us who keep paying taxes so they can purchase jets and caviar, to win. They prefer the down trodden to remain, down trodden.
You actually think speaking with the lenders on friendly terms are going to change things? Don’t forget their sweet talking mortgage brokers (who were directed by the banks) who sold us the loans promising it will be NO PROBLEM to REFI when the rates change. NO WORRIES!
My mortgage company REFUSED to speak with me because the note was in my estranged wife’s name who was MIA out of the country gone. My signature was right next to hers though on every document, not to mention on the DEED etc etc etc. I had new financing in place ready and waiting prior to the interest rate change… but the bank REFUSED to do business with me ON MY OWN HOME.
I continued to pay the mortgage after the rate change until it ate up ALL my savings. THEN THE BASTARDS FORECLOSED ASKING FOR PAYMENT IN FRONT OF THE JUDGE! They were ready to do business then!!!!!
I told the judge… I TRIED TO PAY THEM ALMOST A YEAR AGO!!!
You know what the judge said… SORRY ABOUT THAT.
So what is a someone to do? You think the average guy has 2 or 3 grand just lying around to run out and get a lawyer at the drop of a hat? (I doubt they would be in that foreclosing position then.) Not to mention after that $150 F@#$%ing dollars and hour? To do what? Act as a friggin loan modifier, after those bastards had already been paid once if not more when they sold my mortgage into the tranches? I wish I knew the names of the “investors” who bought my loan. At least then I could have asked them if they wanted to do business.
In general every single lawyers office was decked out with hot women, expensive furniture, not to mention the luxury cars in the parking lots…
Now I personally don’t give a flying crap where and how you spend the money you make. What I do care about is how they justify charging what for what they do.
AS YOU CONSIDER YOUR SELF ON THE OWNER’S SIDE OF THINGS… WHY DON’T YOU HEAD A CLASS ACTION SUIT NAMING EVERY SINGLE BANK, TRUSTEE, SEC CHAIRMAN, BURNAKI, GIEGER AND ANYBODY ELSE WHO ALLOWED THE MISMANAGEMENT OF OUR LOANS PAPER WORK?
PREFERABLY WITH THE GOAL OF RIGHTING THE WRONGS AND RETURNING FAMILIES TO THEIR HOMES.
WITH ANY LUCK THERE MAY BE ANOTHER MORATORIUM ON FORECLOSURE ACTIONS UNTIL THE OUTCOME.
IT WOULD SEEM TO ME THAT IF YOU PARTNERED UP WITH MSOLIMAN, YOU GUYS SHOULD BE ABLE TO HIT ONE OUT OF THE PARK.
Of course I don’t really expect you or any other attorney to take up such an offer because lets face it, you know as well as we do that they, the lawyers and judicial system, are all in bed with each other.
Best wishes,
JD
Steve, how do you think that judges become judges? they start out as attorney’s. what makes you think they’re gonna treat you any better especially when they know that you are gonna be trusting them to look out for your best interest… kind of like with brokers with similar end results… & trust me it is frustrating. if you want something done right you have to do it yourself, because I seriously dout any attorney is going to sacrafice any brownie points they have with judges & challange a judge & stand up for a homeowner, when all they are probably asked to do by opposing counsel judges is collect a retainer and make zero effort file a complaint let it get dismissed & then say that they tried.
Jeff, oh really… sounds like a great Idea
http://ssgoldstar.websitetoolbox.com/post?id=3511831
one I’ve already thought…. Are you signed up yet?
Attorneys:
Lien Theory vs. Title Theory vs. Deed of Trust Theory states:
Is the correct, complete, accurate recordation of assignments required to maintain a valid enforceable lien?
California Civil Code
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20
Remember the “Tea Party” is set for September 12th
I think the answer to the problem you’re all telling each other maybe in this website.
You have Lawyers, Pro Se, and inquiring home owners. You have “Produce the Note”, Subprime, and Option Arm fraud cases. You have research from State laws, Federal laws, Contract Laws, Securitization, bankruptcy law,and contract law.
This website is or has become the #1 resource for help. I don’t know Neil Garfield but I’m thinking maybe if I pass this idea by you it may work.
Is it possible to break up the situations creating lists to violations and what catagory they fall under?
Not that there is a legal definition to Produce the Note, predatory lending, or mortgage fraud but those could be the title pages to the violations discovered. It would be a page that you can type in the section or code and place it to the category it falls under. Then give a BRIEF description of findings and how they’re applied and a link if available. If anyone wants to discuss the finding they can link to you or bring it to the comment page for open discussion.
EXAMPLE:
Heading: U.S. code Title 12 Chap. 49 Homeowners protection Sect. 4905 Disclosure requirements for lender paid mortgage insurance. Dated 2002
Quick definition in laymens term:
Lender took out their own policy before loan closing without informing the borrower which may have caused them to pay a higher interest rate.
Category: Possible fraud
Reasearch link: http://law.justia.com/us/codes/title12/12usc4905.html
msoliman typed- “Ignorance compounded by fear is never going to remedy your situation.” It’s true. All these comments are running around like chickens with their heads cut off.
A SOLID CASE is what we are all looking for. Pro Se can look at the list for assistance and lawyers may discover violations overlooked. It wont take away the necessity of obtaining a lawyer. You still need one I my opinion.
I was driving my 2001 F-150 in 2007. I smelled electrical burning and upon pulling over calling 911 my truck burned to the ground within 10 minutes. I discovered through Consumeraffairs.com I wasn’t the only one who had this happen to them. Lawyers wouldn’t take the case since they’re was no personal injury. So, in small claims I presented every piece of evidence I could find on the internet. Ford said that was hear say but the judge allowed it. He was shocked at the evidence. I even had the photos which I sent to Ford and the letter from Ford dening to come look at the vehicle but they still claimed they were never given the chance to come inspect it. The judge first said he needed time to think about. But then he all of a sudden he said, “Lack of evidence. Case dismissed.” I asked what more evidence can I bring? He walked out of the court room without a word. So this I believe is what the lawyers are trying to tell you what could happen.
I don’t know, I’ve never been in a federal court room just small claims. It’s just sounds like it’s time to take all the gathered violations and form a long, long, long list that lawyers and Pro Se can pick and choose from protaining to their own or clients situation. A full proof case that can’t be dismissed.
Just speaking for myself. (ProSe)
M. Soliman is a valuable resource for me when reading the daily RSS feed from this site.
You know why?
Because he brings another useful perspective to this group – that of a securitization insider.
He may be cryptic and opinionated. He certainly won’t spell his area of expertise out like Neil will.
Several of his comments (esp FAS 140-3) have pointed me in VERY useful directions to learn more about topics that Neil does not cover. When I dig through those godforsaken zillion page 424B5’s or Trust Agreements I can have just that little more advantage than the opposition counsel has.
If I could afford his services I would use them. But like most ProSe’rs here; our only resources are hundreds of hours of study and a passion to win (or at least take years longer to lose).
I thank Soliman for what he’s able to tell me – even vaguely – it helps.
Of course if I could get more from Neil that would be great ! But give the guy some room for a life outside this blog. Or at least hope that he is working on something good for us.
MR. Soliman
You deal in the abstract. I am currently assisting people try to save their home.
My question to you is simply put as follows:
What is the end game?
Most of the arguments you and others put forth here make it seem as if the entire mortgage should be thrown out and the homeowner will get to keep their home free and clear.
This notion is 100% absurd.
Recission of mortgage is a waste of time argument.
Perhaps if we were to try and work WITH the bank to assist and not threaten to sue or sue the bank to get its help we would see better results. I know in my practice of the law I used to threaten to sue and got nowhere. Open discourse with the bank actually can work. But the amount of time and effort will rival that of any personal injury or DUI trial.
There is no court in the land that will simply strip the lein of a mortgage and say congrats homeowner its yours free and clear! This will not happen. To try and argue who has the right to collect and who has the right to foreclose and who has the right to modify simply allows the bank to avoid the main goal………….Saving the American homeowner.
I truly beleive you are sincere in your efforts to help people. I truly beleive many things. But I KNOW that as soon as I sue the bank they stop talking to my client.
Food for thought. Since most will not be able to afford much else soon.
I have been referred to thisd website by someone who feels I might help. First ofr all, I am not an attorney, but I have 15 years as a professional collector, so I know the collection laws.
I am interested in receiving emails from anyone who is in the grips of American Home Mortgage Servicing Inc. (AHMSI). This is the company that caused the meltdown in ther housing and mortgage markets. They received bankruptcy protection from the most corrrupt state, and that is Delaware.
They have been given a second chance, and they are now more vicious then they were before. They have violated several Federal laws, just in my case alone.. THEY ARE CRIMINALS !!!!!!!
I just found out that they have been given a large stimulas from the Federal Government. That is insane!!!!!!
For the past three months I have been getting emails from AHMSI customers who have been put through hell, and I know that first hand.
I suffered acute kidney failure when they agressively tried to collect money I did not owe. Another gentleman lost his son which he feels was due to the stress caused by AHMSI.
AHMSI has an organized plan on how to stress people out so much, that some and maybe many just walk away from their homes.
Everyone is trying to do it on their own, but unless we all band together, we have no chance.
Until the early 1970s, this country was OF, BY AND FOR THE PEOPLE,, but lobbists, big business and special interests have taken over the government. I saw one posting that suggested a revolution, and I agree! The banks, Insurance companys, and auto manufacturers received billions, to prop them up ad reward them for incompetence.
The money that was doled out shoulld have went to the ordinary citizen. If they gave every household in America $15,000, people would have paid off their credit cards, brought their mortgages up to date, purchased new cars, and many other things. This would have caused factories to start restocking the shelves in America, and most Americans would be debt free. After all, it is our money, but it has been stolen from us.
I have been working on setting up a website for us. It will be “The United States For America”. I can start it but it would be too much for me to handle by myself, so I would need volunteers. The United States FOR America will have no political parties, just you and me fighting to regain control of America from the criminals who now make the rules, and who succumb to special interests.
AARP shows that in numbers you can be heard, and you can control your destiny.
Are you willing to take back Americfa? If so, email me if you want to be considered a member or a volunteer.
We can do this together, or we can just become mindless drones.
Getting back to Ahmsi, Please email me a short statement of what they have done to you.. I have others who have already done this, and once I get enough emails, I will be presenting them to The Department of Justice, Congress, and The White House.
I want to help as many people as possible so I am going to give you information you can use.
First, You should Google the (FDCPA). The Fair Debt Collection Practices Act. It is easy enough for a layman to understand, so learn your rights.
If your mortgage is a “servicing company”, collecting for a thied party, they must follow FDCPA!
If they are a company collecting their own debit, they are not bound by the FDCPA, but many states have laws similar to and just as effective as the FDCPA.
If Thery have scored your credit bureaus, and it is not justified, you need to file a dispute letter with all threer major credit bureaus, ie Experian, Equafax, and Transunion. The company you are disputing has 45 days to answerr, or it will come off your credit bureau7s. If they falsely verify the negative information, like they did to me, they are in violation of the Fair Credit Reporting Act, and this law allows for actual provable damages, and punitive damages as well.. Most likely, they did or said something that can be considered a “Breach of Contract.
Someone contacted me today telling me they insisted that she had to pay the amount they claimed was due before they would talk to her. Once she paid, they hung up on her. This is known as extortion and it is a federal crime.
if you do nothing they win. If you don’t fight back, you will lose. I hope you will email me as soon as you read this posting. Togtether we will win.
email me at ahmcriminal@cox.net
Jeff said -I can give you mortgage after mortgage where I have PROVEN the homeowner’s need and eligibility for a loan modification only to have the bank or servicer come back with a payment that is actually HIGHER than when the homeowner defaulted.
Who were the notices requested by? ____Who funded the loan at settlement (a bankrupt insulate entity) _____Who offered the modifcation? ____Who collected on the loan while in default?_____ Was the master servicer loan payment record for delinqunecy in sync with the sub servicing agents delinquency records (don’t think so)_____. When was the loan transfer date? When did a substitution of trustee take place______? Is any infomation pen scribbled in______?
People, just slow down and verify the information. If the dates and facts don’t make sense….and they almost always don’t…….then?
msoliman
admin@borrowerhiotline.com
Abby,
I in no way meant to imply that all information posted here is whining. I have been an avid reader, less avid poster, of this blog since last year. I would love to get involved in any sort of organized MEANINGFUL protest. Too many times our cries fall on deaf ears.
Why is it that I need to contact Fannie Mae through its attorneys to get them to direct a mortgage servicing company to follow the HAMP program?
Why are banks and servicers REFUSING to do what is in the best interest of anyone but themselves Mortgage servicers get paid based on how much they collect. How in the world can anyone reasonable expect them to truly try and help the homeowner?
I can give you mortgage after mortgage where I have PROVEN the homeowner’s need and eligibility for a loan modification only to have the bank or servicer come back with a payment that is actually HIGHER than when the homeowner defaulted.
I have clients who get calls from collection departments for banks telling the homeowner “we are selling your house this friday if you dont pay us” when I actually had an approved loan modification IN MY HANDS from the very same bank.
There is no accountability for the money our government GAVE AWAY.
If you think you have some way to really help by all means sign me up.
KUDOS TO US ALL
one more thing.
I think by the time we are done saving our homes, we might be able to work on Wall Street and be able to talk their jargon!!
Perhaps great jobs await us and we will know how to keep em all honest!
Jeff
We are all on here trying to do our best, offer support and ideas when we can.
I think we may get a little short at times because we are exhausted. Many of us have been fighting as pro se, the best we can.
We are from all walks of life and have now been thrown into learning not only ‘LAW’ but ‘Securitization’, ‘Trusts’ & ‘Banking’ & ‘bankruptcy law’ and some ‘contract law’ and figuring out what to do in a courtroom. Most have never ever even been in a courtroom. All in order to try to save our home.
This is an awful lot for ordinary folks.
It can be very confusing and then we have folks who are on here with their area of expert advice, which may or may not be over the heads of some of us.
We are not whining. We fluctuate from feeling ok–we are on the right tract with fighting the banks etc. to we are very angry! So, we might be angry with one another once in a while. So, we call somebody on their s__t.
We tried to organize a march on Washington DC once BO was in office, but we are pretty much tapped out money wise and too exhausted.
Now some are trying to figure out if we can put a coalition together to go to Washington DC. Would you like to help us with that?
If you had visited this site last winter, say December, and compare it to now….we have come a very long way in a positive manner.
I think most people on her would agree this site is helpful.
As an attorney who is trying to do his best to assist homeowners I am truly saddened that all of the anger and venom spewed forth in this blog is not directed at the ones who have caused this mess. I simply do not understand where all the public outrage si. Who the F**k cares about health insurance and whether or not our president is akin to Hilter. THE BANKS ARE STEALING OUR HOMES!!! THE CONGRESS HAS SOLD OUR FUTURES TO BANK OF AMERICA AND CITIBANK YET YOU ALL CRY ABOUT EACH OTHER?!?!?
You so called “intellectuals” sit and debate from the comfort of your own couch while the REAL world has the banks foreclosing more mortgages than they modify.
Unless people stand up to the government then they deserve the governement they get.
I am sick of your whining, Grow up and DO SOMETHING OR SHUT UP!
Unemployment is at record high. Tens of millions without insurance. Foreclosures are at record highs. Our children are growing up stupid. The homeless rates are skyrocketing across the nation.
“But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.”
AM I THE ONLY ONE LEFT WHO STILL FINDS MEANING IN THOSE WORDS????????????
REVOLUTION DOES NOT EQUAL VIOLENCE!!!!!!!
Government and Conscience need not be mutually exclusive.
Without open RATIONAL discourse nothing in this country will change.
GOD BLESS BANK OF AMERICA
Abby in CA,
. . . you know there’s something more behind all this I can feel it, the Identity of investors remains a mystery.
There is ….look at the notices (default, Substitution and sale). There you have the answer. Look and look very close.
THE SALE OF THE LOAN TO THE TRUST (TRANSFOR) IS A SUBSEQUENT EVENT.
THAT EVENT IS TRIGGERED BY A TRUSTEE SALE WITHIN 60 DAYS OF THE SALE DATE. ITS NICE TO KNOW YOUR CHANCES FOR A MODIFCATION AND WORK OUT ARE LIMITED TO A DEFAULT AND A MANDATORY LIQUIDATION OF THE HOME.
Meaningful workout? NO CHANCE WITHOUT THE TRUST VAPORIZING.
DyingTruth – get me your file. Let me review the deal (NO CHARGE) Let the angst go brother and get me the file. It will prove who is the fraud.
If I am wrong your bank is right. Your bank and I both cannot be wrong …think about it. It’s his call folks!
MSoliman@borrowerhotline.com
Dying Truth-I’m sure you are correct.
In my case, the investors had to invest in increments of 100K a pop!
So it took almost 8 investors at 100K each to purchase the MBS (my home) or maybe 1 investor who put in 800K.
Sold around the world probably, who knows.
Could also be 401Ks etc.
I am not allowed to spar with our favorite son on here.
If you want to email me carra2009@gmail.com.
Cuomo Recused Himself Over Money Manager in Pension Fund Probe
BING! starting to unfold
http://www.bloomberg.com/apps/news?pid=20601103&sid=alOHQSn5zgOk
Goldman & Sachs is a Financial Investment “Firm”, the Magistrate judge that conducted discovery on my case Hon. Marc L. Goldman, My attorney Stephen Dial (the one who filed a motion to withdraw, refused to represent my arguments, but then filed a motion of non-opposition to a motion to dismiss when my dad was unable to make it to te hearings because of work (on my fathers behalf)) He has a son that works on wall street and what’s worst come to find out dial used to only represent lenders & brokers, too much of a scaley pattern forming up what appears to be snake skin…
Abby in CA,
you know there’s something more behind all this I can feel it, the Identity of investors remains a mystery, judges from the district are(so far what i’ve seen), they could be share holders to the trusts probably. you know 1 thing I did notice in my case that was never mentioned but docked was a Magistrate Judge Hon. Arthur Nakazato recused himself when my case got assigned to him but I was never notified, I had to read it off of PACER, and I thought judges are only supposed to recuse themselves when they have an interest in someone or something involved with the case & it looked like from the docket entries that they threw my case around like they did’t want to get caught with it. LET ME ASK EVERYONE HERE HOW MANY PEOPLE HERE GOT SCREWED BY AN ATTORNEY THAT YOU HIRED TO REPRESENT YOU & MAYBE GETTING THE FEELING THAT THEY HAVE SOMETHING RIDING ON THE HOUSE OR CASE EVEN AFTER THE ATTORNEY CLIENT RELATIONSHIP IS OVER?
Swallowman you have no credibility. if your credit were national debt you would have a deficit that would put obama to shame…
what’s even more disturbing is he’s kickin’ the same thoughts I had earlier that he discredited about securities. Is this some kind of a sick joke, you guys?
MJ
If a bank does not comply with mark to market accounting then that does not give a homeowner a defense in a foreclosure case. If a bank has fallen below appropriate capital ratios then that does not give a homeowner a defense in a foreclosure case. (Wow- text book recital).
If the bank has really originated the loan through a smoke screen of securtization – it is acting as an unlawful business combination, failing to deliver critical disclosures, compromising the tax payer and wrongly using its participation as an FDIC member bank. All at the expense of a borrower who pledged collateral as a debtor and obligor. Here is the opportunity for a call to recievership. And NO you would be left out – at first glance
Now for a second time – You are looking for a borrwer to maintain RESPA rights – What is that worth? As a creditor you replace the investment and trust investors into a liquidation.
Folks, here is where a liquidation of trust assets does not exclude you but brings you into the mix forcing an investor into your role as a debtor. They would return to you the entire amount paid to date. (according to the indenture MJ in the event of a liquidation).
In a receivership you liquidate your assets at a TRUE OPEN MARKET VALUE OR DISCOUNT. Instead of the bank doing the same to you in a trustee sale you force the sale in a liquidation (the collateral) back to you in receivership.
MJ : Your repsonse is traditional and based on a thrist for case law in a non traditional matter for which little if any case law exists.
The borrower is lured into a mortgage oringation that carried at cost not disclosed. The bank has defeated their right to a meaningful work out or resolution.
The only instance of bank redemption and restoring itselg for the covert effort is a transfer of the assset based upon a trigger under FAS 140-3. Covert and unlawfull serivicng acts and gimmicks are documented and cause for a violation of 1122Ab and is documented by auditor attestation.
That trigger for clearing each transfer to Trust is a foreclosure and trustees sale.
Ignorance compounded by fear is never going to remedy your situation.
Folks – do as you will and good luck . But refrain from personal attacks and offensive comments intended to unduely defame and unlawfully interfere and discredit.
msoliman
admin@borrowerhotline.com
After receiving spam mail this afternoon regarding the services of MSOLIMAN, I asked the following questions which he was so kind to answer.
MJ – I don’t want to waste the reader’s time with this garbage. You are on an attached email list and I was solicited for my views and related information.
Please stand corrected – it was not Spam! Your attempts to divert our viewers and discredit me are undue and dangerous regarding a sensitve subject.
Your creating liability for yourself here.
After recieving spam mail this afternoon regarding the services of MSOLIMAN, I asked the following questions which he was so kind to answer.
1. Can you cite one case where this argument has been successful?
Can you cite a RESPA or Lost Note defense argument that has been successful? (BOYCO Ohio does not count). We upon first response by a lender shoot straight up to their legal counsel. No nonsense with loss mit and servicing supervisors. We have many cases that were dismissed as a defendant and I can forward. We have spoken to Washington’s FDIC chief of compliance, an attorney general and the OTS. The FDIC could not explain their malfeasance in guarding against this mess to begin with.
2. You arguments have no private right of action as far as I can tell.
A borrower in a trust is addressed in the indenture whereby it states the rights of a consumer with no reference of those right being brought by anyone other. This maybe an SEC or US attorney general matter in the end and that end will be soon.
3. Can you please provide a specific cite to Federal or State law?
My God, Read the published memorandums by the SEC and FASB and look at ENRON, TYCO and Adelphia. Its securities law where you need to focus. Look at ther indictment being handed out and read them damn it.
Mr. Soliman failed to answer any of the three questions on point. Instead he used mis-direction and even answered question #1 with a question. Mr. Soliman can not even point to one specific Federal or State law that a consumer can use, I suspect because they do not exist.
All the issues he points out do not give a private right of action to a consumer…..PERIOD
If a bank has fallen below appropriate capital ratios then that does not give a homeowner a defense in a foreclosure case.
If a bank does not comply with mark to market accounting then that does not give a homeowner a defense in a foreclosure case.
Suffice it to say I am now convinced this person is a snake oil salesman.
Appologie to all the respectable homeowners at this forum I’m just in the same shoes as most of you desperatley looking for any lifeline of hope I even pleaded in district court an understated brokers fee, coupled with two of the 3 day ROR bearing no rescission expiration dates nor signitures in the acknowledgement of receipt but with ones in the exercise of sent along with a tender offering of the property I was born & raised in or a reserved right to obtain financing if not acceptable to meet my obligations in the rescission process, got no response, just a motion to dismiss for failure to state a claim upon which releif could be granted which the court granted with prejudice and without leave to amend… getting stepped on & screwed by even the attorney I hired to represent me but i’m sure most of you already know the unjust tyrrany we are all forced to suffer
& what do you call your statements PUNK your just a court whore that has no place in the CM/ECF established courts now. You know it’s scum like you who think they are somehow better than everybody else because you witnessed, and learned to repeat the language of the Swineheely PIG Latin gibberish complex securities derivitves that even greenspan admits is the primary core problem of the current financial crisis. Your nothing more than a Parrot like Jafar’s Parrot in Aladdin Played by Gilbert Gottfried. I don’t know why I even keep trying drop whatever negativity & just be civil when you blatantly disrespect me like that when I’m just trying to help and look for some at the same time but I shouldn’t expect a mock snob parrot like you to have any integrity or genuine concern for homeowners, hey your just tryin to make a buck off of honest peoples unfortunate disposition, it’s just really sad when all this is over I wonder while your sitting in your gold little birdcage probably in some forclosed house, how many morally built decent human beings will have killed themselves or isolated themselves from everything forever never to recover because they allowed themselves to to put trust hope faith in & eventually get duped, screwed over by a little crap talking rainbow colored PARROT!
Msoliman:
I see little difference from the post you commented on below and you trying to argue banks not complying with FAS accounting rules and capital ratios gives a consumer a defense to foreclosure.
Will you please point out the relevant code that says if a Bank, Trust, Fund, etc etc. violates any of the rules below gives a right of action to a consumer in a foreclosure defense.
FAS 140, FAP
Ongoing test for impairment
FAS 144
Goodwill
FAS 121
FAS 142
FAS 140 and the QSPE
Definitions “True Sale”
FTB 01-1
This is the list you sent me today in the spam message I received from you.
DyingTruth, on August 21st, 2009 at 12:24 pm Said:
ATTENTION GARFIELD & FRIENDS
despite the constant rejections of class acton rescission cases if you’ll notice they all argue that rescission is an individual remedy,THAT’S RIGHT SECURITIZATION if they allowed 1 rescission that would breach the trust*. If all this was Disguised securities transactions then securities laws would apply right making the borrowers depositors or something…
Gibberish and dangerous to the public . This is what is causing the effort to be sidetracked by useless non legal and non binding advice and confused comentary.
Can anyone make sense of these comments? Garbage.
MSoliman
admin@borrowerhotline.com
I just dialed the toll free number a second ago. It worked fine. Leave message on toll free # They’re pretty quick to respond. But again, it was just a recomendation from someone on this sight. I haven’t signed up with them yet. I’m still waitng one more week. Did a search this morning with my lenders name and lawsuit after it and found a lot of cases filed for this year. Still hoping someone can one day say yes the lawsuit was worth it.
(310) 765-7388 Tel
(877) 732-7653 Toll Free
(213) 221-7754 Fax
nls@borrowerhotline.com
for the soldiers who could use a little humor break from exausting their efforts in the cause(& a little insight)
http://docs.google.com/present/view?skipauth=true&id=ddp4zq7n_0cdjsr4fn
Abby in CA,
if your lender is in bankruptcy I do believe if you file for bankruptcy & claim you were forced into it by thiers it discharges your obligations or at least that’s what I gather from this basic contract law book I have but run it by an attorney first if you do consider it
jt
“Why is it we can only find articles of someone only haulting the foreclosure?
Is it the “Gag Order” restricting any comments being made after settlement?
Is it a law or oath stating your not allowed to reveal any satistics?”
i also was wondering the very samething… ie settlement in borrowers favor but conditioned by silence !?
I hear what JT is saying about case law I do know of a couple but they are like 20 years old. Isn’t there a specific area of law or someehere in the statutes that says the court whould allow certain things if the public would benefit from it ? Well someone needs to tell the Judges the public needs some beneficial case law to back them up because without it we’re getting slaughtered.
Steve,
I think NLS is out of business & not around anymore. There number is out of service. Let me know if you have any luck with U.S. Loan Auditors.
Fred
auditor sent Q.W.R. April 1st. Got N.O.D. July 15th Lender acknowledges Q.W.R. Aug. 1st. I’m a bit in line with JT. I have gotten calls back from lawyers now . They are moving forward and warning the expense. My auditor said he would find me a lawyer for court costs. But the lawyer he put me on the phone with two weeks ago I haven’t heard from. That’s okay, it took a month for 1 out of 5 lawyers on this sight to call me back. I’m a little stressed assuming Oct. 15 they’ll be throwing me out because I don’t know what is going to happen next. My auditor said plan on losing the home. That’s fine and dandy with me but upon entering the smell of urine wont be from the dog. I don’t own one. Kidding. Not. Trying to work with savings at the moment it’s a choice between U.S. Loan Auditors or N.L.S. Both need upfront fees. U.S. loan sounds good because it is with the BBB, they do send proof of their lawyers credentials, they are lawyers not servicers for lawyers, and they do go straight to Federal court. The draw back is the monthly cost. How many years will I be living in a tent waiting for the case to settle. N.L.S. sounds like they now their stuff but the draw back is they’re servicers working with lawyers, I don’t know about the BBB, the attorney general wants $100,000 bond posted. I found one comment under Rip-off report about them. But I’ve also heard and read a lot of good things about them. Yes we’re victums. Yes we are aware of the cost. Yes we’re aware of the numerous violations. The questions to lawyers are:
Why is it we can only find articles of someone only haulting the foreclosure?
Is it the “Gag Order” restricting any comments being made after settlement?
Is it a law or oath stating your not allowed to reveal any satistics?
Is it ending up with the judges saying,” I don’ t see how the lender is responsible when the broker originated the crime.You should come back and sue the broker. Case dismissed.”
Are we still dealing with judges or (the whole judicial system) afraid to set presedence siding with one homeowner?
You the lawyers are explaining the seriousness of these violations. But the individual reasearch reads that zero out of 10,000,000 have settle matters in the home owners favor.
It is the last of our savings. We will live in tents investing every penny to reach a decision or settlement. Just feel the odds are zero out of 10,000,000 for home owners.
JT–I live in your area in Florida–I have a couple of resources for you–941 377-9930
Oh JT…
What did I tell you?
They would rather get that $20,000 grand at $500.00 a month intervals to PRETEND to save your home. (SIDE NOTE: I am sure there are still 1 or 2 actual “Dog Day Afternoon” lawyers out there. But I am sure they have retired.)
I would recommend (if it’s not to late):
1: A PRO SE “MOTION TO DISMISS” based on anything and everything you have already including audits etc. NOTE: This can only be done if you have not filed and answer to the summons. You could try to file an “Amended Answer to the Complaint” and include the “MOTION TO DISMISS” (Sometimes it may be allowed in a pro se case depends if the judge got laid the night before.)
1a: Be sure to include a “MOTION FOR DISCOVERY” and request EVERY SINGLE DOCUMENT INVOLVED IN THE LOANS ADVENTURES AS WELL AS A REQUEST TO HAVE EVERY SINGLE NAME YOU FIND ON THE DOCUMENTS CALLED AS A WITNESSES AS THEY ARE SUPPOSED TO HAVE FIRST HAND KNOWLEDGE OF THE LOANS HISTORY.
In theory… the judge is “supposed ” to honor the requests.
File a TEMPORARY RESTRAINING ORDER (TRO) against the PETITIONERS.
Then prepare for the judge to give you the finger.
FILE A MOTION TO SET ASIDE or VACATE SUMMARY JUDGEMENT
GET READY FOR YOUR APPEAL!! YOU ONLY HAVE 20 (TWENTY) DAYS TO FILE YOUR APPEAL!!!
THEN PACK YOU BAGS BECAUSE YOUR GONNA NEED THAT $20K TO MOVE.
Best wishes and good luck.
JD
p.s.
Below is only a thought so an actual esquire’s opinion should be sought.
If opposing counsel HAS NOT filed the “MOTION FOR SUMMARY JUDGMENT” yet, you could try and beat them to the punch and file your own “MOTION FOR SUMMARY JUDGMENT” with any and all evidence you have as well as the above mentioned “MOD” However you are asking the judge to rule based on “SUMMARY” and NOT utilizing all the witnesses requested via the MOD. As I said it is a thought and I am onlt trying to help.
To say the least, I am somewhat disappointed. Last week, I offered any lawyer here to take a FL case and if they would be successful, I would pay $20,000. So far, only one response. This tells me one of two things.
1. $20,000 isn’t enough to get responses from lawyers here or;
2. The chances of winning are slim.
Look for my previous post. Like I said, there are a lot of good ideas and positions which I agree with. The reality is, most of that cases I can find from posters here is they eventually loose their home (searching the cleks sites in FL)….for what ever reasons. We get “paid” for results.
Let’s face it, (and those in the legal field should listen up) I would think that winning more cases you win would just make the next case that much easier to win. If money talks and 20k isn’t enough to even get inquiries, what does that say? Heck, I am just looking for a coach to put together pleadings that make sense…not F. Lee Baily.
At any rate, regardless of the good ideas here. Unless they are articulated correctly in a manner the legal system understands…you loose. The fact that only one entity (floridadefensegroup) responded speaks volumes. Sorry Neil, this stuff won’t work unless there are cases won….and in my case, 20k is not even of interest to those “lawyers-who-get-it.” If I am wrong, just show me the cases where these predatory loans worked out to nullification of the note/mortage or a substantial modification was the result. So far, I really haven’t see one nor a reliable strategy to win in the system ’nuff said.
Good luck to you all.
Well I’m probably gonna need Neil or Swallowman to co-sign me on this while yes you do have tila claims but you see all of our loans are like little Jenga pieces (or house of cards if you will), when they were all securitized they were all compacted together like when you first start the game Jenga, modifying a loan which appears to be part of the game is like pulling out one of the pieces & putting it on top, but allowing rescission of loans is like pulling one out and leaving it out which either way would lead to the whole Jenga(Trust) collapsing translated into legal terms = a lot of lawsuits & a big mess that the court would have to take part in fixing. Also it seems to me that individual cases might only possibly prevail once all the loans are de-securitized ie reverse the trust or something & my guess is you would need a majority of the depositors(borrowers) votes on renicking the whole deal. You see you got to imagine for a second, that wall street banks knew that we’d all go straight for the Truth In Lending Act they even threw it out there with their phony diversions leading us to remedies that wern’t applicable because it was a securities transaction that they got us into. look at the relavent factors MERS, the 3 tiers of trustees, “Certificates”(not Notes) etc… meanwhile all this was probably just a trick to out the SOL expiring any recouse we might have. Why do you think that a lot of foreclosures that came from the same pool happen all on the same day? that is them assuming the trust. Neil, Maher?
Alina
thanks. I did lodge my 3 yr rescission, prior to the 3 year date with every lender, bank, title company everybody involved. They all got the notice.
Abby,
Yes, you do have TILA claims against any assignee of your loan. I wouldn’t listen to opposing counsel.
However, there is a strict 3 year SOL on exercising your extended right of rescission. See Beach v. Ocwen.
Also, you can raise TILA affirmatively in a foreclosure. I do not know BK rules that well, so I cannot comment.
Dying Truth
I’ve been told by opposing counsel in the New Century Mortgage Chpt 11 BKR case that becasue they ‘the pretender lender’ subsequently sold my loan to Chase, along with 4200+ others, within 6 days of my loan closing (there are indications they had the paperwork between themselves and Chase already drawn up)–that they are absolved of any TILA (loan was sold)–that I cannot pursue them for TILA violations (can’t anyways unless I do an adversary action in their BKR 11).
I assume this is correct……and I assume I can lodge TILA against Chase (doesn’t TILA law carry to the purchaser of note?)
I also have the listing of the 4200+ loan numbers in the securitization trust. The investors could only buy into this pool if they bought in increments of 100K.
ATTENTION GARFIELD & FRIENDS
despite the constant rejections of class acton rescission cases if you’ll notice they all argue that rescission is an individual remedy, but if you’ll notice homeowners aren’t having much luck going at it alone seeking rescission, but how could this be with all the tila violations, you know people were getting granted rescission for a lot less before all this se-.. THAT’S RIGHT SECURITIZATION if they allowed 1 rescission that would breach the trust*. if you’ll notice in the attempts at tila class action status it’s almost as they are leaving hints to a hidden door for class action status(maybe securities)– Then there is the issue of the “Confidential” Note Holder, well duh there not going to tell you the identity of one of the other key components (that supposedly want out too) to undo the deal(s) that they made. or how about every borrower from any 1 specific trust all seeking rescission for being thrown on a wagon full of crap that they did not sign on for that might constitute as an individual action. If all this was Disguised securities transactions then securities laws would apply right making the borrowers depositors or something….. GARFIELD your the only one that can do it.. lead a class-wide rescission of securities transactions based upon everything you know. Come on you know full well that they always leave some obvious loop-hole to get out of….
John–thanks. I hear what you are saying. Sound correct in both my mind and your mind, however, I think these banks-foreclosers will argue and argue against us.
Not sure if judges will get it.
I am not questioning legal expertise of Mr. Kessler at all.
Do appreciate your posting.
Thx
Abby in CA.
My comment is first this.
Richard Kessler is a graduate of Yale Law School and a Washington, D.C. attorney. He has made a career of innovative and first-time legal strategies.
I have not done all the research on Richard and I hope to speak with him over the phone.
I can only assume at this time but if the Note was Securitized which you are tell me it was, then according to the rules of Securitization, the Note was converted into a new financial instrument, perhaps a bond which is an asset back security. So, what happened to the NOTE? There is no longer a NOTE and there is no longer an obligation. The Note is the “promise to pay”.
Now, is there anything out there to foreclose upon? You cannot have a NOTE and a New Financial Instrument existing at the same time.
If I am wrong in my thought process here someone please show me the light….
Mortgage Audits
oliver@ipa.net
john
John-yes, but we have the Trustee for the Securitization (in my case another Bank) who is representing the investors in the pool which Chase bought from New Century.
Thus, this Trustee for the Securitiztion (U.S. Bank, N.A. in my case) who all of a sudden starts to appear on some of the recorded docs during the foreclosure.
Then they bought the home at the auction from themselves. So, they are not a bona fied purchaser.
If one examines something called a Mortgage Sale and Servicing Agreement between New Century and Chase and then the Pooling and Servicing Agreement between two Chase entities (so they could set up the trust and sell the certificates at 100K a pop to investors), one will see that they grant rights to
the trustee of the securitization in these docs (all behind the scenes and the borrower is not privy).
These trustees of the securities, according to PSA, have power to foreclose and supposedly hold the original note(s).
What say you?
MSoliman;
Richard F. Kessler: Documentary Clearing House LLC. says….
Any mortgage converted into a security is unenforceable because the plaintiff lacks standing and the complaint fails to state a cause of action for which relief can be granted. The mortgage is unenforceable because the plaintiff lacks standing to foreclose on behalf of the certificate holders, the mortgage has been converted into an instrument not enforceable by foreclosure and the debtor/mortgagor did not consent to conversion of the mortgage.
This appears to be what Neil has stated about the securitization of the Note and Mortgage and perhaps why they cannot come up with the Note and Mortgage. And it follows my research up with what I found out in the National Register by way of the Texas Office of the Attorney General.
If this is in fact the case we have been duped for a number of years now…
Mortgage Audits
oliver@ipa.net
john
linda
i think i posted it and yes its gone… but the previous post below is from the same site… max gardner..
neil may be just house cleaning.. no foul!
I want to open up discussion on the procedures and subject of default and notices – California specific. There you must consider the specific foreclosure documenst that often fail to address the following:
1) The Document is defect
2) They appear defect for a reason
3) The information supports other arguments.
At trial not too long ago I was called as a witness and I will assure you the matter went from a lender slam dunk into a weeklong Judges deliberation. Our focus is on the failure to properly serve notice to homeowners by all parties of interest (e.g. NOD, NOS, Substitutions, and Assignments).
A Pretender lender is humorous as a moniker or label but it is a powerful statement as to who is the holder in due course. A good attorney would chuckle here or laugh at my argument as this is common knowledge. If they cite in theire causes of action the Holder in due course language – the argument will be dismissed as another fruitless attempt to get somthing for nothing and for a confused and suseptable borrower in a foreclosure.
A holder in due course is a paramount issue but not as it is being argued in court .
ATTORNEYS – THIS IS AN ISSUE FOR A REASON – -IT IS NOT DUE TO NEGLIGENCE. YOUR CLIENT DESERV ES THE CHANCE TO ARGUE THE BEST ARGUMENTS YOU CAN.
GOT IT!
MSoliman
admin@borrowerhotline.com
But my point is this (I do not stutter)
1) Are these notices in violation of the States Power of Sale under CA Civil Code of Procedures and 2) do they provide sufficient cause for enforcing your rights and or bringing an action?
A defect in the documents are grounds to argue a defect in title subject to the claims. But the defect in the documents have a deeper meaning and THIS IS WHERE WE COME IN.
We are Experts and can show standing for the arguments we raise. Whats an attorney got to do with this. A Lot! We do not practice law and cannot tell you if your case is better suited for a claim against thte title insurer, claim against the Wall Street conduit and or combination of companies, if the E& O and Fidelity bonds are important to consider.
We will get you and your attorney there but only the attorney can deliver the goods.
MSoliman
admin@borrowerhotline.com
Why are some posts being removed? I check this website several times a day–yesterday there was a very important post about securitization that is not there today. I woke up so excited to see the responses to that post and wanted to send it to everyone I know. I love this website–also, one of my posts was removed last week. Maybe just a computer glitch, huh?
max gardner
digs in to the loose change that appears to be the “captain at the helm” in bk forclosures, more un-nerving news from the battle trenches .
http://www.creditslips.org/creditslips/2009/08/show-me-the-original-note-and-i-will-show-you-the-money.html
Does the insurer absorb credit losses over time?
Yes. Consider a $ one billion ABS. I believe it could likely sustain the loss backed by an insurer such as AMBAC – it will sustain itself assuming interest that went unpaid, i.e. something like 6%, or $60 million. So in terms of capital adequacy, the insurer might be able to earn enough premiums over time to offset losses.
The note is void? I don’t know about that. . . .Its physical presence in a recovery may become satisfied by proper recording and registration under a UCC filed by the holder. It satisfies the security Component but hardly “voids” the instrument.
What is your background here as I am not able to produce any evidence of rendering the document voidable versus where I agree with the concept of a replacement in a proceeding using a lost note affidavit? (The defense is weak in my opinion)
Would the terms and condition set forth likewise be void whereby details are cast to a copy? I am interested none the less if you can point to an authority.
The idea of a UCC registration assumes a hypothecation – a note held by trustee but is lost to the lender whereby there is no real holder -interest versus pos